HomeMy WebLinkAbout20091200.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1689 FOR A KENNEL (24 DOGS USED TO SELECTIVELY BREED AND
TRAIN REGISTERED SPORTING DOGS) IN THE A (AGRICULTURAL) ZONE
DISTRICT - TIMOTHY GONZALES
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 27th day
of May, 2009, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Timothy Gonzales, 14477 County Road 18, Fort Lupton, Colorado
80621, for a Site Specific Development Plan and Use by Special Review Permit #1689 for a
Kennel (24 dogs used to selectively breed and train registered sporting dogs) in the
A (Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
Lot A of Recorded Exemption #2029; being part of
the S1/2 SW1/4 of Section 21, Township 2 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was present, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of
the Weld County Planning Commission and all of the exhibits and evidence presented in this
matter and, having been fully informed, finds that this request shall be approved for the following
reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
a. Section 23-2-230.B.1 -- The proposed use is consistent with Chapter 22
and any other applicable Code provisions or ordinance in effect.
Section 22-2-20 (A.Goal 1) states, "Respect and encourage the
continuation of agricultural land uses and agricultural operations for
purposes which enhance the economic health and sustainability of
agriculture." The Kennel facility is located on a Recorded Exemption
parcel created in March 1998, and consists of approximately 2.19 acres.
There are existing improvements, including: the applicant's residence,
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SPECIAL REVIEW PERMIT #1689 - TIMOTHY GONZALES
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and a separate kennel building, thereby making it impractical to utilize the
site for agricultural purposes.
b. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.K of the Weld County
Code provides for Kennels (to accommodate 24 dogs used to selectively
breed and train registered sporting dogs) in the A (Agricultural) Zone
District.
c. Section 23-2-230.6.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The existing kennel
is in violation of the Weld County Code (ZCV-08-00260) for the presence
of too many household pets. The site is located 310 feet west of a single
family residence [Gonzales] and 710 feet north of a single family
residence [Maier]. The Aristocrat Ranchettes Subdivision is located
approximately 0.5 miles east of the facility, and the kennel is 365 feet
north of County Road 18, sited behind the owner's residence. The Fulton
Ditch borders the property to the west. Two letters of support were
received with the application materials, the first from Louis and Jolene
Gonzales, neighbors to the east of the property, and Manuel Luis, a
neighbor 0.25 mile northeast of the property. Multiple kennels are located
to the east, near the intersection of County Roads 18 and 31. The
Conditions of Approval and Development Standards will ensure that this
use is compatible with adjacent uses.
d. Section 23-2-230.6.4 -- The uses which will be permitted will be
compatible with future development of the surrounding area, as permitted
by the existing zoning, and with the future development, as projected by
Chapter 22 of the Weld County Code and any other applicable Code
provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The site is located within the three-mile referral area for the
City of Fort Lupton, which submitted a referral dated February 4, 2009,
indicating no conflicts with its interests.
e. Section 23-2-230.6.5 -- The site is not located within the floodplain, as
defined by the FIRM Community Panel Map 080266-0868C, dated
September 28, 1982. Effective January 1, 2003, building permits issued
on the proposed lots will be required to adhere to the fee structure of the
County -Wide Road Impact Fee Program. Effective August 1, 2005,
building permits issued on the subject site will be required to adhere to
the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee Programs.
f. Section 23-2-230.6.6 -- The applicant has demonstrated a diligent effort
to conserve prime agricultural land in the locational decision for the
proposed use. The site is located in land designated as "Other [50%] and
Prime [50%1" according to the United States Department of Agriculture
(U.S.D.A.) Soil Conservation Map, dated 1979.
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g.
