HomeMy WebLinkAbout20022742.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1400 FOR A DOG KENNEL (NOT TO EXCEED 150 DOGS) IN THE A
(AGRICULTURAL) ZONE DISTRICT - CORDELL AND CRYSTAL DYE
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 6th day of
November, 2002, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Cordell and Crystal Dye, 20400 Weld County Road 55, Kersey,
Colorado 80644, for a Site Specific Development Plan and Use by Special Review Permit
#1400 for a Dog Kennel (not to exceed 150 dogs) in the A (Agricultural) Zone District on the
following described real estate, to-wit:
Lot A of Recorded Exemption #1209; being part of
the SW1/4 of Section 22, Township 4 North, Range
64 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 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.B.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect. The site
is 21 acres in size and is designated as "Not Prime" on the Weld County
Farmlands of National Importance Map, dated 1979. There is an existing
Special Use Permit on the property (SUP #344) for a 500-head dairy.
The site also serves as the single family residence for the applicants.
The site is consistent with the A (agricultural) Zone District in which it is
located.
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SPECIAL REVIEW PERMIT #1400 - CORDELL AND CRYSTAL DYE
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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 violation (VI-0200223) was cited on the
property for exceeding the number of dogs allowed as a Use by Right.
c. Section 23-2-230.B.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The 21-acre site
contains approximately 400 dairy cows and 80 dogs. The site is
surrounded by farmland on all sides and has rural agricultural uses.
There are three houses located near the Dye's property. The house to
the south is approximately 800 feet away. The houses to the north are
over 1,000 feet away from the applicant's northern property line. There
are no residences affected by impacts of this site to the west or east.
The location of the site, existing land uses, as well as the Development
Standards and Conditions of Approval will ensure compatibility with the
surrounding properties.
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 property under review is not located within a
three-mile referral area of any municipality.
e. Section 23-2-230.B.5 -- The site does not lie within any Overlay Districts.
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 property is identified as "not prime" and is not used
for crop production. The 21-acre site is used for agricultural purposes in
respect to the dairy operation on site and no prime farmland is disturbed
with this proposal.
g. Section 23-2-230.6.7 -- 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#1400 - CORDELL AND CRYSTAL DYE
PAGE 3
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Cordell and Crystal Dye for a Site Specific
Development Plan and Use by Special Review Permit#1400 for a Dog Kennel (not to exceed
150 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. The plat shall be labeled Use by Special Review#1400.
B. The plat shall delineate the following:
1) The attached Development Standards.
2) The boundary of the existing Special Use Permit #344 shall be
amended and the remaining area shall delineate the boundary of
the new Use by Special Review permit, USR#1400.
C. The Colorado Department of Agriculture, Division of Animal Industry,
inspection report identified some needed repair and replacement for
run #11, as stated in the referral received August 22, 2002. Written
evidence of the repairs shall be submitted to the Department of Planning
Services.
D. Building permits have been submitted for the change of use for the two
wood frame structures used as the kennels. All necessary plans and
documents shall be submitted to the Department of Building Inspection
regarding those buildings to finalize the building permit process.
E. The Weld County Sheriff's Office is willing to discuss crime prevention
methods with the applicant. Written evidence shall be submitted to the
Department of Planning Services that the applicant has reviewed the
referral response from the Sheriff's Office and shall attempt to discuss
these matters with a representative of the agency.
F. The applicant shall address the requirements of the Department of
Planning Services as stated in the referral response, dated August 10,
2002. The plat shall reflect issues regarding fencing, lighting, and
outdoor storage.
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. 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 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 site.
3) The waste handler and facility where the waste will be disposed
(including the facility name, address, and phone number).
H. The existing access to the proposed Use by Special Review crosses over
a small (private) irrigation ditch to the facility. The applicant shall trim
trees and shrubs at this access point to create an adequate sight
distance in both directions.
The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
J. Special Use Permit, SUP #344, shall be amended 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 of the Board of County Commissioners Resolution. The
applicant shall be responsible for paying the $11.00 recording fee.
3. The Department of Planning Services respectively 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(a)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 #1400 - CORDELL AND CRYSTAL DYE
PAGE 5
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 6th day of November, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, DO
�I�
ATTEST:
GI Vaad, Chair
Weld County Clerk tot
yC % (�� �` 4 David E. L ng, Pro- e
BY: _/a Cn i�
Deputy Clerk to the Boa
. J. eile
APPR ED AS TO FORM' EXCUSED DATE OF SIGNING (AYE)
William H. Jerke
ty ttorney EXCUSED
Robert D. Masden
Date of signature: !/z
2002-2742
PL1633
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
CORDELL AND CRYSTAL DYE
USR#1400
1. The Site Specific Development Plan and Use by Special Review Permit#1400 is for a Dog
Kennel (not to exceed 150 dogs) 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. 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.
4. 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.
5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
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 by a commercial
hauler.
7. Fugitive dust shall be controlled on this site.
8. The 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.
9. Adequate hand washing and toilet facilities shall be provided for the public.
10. The facility shall utilize the existing public water supply (Central Weld County Water
District).
11. The applicant shall operate in accordance with the approved Waste Handling Plan.
12. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
13. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
14. 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.
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DEVELOPMENT STANDARDS - CORDELL AND CRYSTAL DYE (USR #1400)
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15. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
16. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
17. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
18. Personnel from the Weld County Departments of Public Health and Environment, Planning
Services, and Public Works 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.
19. 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.
20. 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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