HomeMy WebLinkAbout20080933.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1644 FOR A KENNEL (TO ACCOMMODATE 120 DOGS), AND ONE (1)
SINGLE-FAMILY DWELLING UNIT PER LOT OTHER THAN THOSE PERMITTED
UNDER SECTION 23-2-30.A OF THE WELD COUNTY CODE, IN THE
A(AGRICULTURAL) ZONE DISTRICT- JACK AND VICKI PIERSON
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 16th day of
April, 2008, at the hour of 10:00 a.m. in the Chambers of the Board, for the purpose of hearing the
application of Jack and Vicki Pierson, 15544 County Road 40, Platteville, Colorado 80651, for a
Site Specific Development Plan and Use by Special Review Permit #1644 for a Kennel (to
accommodate 120 dogs), and one(1)single-family dwelling unit per lot other than those permitted
under Section 23-2-30.A of the Weld County Code, in the A (Agricultural) Zone District on the
following described real estate, being more particularly described as follows:
Lot C of Recorded Exemption #3345; being part of
the NE1/4 of Section 34, Township 4 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing on April 16, 2008, at the request of the applicant, the Board
deemed it advisable to continue the matter to May 28, 2008, at 10:00 a.m., and
WHEREAS, at said hearing on May 28, 2008, said 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 22-2-60
(A.Goal 1)states,"Conserve agricultural land for agricultural purposes which
foster the economic health and continuance of agriculture." The area
consists of approximately five acres (once the administratively approved
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SPECIAL REVIEW PERMIT #1644 - JACK AND VICKI PIERSON
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Recorded Exemption is recorded) and already has existing buildings and
improvements making it impractical to farm the site.
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 as a Use by Special Review in the A (Agricultural)
Zone District.
c. Section 23-2-230.B.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. The proposed kennel facility will be
approximately one-eighth of a mile from the nearest residences to the
northeast,east,and west,the surrounding property is zoned A(Agricultural),
and the site is well screened from County Road 40.
d. Section 23-2-230.B.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 Town of Gilcrest,which did
not respond to the referral request.
e. Section 23-2-230.B.5 -- The site is not located within the floodplain, as
defined by the FIRM map. 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.B.6 --The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The site is designated as "irrigated, non-prime" according to the
U.S.D.A. Soil Conservation Map, dated 1979.
g. Section 23-2-230.B.7 -- The Design Standards (Section 23-2-240, Weld
County Code),Operation Standards(Section 23-2-250,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.
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SPECIAL REVIEW PERMIT #1644 - JACK AND VICKI PIERSON
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Jack and Vicki Pierson for a Site Specific Development
Plan and Use by Special Review Permit#1644 for a Kennel(to accommodate 120 dogs), and one
(1) single-family dwelling unit per lot other than those permitted under Section 23-2-30.A of the
Weld County Code, 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-1644.
B. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) The applicant shall specifically indicate the type of right-of-way/
easement which exists on the property.
3) The type and size of the trees located on the site. Trees shall be a
minimum of 2.5-inch caliper in size, if deciduous, and/or six feet in
height, if evergreen species.
4) The dimensions of parking spaces. Parking shall meet the design
requirements for off-street parking, as outlined in Appendix 23-A of
the Weld County Code.
5) All access points shall be identified as Residential or Agricultural.
C. The applicant shall submit a Dust Abatement Plan, for review and approval,
to the Environmental Health Services Division of the Weld County
Department of Public Health and Environment. Evidence of approval shall
be provided to the Department of Planning Services.
D. 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 Sections 35-80-101 through 117, C.R.S., is
required, or evidence shall be provided that the applicant is not subject to
the PACFA requirements.
E. The applicant shall submit a Waste Handling Plan, for approval, to the
Environmental Health Services Division of the Weld County Department of
Public Health and Environment. Evidence of approval shall be provided to
the Department of Planning Services. The plan shall include, at a minimum,
the following:
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1) A list of wastes which are expected to be generated on the site (this
should include expected volumes and types of waste generated).
2) A list of the type and volume of chemicals expected to be stored on
the site.
3) The waste handler and facility where the waste will be disposed of
(including the facility name, address, and phone number).
F. In the event the applicant intends to utilize the existing septic system at one
of the homes for employee, visitor, and/or kennel sanitation needs, the
applicant shall specify which residence shall be made available for use.