Section 23-2-230.B.7 -- The Design Standards (Section 23-2-240 of the
Weld County Code), Operation Standards (Section 23-2-250 of the Weld
County Code), Conditions of Approval, and Development Standards
ensure that there are adequate provisions for the protection of the health,
safety, and welfare of the inhabitants of the neighborhood and County.
h. Section 23-4-400 — The attached Conditions of Approval and
Development Standards will ensure that the Kennel will be operated
according to the supplementary kennel requirements outlined in this
Section of the Weld County Code.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Timothy Gonzales for a Site Specific
Development Plan and Use by Special Review Permit #1689 for a Kennel (24 dogs used to
selectively breed and train registered sporting dogs) in the A (Agricultural) Zone District, on the
parcel of land described above be, and hereby is, granted subject to the following conditions:
1. Prior to recording the plat:
A. All plat sheets shall be labeled USR-1689.
B. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) County Road 18 is designated on the Weld County Road
Classification Plan as a collector status road, which requires 80
feet of right-of-way at full buildout. There is presently 60 feet of
right-of-way. An additional 10 feet shall be delineated on the plat
as future County Road 18 right-of-way. All setbacks shall be
measured from the edge of future right-of-way. The applicant
shall verify the existing right-of-way and the documents creating
the right-of-way. If the right-of-way cannot be verified, it shall be
dedicated. This road is maintained by Weld County.
3) The type and size of the proposed trees shall be indicated on the
plat.
4) If a sign is proposed, the location shall be shown on the plat, a
minimum of 20 feet to the north of future right-of-way for County
Road 18. The size of the sign is limited to 16 square feet.
5) The dimensions of parking spaces shall be indicated on the plat.
Parking shall meet the design requirements for off-street parking
outlined in Appendix 23-A of the Weld County Code.
6) The applicant shall delineate the internal circulation pattern.
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7) The applicant shall delineate the location of the water quality
control feature.
The applicant shall address the requirements of the Weld County
Department of Public Health and Environment, as outlined in the referral
received February 12, 2009.
1) The applicant shall provide written evidence to the Weld County
Department of Public Health and Environment that the applicant
has contacted the Colorado Department of Agriculture (CDA),
Division of Animal Industry. This contact shall determine if a
license under the Pet Animal Care Facilities Act (PACFA), as
defined under Section 35-80-101 through 117, C.R.S., is required,
or evidence may be provided that the applicant is not subject to
the PACFA requirements. If a license is required, a copy of the
license shall be provided to the Weld County Department of Public
Health and Environment.
2) In the event the applicant intends to utilize the existing septic
system at the existing home for visitor and kennel sanitation
needs, the septic system shall be reviewed by a Colorado
registered professional engineer. The review shall consist of
observation of the system and a technical review describing the
system's ability to handle the proposed hydraulic load from the
residence occupants and visitors. The review shall be submitted to
the Environmental Health Services Division of the Weld County
Department of Public Health and Environment. In the event the
system is found to be inadequately sized or constructed, the
system shall be brought into compliance with current regulations.
Evidence of approval by the Department of Public Health and
Environment shall be provided to the Department of Planning
Services.
3) Alternately to item #2 above, the applicant shall install an
individual sewage disposal system for the proposed visitor and
kennel sanitation needs and it shall be installed according to the
Weld County Individual Sewage Disposal System (I.S.D.S.)
Regulations. The septic system is required to be designed by a
Colorado registered professional engineer according to the Weld
County I.S.D.S. Regulations. Evidence of approval by the
Department of Public Health and Environment shall be provided to
the Department of Planning Services.
The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
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2. Upon completion of Condition of Approval #1 above, the applicant shall submit a
Mylar plat, along with all other documentation required as Conditions of Approval.
The Mylar plat shall be recorded in the office of the Weld County Clerk and
Recorder by the Department of Planning Services. The plat shall be prepared in
accordance with the requirements of Section 23-2-260.D of the Weld County
Code. The Mylar plat and additional requirements shall be submitted within sixty
(60) days from the date of the Board of County Commissioners Resolution. The
applicant shall be responsible for paying the recording fee.
3. The Department of Planning Services respectfully requests a digital copy of this
Use by Special Review, as appropriate. Acceptable CAD formats are .dwg, .dxf,
and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo
Coverages and Arclnfo Export files format type is .e00. The preferred format for
Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent
to maps@co.weld.co.us.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 27th day of May, A.D., 2009.
,,BOARD OF COUNTY COMMISSIONERS
WELD COLORADO
ATTEST:
Iliam F. Garcia, Chair
Weld County Clerk to the B
.-
demachef, Pro-Tem
BY:
Deputy
APPROVED AS TO FORM:
/1O-Count's/Attorney
Date of signature: /7/& 7
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
TIMOTHY GONZALES
USR-1689
1. The Site Specific Development Plan and Use by Special Review Permit #1689 is for a
Kennel (24 dogs used to selectively breed and train registered sporting dogs) in the
A (Agricultural) Zone District, and subject to the Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. Hours of public operation are by appointment only and during the normal business hours
of 8:00 a.m. to 6:00 p.m., Monday through Sunday.
