HomeMy WebLinkAbout20070403.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1587 FORA KENNEL(30 ADULT CATS) IN THE A(AGRICULTURAL)ZONE
DISTRICT -JOETTA MEYER, AKA JODY MEYER
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 7th day of
March,2007,at the hour of 10:00 a.m.in the Chambers of the Board for the purpose of hearing the
application of Joetta Meyer,aka Jody Meyer,408 North 67th Avenue,Greeley,Colorado 80634,for
a Site Specific Development Plan and Use by Special Review Permit#1587 for a Kennel(30 adult
cats) in the A (Agricultural) Zone District on the following described real estate, being more
particularly described as follows:
Lot 13, 2nd Filing of JB Acres; being part of Section
33, Township 6 North, Range 66 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.B of the Weld County Code as follows:
a. Section 23-2-230.B.1 --The proposed use is consistent with Chapter22 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 property,of
approximately 1.7 acres,is within a subdivision and has an existing home on
the site. Although the property is designated as "Prime Irrigated Land"
according to the United States Department of Agriculture (U.S.D.A.) Soil
Maps of Prime Farmlands of Weld County Map, dated in 1979, due to the
parcel's small size and the residential character of the neighborhood,it is no
longer viable for farming. Section 22-2-60(A.Goal.4)states,"Conversion of
agricultural land to nonurban residential,commercial,and industrial uses will
be accommodated when the subject site is in an area that can support such
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SPECIAL REVIEW PERMIT#1587 -JOETTA MEYER, AKA JODY MEYER
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development. Such development shall attempt to be compatible with the
region. This goal is intended to address conversion of agricultural land to
nonurban uses. Once converted,this land is less conducive to agricultural
production." The property is served by the North Weld County Water District
and an Individual Sewage Disposal System. The proposed use will have little
impact on the surrounding properties as the Conditions of Approval and
Development Standards will mitigate most impacts; however, a minimal
increase in traffic is expected.
b. Section 23-2-230.B.2--The proposed use is consistent with the intent of the
A(Agricultural)Zone District. The Weld County Code provides for a Kennel
as a Use by Special Review in the A(Agricultural) Zone District. The use
falls under the definition of a Kennel as per Sec.23-1-90 of the Weld County
Code (any place other than a pet shop or a veterinary clinic or hospital,
where five (5) or more household pets of one (1) species ... are kept or
maintained).
c. Section 23-2-230.B.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. The surrounding area is a
subdivision with agricultural zoning. There are other single-family homes in
the vicinity which are part of the JB Acres Subdivision and also agriculturally
zoned. No objection letters have been received from the surrounding
property owners. The Conditions of Approval and Development Standards
will ensure that impacts on the existing and future residences will be
minimal, and that the use is compatible with the adjacent properties.
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 City of
Greeley lies within the three-mile referral area and did not indicate opposition
to the proposal. The concerns expressed by the City of Greeley, in the
referral dated November 11, 2006, have been addressed through the
Conditions of Approval and Development Standards.
e. Section 23-2-230.6.5--The application complies with Chapter 23,Article V,
of the Weld County Code. 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.B.6--The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The U.S.D.A.Soils Maps of Prime Farmlands of Weld County identifies
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the soils on this property as"Prime Irrigated Land." The property is 1.7 acres
in size and has existing improvements on the site; consequently, it is not
viable for farming, as per Section 22-2-60.1 of the Weld County Code.
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 Joetta Meyer, aka Jody Meyer for a Site Specific
Development Plan and Use by Special Review Permit#1587 for a Kennel (30 adult cats) 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. The applicant shall address the requirements of the Department of Public
Works,as stated in the referral dated November 14,2006. Evidence of the
Department of Public Works approval shall be submitted to the Department
of Planning Services.
B. The applicant shall submit a Private Improvements Agreement According to
Policy Regarding Collateral for Improvements and post adequate collateral
for all transportation(access drive,parking areas,etcetera)improvements.
The applicant shall submit an itemized bid to the Department of Planning
Services for review. The agreement and form of collateral shall be reviewed
by County staff and accepted by the Board of County Commissioners, prior
to recording the Use by Special Review plat; or the applicant may submit
evidence that all the work has been completed and approved by the
Departments of Planning Services and Public Works.
C. The applicant shall attempt to address the requirements and concerns of the
City of Greeley,as stated in the referral response dated November 2,2006.
Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
D. The applicant shall address the requirements and concerns of the Weld
County Department of Building Inspection,as stated in the referral response
dated November 13,2006. Evidence of such shall be submitted, in writing,
to the Weld County Department of Planning Services.
E. The septic system serving the residence 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. The review shall be submitted to the
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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 Weld
County Department of Public Health and Environment shall be submitted to
the Department of Planning Services.
F. The applicant shall provide written evidence to the Weld County Department
of Public Health and Environment that she 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. Alternatively,the applicant may provide evidence that they are not
subject to the PACFA requirements. Evidence of approval by the Weld
County Department of Public Health and Environment shall be submitted to
the Department of Planning Services.
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 by the Weld County
Department of Public Health and Environment shall be submitted 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) All sheets of the plat shall be labeled USR-1587.
2) The attached Development Standards.
3) The approved Signage Plan.
4) The approved Lighting Plan.
5) The application materials do not identify the location of the trash
collection area on the plat. The plat shall delineate the screened
enclosure, as outlined in Section 23-3-250.A.6 of the Weld County
Code.
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6) Spaces reserved for the parking of vehicles shall be delineated on the
plat. This facility shall adhere to the number of on-site parking
spaces indicated in Appendix 23-B,of the Weld County Code. The
total number of on-site parking for this facility shall be four (4)
spaces. In accordance with Section 23-4-30.C of the Weld County
Code, all parking and street access drives shall be surfaced with
gravel,asphalt,concrete,or the equivalent. Each parking space shall
be equipped with wheel guards or curb stops, when necessary, to
prevent vehicles from extending beyond the boundaries of the space
and from coming into contact with other vehicles, walls, fences, or
plantings. The location of all curb stops in the parking areas shall be
delineated on the plat, per Section 23-4-30.D of the Weld County
Code .
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 thirty(30)days from the
date of the Board of County Commissioners Resolution. The applicant shall be
responsible for paying the recording fee.
3. In accordance with Weld County Code Ordinance#2005-7 approved June 1, 2005,
should the plat not be recorded within the required thirty(30)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.
4. 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.
5. The Use by Special Review activity shall not occur,nor shall any building or electrical
permits be issued on the property, until the 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#1587 - JOETTA MEYER, AKA JODY MEYER
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The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 7th day of March, A.D., 2007.
BOARD OF COUNTY COMMISSIONERS
WEL%COUNTY, COLO 'DO
jI a %W
ATTEST: M/111.) :' . 1. /� _ _ C. s
� -^�d E. Lon Chair
Weld County Clerk to the Bo-�6 v ',
v
BY: X211, 40 ' �-
'� =m H. Jerk ro-Tem
40 Dept Clerk the Board ,.tz, 1
ill bap__
APPROVED AS TO FORM:
/lRobert D. Ma'sden
Cqprity Att rney ail d l 9. . ��
U buglas demac
Date of signature: 3 i U I0 7
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JOETTA MEYER, AKA JODY MEYER
USR#1587
1. The Site Specific Development Plan and Use by Special Review Permit #1587 is for a
Kennel (30 adult cats)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. As stated in the application materials, hours of operation shall be limited from 9:00 a.m. to
12:00 p.m., and from 4:00 p.m. to 6:00 p.m., Monday through Friday; from 9:00 a.m. to
12:00 p.m. on Saturday; and from 5:00 p.m. to 6:00 p.m., or by appointment, on Sunday.
4. As stated in the application materials,employees will be limited one(1)full-time employee
who resides in the home on the site, and one part-time employee.
5. As stated in the application materials,the number of cats on site will be limited to thirty(30).
Cats over the age of six(6)months are counted in the maximum number of adult cats in
accordance with Section 23-1-90 of the Weld County Code.
6. As stated in the application materials, all cats will be kept indoors at all times.
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.
13. This facility shall adhere to the maximum permissible noise levels allowed in the Residential
Zone District as delineated in Section 25-12-103, C.R.S.
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14. Adequate hand washing and toilet facilities shall be provided for employees and patrons of
the facility. Employees and patrons shall be allowed to use the restroom facilities in the
residence.
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(North Weld County Water District).
17. The applicant shall comply with the requirements of the Colorado Department of Agriculture
(CDA), Division of Animal Industry.
18. The off-street parking spaces, including the access drive, shall be surfaced with gravel,
asphalt, concrete, or the equivalent, and shall be graded to prevent drainage problems.
19. 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.
20. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
21. 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.
22. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240.
23. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250.
24. 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.
25. 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.
26. 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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