HomeMy WebLinkAbout20070775.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1596 FOR A KENNEL (16 DOG MAXIMUM) IN THE A (AGRICULTURAL)
ZONE DISTRICT - SCOTT AND KRISTIE FISHER
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 11th day of
April, 2007, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the
application of Scott and Kristie Fisher, 32614 Weld County Road 23,Windsor, Colorado 80550,for
a Site Specific Development Plan and Use by Special Review Permit#1596 for a Kennel (16 dog
maximum) in the A(Agricultural)Zone District on the following described real estate, being more
particularly described as follows:
E1/2NE1/4 of Section 23, Township 6 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS,said applicant was present at said hearing, 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 23-2-230.6 of the Weld County Code as follows:
a. Section 23-2-230.6.1 --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 12.5 acres 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.H of the Weld County Code
provides for Kennels as a Use by Special Review in the A(Agricultural)Zone
District. A kennel is defined in Section 23-1-90 of the Weld County Code as
"any place other than a pet shop or veterinary clinic or hospital,where five(5)
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SPECIAL REVIEW PERMIT#1596 - SCOTT AND KRISTIE FISHER
PAGE 2
or more household pets of one (1) species, or a total of eight (8) or more
household pets of two(2)or more species,are kept or maintained. Property
that is zoned A (Agricultural) and not part of a platted subdivision or
unincorporated town, and which is larger than ten (10) acres shall be
permitted to keep or maintain the following without being considered a
kennel: eight (8) household pets of one (1) species, or sixteen (16)
household pets of two (2) or more species and, in addition, no more than
thirty (30) birds, as long as the landowner or occupant holds a current
Common Bird Breeder license issued by the Colorado Department of
Agriculture Animal Industry Division and is in good standing with such
Division."
c. Section 23-2-230.6.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. The surrounding properties are
zoned A (Agricultural). Residences exist on the adjacent property to the
north and south. Willow Springs Estates Subdivision lies just east of the
property.The Conditions of Approval and Development Standards will ensure
that the use will be compatible with the surrounding area.
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
not located within an Intergovernmental Agreement area. The property is
located within the three-mile referral area for the Town of Windsor and the
City of Greeley. The City of Greeley, in its referral dated January 3, 2007,
recommended approval of this application and expressed concerns that have
been addressed through the Conditions of Approval and Development
Standards. The Town of Windsor, in its referral dated January 18,2007,also
recommended approval of this application.
e. Section 23-2-230.6.5 -- The site does not lie within any Overlay Districts.
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.
f. Section 23-2-230.6.6 -- The United States Department of Agriculture
(U.S.D.A.) Soils Maps of Prime Farmlands of Weld County, dated 1979,
indicates that the soils on this property are Prime soils; however, the
application does not propose to remove any land from the possibility of being
productive. The applicant is proposing to locate the kennel within the area
of the property where existing improvements are located.
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g. Section 23-2-230.B.7--The Design Standards(Section 23-2-240), Operation
Standards (Section 23-2-250), 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.
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the application of Scott and Kristie Fisher for a Site Specific Development
Plan and Use by Special Review Permit #1596 for a Kennel (16 dog maximum) 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 sheets of the plat shall be labeled USR-1596.
B. The applicant shall obtain a building permit for a Change of Use, to ensure
the kennel is consistentwith building codes,as stated in the referral from the
Weld County Department of Building Inspection, received January 1,2007.
Evidence of approval shall be submitted to the Department of Planning
Services.
C. The applicant shall attempt to address the requirements and concerns of
The Windsor-Severance Fire Protection District, as stated in the referral
response dated January 2, 2007. Evidence of such shall be submitted, in
writing, to the Weld County Department of Planning Services.
D. The applicant shall attempt to address the requirements and concerns of
The New Cache La Poudre Irrigating Company, as stated in the referral
response dated December 15, 2006. Evidence of such shall be submitted,
in writing, to the Weld County Department of Planning Services.
E. The applicant shall submit a Dust Abatement Plan,for review and approval,
to the Weld County Department of Public Health and Environment. Written
evidence of approval of this plan shall be provided to the Department of
Planning Services.
F. 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,the applicant shall provide evidence that they are not subject to
the PACFA requirements. Evidence of compliance with this condition shall
be provided to the Department of Planning Services.
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G. 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 from the Department
of Public Health and Environment shall be provided to the Department of
Planning Services. The plan shall include at a minimum, the following:
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
(including the facility name, address, and phone number).
H. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) The plat shall be prepared in accordance with Section 23-2-260.D of
the Weld County Code.
3) The canal on the north boundary of the property is known as the
Greeley#2 Canal; the plat shall be corrected so that the canal is
accurately labeled.
4) All exterior light standards shall be delineated on the Site Plan Review
Plat and be in compliance with Section 23-2-250.B.6 of the Weld
County Code.
5) Any existing or proposed sign shall be delineated on the Site Plan
Review Plat and be in compliance with Chapter 23, Article IV,
Division 2, of the Weld County Code.
6) The approved Landscaping/Screening Plan.
7) The application materials do not identify the location of the dumpster
on the plat. The plat shall delineate the screened enclosure, as
outlined in Section 23-3-250.A.6 of the Weld County Code.