4. The facility shall be limited to no employees.
5. Dogs shall be kept indoors during night-time hours (7:00 p.m. to 7:00 a.m.).
6. Animal and feed wastes, bedding, debris and other organic wastes shall be disposed of
so that vermin infestation, odors, disease hazards, and nuisances are minimized. Such
wastes shall be removed at least weekly from the facility and disposed of by a
commercial hauler.
7. All liquid and solid wastes, as defined in the Solid Wastes Disposal Sites and Facilities
Act, Section 30-20-100.5, C.R.S., shall be stored and removed for final disposal in a
manner that protects against surface and groundwater contamination.
8. No permanent disposal of wastes shall be permitted at this site. This is not meant to
include those wastes specifically excluded from the definition of a solid waste in the
Solid Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S.
9. Waste materials shall be handled, stored, and disposed of in a manner which controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions.
10. The applicant shall operate in accordance with the approved Waste Handling Plan, at all
times.
11. The applicant shall comply with the Colorado Department of Agriculture (CDA), Division
of Animal Industry, if applicable.
12. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The
facility shall be operated in accordance with the approved Dust Abatement Plan, at all
times.
13. This facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone District, as delineated in Section 14-9-30 of the Weld County Code.
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14. Adequate hand washing and toilet facilities shall be provided for visitors of the facility.
15. Sewage disposal for the facility shall be by septic system. Any septic system located on
the property must comply with all provisions of the Weld County Code, pertaining to
Individual Sewage Disposal Systems.
16. The facility shall utilize the existing private water supply (Well Permit No. 67843-F).
17. If applicable, the applicant shall obtain a Stormwater Discharge Permit, from the
Colorado Department of Public Health and Environment, Water Quality Control Division,
for development, redevelopment, or construction, where a contiguous or non-contiguous
land disturbance is greater than, or equal to, one acre in area.
19. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
20. The historical flow patterns and runoff amounts will be maintained on the site in such a
manner that it will reasonably preserve the natural character of the area and prevent
property damage of the type generally attributed to runoff rate and velocity increases,
diversions, concentration, and/or unplanned ponding of storm runoff.
21. The applicant must take into consideration stormwater capture/quantity and provide
accordingly for Best Management Practices.
22. Pursuant to Chapter 15, Articles I and II, of the Weld County Code, if noxious weeds
exist on the property, or become established as a result of the proposed development,
the applicant/landowner shall be responsible for controlling the noxious weeds.
23. The existing access to the parcel shall remain the primary point of ingress and egress.
24. There will be no parking or staging of vehicles associated with this facility on the County
Roads.
25. Effective January 1, 2003, building permits issued on the proposed lots will be required
to adhere to the fee structure of the County -Wide Road Impact Fee Program.
26. Effective August 1, 2005, building permits issued on the subject site will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee Programs.
27. The landscaping on the site shall be maintained in accordance with the approved
Landscape Plan.
28. The property owner acknowledges that mineral owners and lessees have real property
interests that entitle them to surface use in accordance with Colorado State Statutes and
applicable Colorado Oil and Gas Conservation Commission regulations.
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29. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
30. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
31. Weld County Government personnel shall be granted access onto the property at any
reasonable time in order to ensure the activities carried out on the property comply with
the Development Standards stated herein and all applicable Weld County regulations.
32. The Use by Special Review area shall be limited to the plans shown hereon and
governed by the foregoing standards and all applicable Weld County regulations.
Substantial changes from the plans or Development Standards, as shown or stated,
shall require the approval of an amendment of the Permit by the Weld County Board of
County Commissioners before such changes from the plans or Development Standards
are permitted. Any other changes shall be filed in the office of the Department of
Planning Services.
33. The property owner or operator shall be responsible for complying with all of the
foregoing Development Standards. Noncompliance with any of the foregoing
Development Standards may be reason for revocation of the Permit by the Board of
County Commissioners.
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