HomeMy WebLinkAbout20060288.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1536 FOR A KENNEL (100 DOGS - DACHSHUNDS) IN THE
A (AGRICULTURAL) ZONE DISTRICT - DONALD AND CHERYL HACKETT
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 15th day of
February, 2006,at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing
the application of Donald and Cheryl Hackett, 15267 Weld County Road 18, Fort Lupton,
Colorado 80621, for a Site Specific Development Plan and Use by Special Review Permit#1536
fora Kennel(100 dogs-Dachshunds)in the A(Agricultural)Zone District on the following described
real estate, being more particularly described as follows:
LotAof Recorded Exemption#1871;being part of the
W1/2 SW 1/4/4 of Section 22,Township 2 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 testimonyand statements
of those present,studied the request of the applicant and the recommendations 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 23-2-230.6.1 --The proposed use is consistent with Chapter 22 and
any other applicable code provisions or ordinance in effect.
1) Section 22-2-60.D(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 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 site
consists of approximately five(5)acres and has an existing kennel
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SPECIAL REVIEW PERMIT#1536 - DONALD AND CHERYL HACKETT
PAGE 2
comprised of existing buildings and improvements, making it
impractical to farm the site.
b. Section 23-2-230.6.2--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.
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 consists of
kennels to the west and east of the site, residential uses (Aristocrat
Ranchettes)south of the site, and agricultural uses to the north. One letter
has been received from a surrounding property owner expressing support for
the application. The Conditions of Approval and Development Standards will
ensure that the use will be compatible with the neighborhood and
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 site is located
within the three-mile referral area for the City of Fort Lupton; however, no
referral response has been received.
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
Program.
f. Section 23-2-230.B.6--The site consists of approximately five(5)acres,has
existing kennel facilities, and is not compatible for farming. The U.S.D.A.
Soils Maps of Prime Farmlands of Weld County indicate the soils on this
property as "Irrigated, Not Prime".
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.
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SPECIAL REVIEW PERMIT#1536 - DONALD AND CHERYL HACKETT
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NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the application of Donald and Cheryl Hackett fora Site Specific Development
Plan and Use by Special Review Permit #1536 for a Kennel (100 dogs - Dachshunds) 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 either apply for a Zoning Permit for a Mobile Home
(ZPMH)for the mobile home in the rear of the property,or provide evidence
that the mobile home has been removed from the property.
B. All vehicles located on the property must be operational with current license
plates,or be screened from all adjacent properties and public rights-of-way,
or be removed from the property. All other items considered to be part of a
noncommercial junkyard must also be removed from the property or
screened from adjacent properties and public rights-of-way. Evidence shall
be submitted to the Department of Planning Services.
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 submitted to the Department of Planning Services.
D. The applicant shall contact the Colorado Department of Agriculture(CDA),
Division of Animal Industry,and 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 provide evidence that the applicant is not subject
to the PACFA requirements. Evidence of approval shall be submitted to the
Department of Planning Services.
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 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).
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SPECIAL REVIEW PERMIT#1536 - DONALD AND CHERYL HACKETT
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F. The application materials do not address property maintenance. The
applicant shall submit written evidence to the Department of Planning
Services indicating how the property will be in compliance with
Section 23-2-250.F of the Weld County Code.
G. The Platte Valley Soil Conservation District has provided information
regarding the soils on the site. The applicant shall review the information and
use it to positively manage on-site soils.
H. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR-1536.
2) The attached Development Standards.
3) The plat shall be prepared in accordance with Section 23-2-260.D of
the Weld County Code. An exception to this requirement is the scale
of the proposal. The drawing shall be drawn to a scale of one inch
equals twenty feet (1" = 20').
4) All exterior light standards shall be delineated on the Site Plan Review
plat and be in compliance with Section 23-2-250.6.6 of the Weld
County Code.
5) 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.
6) Weld County Road 18 is designated on the Weld County
Classification Plan as a collector status road,which requires 80 feet
of right-of-way at full buildout. 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.
7) The applicant shall utilize the existing access to the site. All
approved accesses shall be clearly shown on the plat.
8) The off-street parking, including the access drive, shall be surfaced
with gravel,or the equivalent,and shall be graded to prevent drainage
problems.
9) The approved Landscape and Screening Plan shall be delineated on
the plat.
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SPECIAL REVIEW PERMIT#1536 - DONALD AND CHERYL HACKETT
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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 complete all proposed improvements, including those
regarding landscaping, screening, access improvements, and parking lot
requirements,or enter into an Improvements Agreement According to Policy
Regarding Collateral for Improvements and post adequate collateral for all
required materials. The agreement and form of collateral shall be reviewed
by County Staff and accepted by the Board of County Commissioners prior
to recording the 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 thirty(30)days from the
date the Board of County Commissioners Resolution is signed. 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 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 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#1536 - DONALD AND CHERYL HACKETT
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The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 15th day of February, A.D., 2006.
IAA% BOARD OF COUNTY COMMISSIONERS
WELD CO�'' Y, COLORADO
ATTEST: nyul � 1� ' ": �; t<r, ���� � .�
q' 'i J Geile, Chair
Weld County Clerk to the 'T
XCUSED
i if
BY. ` 1aJ' k 1 Y"eu •a"`�i9� David E. Long, %Pro-Tem
D uty CI to the Boa a 1 A�/L‘
Tit Jerke
AP O l� k�
-----7-7Robert ?. Masden j
rt
unly Attorney d' rz,af i, __
Glenn Vaad -_,.____._
Date of signature: 3 i '0(a
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DONALD AND CHERYL HACKETT
USR#1536
1. The Site Specific Development Plan and Use by Special Review Permit #1536 is for a
Kennel (100 dogs - Dachshunds) 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 on the site shall be maintained in accordance with the approved Landscape
and Screening Plan.
4. The kennel shall be limited to no more than three (3)family members, as outlined in the
application materials.
5. This application shall be in compliance with Section 23-3-250.A and .B of the Weld County
Code.
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 that 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.
11. The operation shall comply with all applicable rules and regulations of the Colorado
Department of Agriculture (CDA), Division of Animal Industry.
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 25-12-103, C.R.S.
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DEVELOPMENT STANDARDS - DONALD AND CHERYL HACKETT (USR#1536)
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14. Adequate toilet and hand washing facilities shall be provided for visitors to the facility. The
visitors shall be allowed to use the toilet facilities located in the residence.
15. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
16. A permanent,adequate water supply shall be provided for drinking and sanitary purposes.
17. The operation shall comply with all applicable rules and regulations of the state and federal
agencies and the Weld County Code.
18. 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 Program.
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 historical flow patterns and run-off 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 run-off rate and velocity increases, diversions,
concentration, and/or unplanned ponding of storm run-off. The applicant must take into
consideration stormwater capture/quantity and provide accordingly for Best Management
Practices.
21. The off-street parking, including the access drive, shall be surfaced with gravel, or the
equivalent, and shall be graded to prevent drainage problems.
22. 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.
23. A building permit shall be obtained prior to the construction of any new building or addition
to the existing building.
24. A plan review is required for each building forwhich a building permit is required. Plans shall
include a floor plan, and may be required to bear the wet stamp of a Colorado registered
architect or engineer. Two complete sets of plans are required when applying for each
permit.
25. 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,and the 2002 National Electrical Code,
and Chapter 29 of the Weld County Code.
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DEVELOPMENT STANDARDS - DONALD AND CHERYL HACKETT (USR #1536)
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26. 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.
27. 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
Chapter 23 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.
28. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
29. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
30. 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.
31. 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.
32. 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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