8) Weld County Road 23 is designated on the Weld County
Classification Plan as a collector road, which requires 80 feet of
right-of-way at full buildout. There is presently 60 feet of right-of-way
available. An additional 10 feet of right-of-way shall be delineated as
future Weld County Road 23 right-of-way on the plat. This road is
maintained by Weld County.
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9) All approved accesses shall be clearly shown on the plat.
10) Spaces reserved for the parking of vehicles,and any loading zones,
shall be delineated on the plat. This facility shall adhere to the
number of on-site parking spaces as indicated in Appendix 23-B of
the Weld County Code. The total number of on-site parking spaces
for the office/residence associated with this facility shall be four(4)
spaces. The applicant shall make a reasonable attempt to meet the
requirements of the American with Disabilities Act(ADA)and comply
with ADA standards for this facility. One (1) non-ambulatory/
ambulatory parking space associated with the kennel shall be
identified and shown on the plat. The parking space must be the
closest possible to the entrance. Should the applicant elect to not
adhere to the previously discussed Federal Standards,the applicant
shall outline how the proposed site design attempts to comply with
the requirements of the ADA.
11) In accordance with Sections 23-3-350.B, 23-3-350.C, 23-3-350.D,
and 23-4-30.C, all parking, loading areas, and street access drives
shall be surfaced with recycled asphalt, gravel, recycled concrete,
asphalt,concrete,or an equivalent material. The plat shall delineate
the location and type of surfacing material.
The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
J. The applicant shall enter into an Improvements Agreement According to
Policy Regarding Collateral for Improvements and post adequate collateral
for all transportation (access drive, parking areas, etcetera) and
non-transportation improvements (plant materials, fencing, screening,
etcetera). The agreement and form of collateral shall be reviewed by County
staff, and accepted by the Board of County Commissioners, prior to
recording the Site Plan Review plat.
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 one hundred and eighty
(180) 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
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SPECIAL REVIEW PERMIT#1596 - SCOTT AND KRISTIE FISHER
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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.
5. In accordance with Weld County Code Ordinance#2005-7,approved June 1, 2005,
should the plat not be recorded within the required one hundred and eighty (180)
days from the date of the Board of County Commissioners Resolution, a $50.00
recording continuance charge shall added for each additional three(3)month period.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 11th day of April, A.D., 2007.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ike# ! /T !'o ' CUSED
'd ,••r id E. Long, Chair
Ara�.1
Weld County Clerk to the B!: .:
�t ' , j�"' liam . Jerke, Pro-Tem
BY: �!^t i�d��til 'lam_.; n:'
De.1ty •Cle to the Board ••
C __/'
Wil m F. Garcia
A O D AS T EXCUSED
Robert D. Masden
Attorneys�y.Ct
Dough% Rademache
Date of signature: 12'/D7
2007-0775
PL1882
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
SCOTT AND KRISTIE FISHER
USR#1596
1. The Site Specific Development Plan and Use by Special Review Permit #1596 is for a
Kennel (16 dogs of a non-specific breed) in the A(Agricultural)Zone District, as indicated
in the application materials on file 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 landscaping and screening on the site shall be maintained in accordance with the
approved Landscape/Screening Plan.
4. The facility shall be operated by the property owners as outlined in the application materials.
There shall be no employees.
5. Hours of operation shall be limited from 8:00 a.m.to 8:00 p.m., as outlined in the application
materials.
6. This application shall be in compliance with Sections 23-3-250 A and B of the Weld County
Code.
7. 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.
8. 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.
9. 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.
10. 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.
11. The applicant shall operate in accordance with the approved Waste Handling Plan.
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, as delineated in Section 25-12-103, C.R.S.
14. Adequate hand washing and toilet facilities shall be provided for patrons of the facility.
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DEVELOPMENT STANDARDS - SCOTT AND KRISTIE FISHER (USR#1596)
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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 public water supply from North Weld County Water
District.
17. 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.
18. 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.
19. The historical flow patterns and runoff amounts will be maintained on 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.
20. A plan review is required for each building for which a building permit is required. Plans shall
include a floor plan.Two complete sets of plans are required when applying for each permit.
21. Buildings shall conform to the requirements of the various codes adopted at the time of
permit application. Currently, the following have been adopted by Weld County: 2003
International Building Code,2003 International Mechanical Code,2003 International Plumbing
Code,2003 International Fuel Gas Code,2005 National Electrical Code,and Chapter 29 of
the Weld County Code.
22. Fire resistance of walls and openings,construction requirements, maximum building height
and allowable areas will be reviewed at the plan review. Setback and offset distances shall
be determined by Chapter 23 of the Weld County Code.
23. Building height shall be measured in accordance with the 2003 International Building Code
for the purpose of determining the maximum building size and height for various uses and
types of construction, and to determine compliance with the Bulk Requirements from
Chapter27 of the Weld County Code. Building height shall be measured in accordance with
Chapter 23 of the Weld County Code in order to determine compliance with offset and
setback requirements. Offset and setback requirements are measured to the farthest
projection from the building.
24. Prior to the release of new building permits a letter of approval by the Windsor-Severance
Fire Protection District shall be provided to the Department of Building Inspection.
25. The property owner shall allow any mineral owner the right of ingress or egress for the
purposes of exploration,development,completion, re-completion, re-entry, production,and
maintenance operations associated with existing or future operations located on these
lands.
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26. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
27. 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.
28. 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.
29. 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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