Additionally, that 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 occupants of the residence, and employees and
visitors to the site. 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.
-
- OR —
Alternately,the applicant shall install an Individual Sewage Disposal System
(I.S.D.S.) for the proposed employee, visitor, and/or kennel sanitation
needs, and shall be installed according to the Weld County 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.
G. The applicant shall address the requirements of the Weld County
Department of Public Health and Environment, as stated in the referral
response dated January 9, 2009. Written evidence of such shall be
provided to the Department of Planning Services.
H. The applicant shall address the requirements of the Weld County
Department of Public Works, as stated in the referral response dated
January 2, 2008. Written evidence of such shall be provided to the
Department of Planning Services.
The applicant shall address the requirements of the Weld County
Department of Building Inspection, as stated in the referral response dated
December 21, 2007. Written evidence of such shall be provided to the
Department of Planning Services.
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J. The applicant shall address the requirements of the Weld County
Department of Planning Services, as stated in the Landscape referral
response dated November 27, 2007.
K. The applicant shall submit two (2) paper copies of the plat, for preliminary
approval, to the Weld County Department of Planning Services.
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 the surveyor provide a
digital copy of this Use by Special Review. 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.
4. The Use by Special Review activity shall not occur, nor shall any building or
electrical permits be issued on the property, until the Use by Special Review plat is
ready to be recorded in the office of the Weld County Clerk and Recorder.
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SPECIAL REVIEW PERMIT #1644 - JACK AND VICKI PIERSON
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The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 28th day of May, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
j ^yin i WELD COUNTY, COLORADO
4
ATTEST: Eiji
■■■ ���
'a. `� 2( �a ,William H. J rke, Chair
r\
Weld County Clerk to th '•• '''`
E-ffs� � Robert D. Masden, Pro-Tem
BY:
Deputy Cler to the Boar
William F. Garcia
A D •
AEXCUSED
David E. Long
County Attorney EXCUSED
Douglas Rademacher
Date of signature: 6'//e/a
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JACK AND VICKI PIERSON
USR #1644
1. The Site Specific Development Plan and Use by Special Review Permit #1644 is for a
Kennel (to accommodate 120 dogs), and one (1) single-family dwelling unit per lot other
than those permitted under Section 23-2-30.A of the Weld County Code, 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. The facility shall be limited to three(3)full-time employees, not including the family residing
on the property.
4. Visitors to the kennel shall only be allowed from 9:00 a.m., until 7:00 p.m., all days of the
week.
5. Dogs that are part of the kennel shall not exceed thirty-five (35) pounds.
6. Upon the sale of the property, the kennel shall cease to exist.
7. Upon the sale of the property, and/or the kennel ceases to exist, the mobile home shall be
removed from the site.
8. The applicant shall maintain a current record of all dogs that are a part of the kennel which
are debarked. At a minimum, seventy-five(75)percent of all dogs must be debarked at all
times.
9. The mobile home located on the site shall not be used as a rental.
10. 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.
11. 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.
12. 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.
13. Waste materials shall be handled, stored,and disposed of in a manner that controls fugitive
dust,fugitive particulate emissions, blowing debris,and other potential nuisance conditions.
14. The applicant shall operate in accordance with the approved Waste Handling Plan.
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DEVELOPMENT STANDARDS - JACK AND VICKI PIERSON (USR#1644)
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15. The applicant shall comply with the Colorado Department of Agriculture (CDA), Division of
Animal Industry, if applicable.
16. 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.
17. This facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone District, as delineated in Section 25-12-103, C.R.S.
18. Adequate hand washing and toilet facilities shall be provided for employees and patrons of
the facility.
19. 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 (I.S.D.S.) Regulations.
20. The facility shall utilize the existing public water supply (Central Weld County Water
District).
21. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
22. If complaints arise, dust abatement shall be applied for a distance of 150 feet in front of the
residences.
23. The applicant must take into consideration stormwater capture/quantity and provide
accordingly for Best Management Practices.
24. 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.
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 and Screening Plan.
28. The property owner shall allow any mineral owner the right of ingress or egress for the
purposes of exploration,development,completion, recompletion, re-entry, production, and
maintenance operations associated with existing or future operations located on these
lands.
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29. 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.
30. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
31. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
32. 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.
33. 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.
34. 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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