HomeMy WebLinkAbout20053039.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1516 FOR A KENNEL (200 DOGS) IN THE A (AGRICULTURAL) ZONE
DISTRICT- HERBERT AND KAREN LEGG
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 9th day of
November,2005,at the hour of 10:00 a.m.in the Chambers of the Board for the purpose of hearing
the application of Herbert and Karen Legg, 15377 Weld County Road 18, Fort Lupton, Colorado
80621,fora Site Specific Development Plan and Use by Special Review Permit#1516 fora Kennel
(200 dogs)in the A(Agricultural)Zone District on the following described real estate, being more
particularly described as follows:
Lot B of Recorded Exemption#3195;being part of the
E1/2E1/2SW1/4 of Section 22, Township 2 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, said applicants were 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 applicants 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 applicants have
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.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 area consists of approximately 34.9 acres,and already has
an existing kennel on the site comprised of existing buildings and
improvements, making it impractical to farm the site.
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SPECIAL REVIEW PERMIT#1516 - HERBERT AND KAREN LEGG
PAGE 2
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
allows 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 must be
compatible with the existing surrounding land uses. The surrounding area
consists of kennels to the west of the site, residential uses (Aristocrat
Ranchettes)are located to the south of the site,and agricultural uses to the
east and north. One letter has been received from a surrounding property
owner stating they are in favor of the application. The Conditions of Approval
and Development Standards ensure 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 site is located
within the three-mile referral area of the City of Ft. Lupton, from which no
referral 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 23-2-230.6.6--The site consists of approximately thirty-four point
nine(34.9)acres and already has existing kennel facilities on the site and is
not compatible for farming. The United States Department of Agriculture
(U.S.D.A.)Soils Maps of Prime Farmlands of Weld County indicate the soils
on this property as irrigated, not prime soils.
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.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the application of Herbert and Karen Legg fora Site Specific Development
Plan and Use by Special Review Permit#1516 for a Kennel(200 dogs)in the A(Agricultural)Zone
District on the parcel of land described above be, and hereby is, granted subject to the following
conditions:
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SPECIAL REVIEW PERMIT#1516 - HERBERT AND KAREN LEGG
PAGE 3
1. Prior to recording the plat:
A. The applicants shall provide written evidence to the Departments of Planning
Services and Public Health and Environment, that the applicants have
contacted the State of Colorado, Division of Racing. This contact shall
determine if a license is required. If required, the applicants shall provide
evidence the license has been applied for,or submit evidence that a license
is not required.
B. The applicants shall submit written evidence to the Weld County Department
of Planning Services, verifying that the occupants of the mobile home
permitted by Mobile Home Zoning Permits,ZPMH#733 and ZPMH#734,for
temporary accessory farm use,are principally employed at or engaged in the
farming operation on the subject property in accordance with
Section 24-4-170 of the Weld County Code. The evidence shall consist of
tax records,employment agreements,or other documentation as determined
suitable by the Weld County Department of Planning Services. Failure to
submit the required documentation may result in the cessation of the
allowance of the mobile home for temporary accessory farm use.
C. The applicants shall apply for a Mobile Home Zoning Permit for the third
mobile home/RV on the site or remove the home from the site.
D. The applicants shall submit a Dust Abatement Plan for review and approval
to the Department of Public Health and Environment. Evidence of approval
shall be submitted to the Department of Planning Services.
E. The Department of Public Health and Environment was unable to locate a
septic permit for the septic system serving the Dog Kennel. The 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 systems ability to handle the proposed hydraulic load. The
review shall be submitted to 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 shall be submitted to the Department of
Planning Services.
F. 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 systems ability to handle
the proposed hydraulic load,original use and addition of three helpers. The
review shall be submitted to the Weld County Department of Public Health
and Environment. In the even the system is found to be inadequately sized
or constructed, the system shall be brought into compliance with current
regulations. Evidence of approval shall be submitted to the Department of
Planning Services.
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G. A Stormwater Discharge Permit may be required for a development/
redevelopment/construction site where contiguous or non-contiguous land
disturbance is greater than, or equal to, one acre in area. The applicants
shall inquire with the Water Quality Control Division(WQCD)of the Colorado
Department of Public Health and Environment at
www.cdphe.state.co.us/wq/PermitsUnit if they are required to obtain a
Stormwater Discharge Permit,or the applicants can provide evidence from
WQCD that they are not subject to these requirements. Evidence of
approval from the Weld County Department of Public Health and
Environment shall be submitted to the Department of Planning Services.
H. The applicants shall submit a Waste Handling Plan,for approval,to 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,ata 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).
The application materials do not address property maintenance. The
applicants shall submit written evidence detailing how the propertywill be in
compliance with Section 23-2-250.F of the Weld County Code, to the
Department of Planning Services.
J. The plat shall be amended to delineate the following:
1) All sheets of the plats shall be labeled USR-1516.
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.
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SPECIAL REVIEW PERMIT#1516 - HERBERT AND KAREN LEGG
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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 an
80-foot right-of-way at full build out. There is presently 60 feet of
right-of-way. A total of 40 feet from the centerline of Weld County
Road 18 shall be delineated as future right-of-way on the plat. This
road is maintained by Weld County.
7) The applicants 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 Landscaping and Screening Plan shall be delineated
on the plat.
K. The applicants shall submit two(2)paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
L. The applicants 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 The Department of Planning Services, and accepted by the Board of
County Commissioners prior to recording the Use by Special Review plat.
2. Upon completion of Condition of Approval#1 above,the applicants 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 applicants 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.
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SPECIAL REVIEW PERMIT#1516 - HERBERT AND KAREN LEGG
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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.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 9th day of November, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
1 . / WELD COUNTY, COLORADO
ATTEST: IG(,, Lj ! S�., s c�1 _ �A h
/' ""x„"'^'77 t ``.
�,�_; �t liam Hke, Chair
Weld County Clerk to the = :/ 'sign 7
BY: dLl GrG1 eile m
De ty Clerlvto the Board c
D ' . Long
APP AST .•
Robert D. Masden
'7-----2
County ttorney EXCUSED
Glenn Vaad
Date of signature: IIH 05
2005-3039
PL1796
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
HERBERT AND KAREN LEGG
USR#1516
1. The Site Specific Development Plan and Use by Special Review Permit#1516, is
fora Kennel(200 greyhounds)in theA(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 Plan.
4. The site shall be limited to no more than three(3)employees/helpers as outlined in
the application materials.
5. This application shall be in compliance with Sections 23-3-250.A and 23-3-250. 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 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 in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential
nuisance conditions.
10. The applicants 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.
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DEVELOPMENT STANDARDS - HERBERT AND KAREN LEGG (USR #1516)
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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.
14. Adequate toilet and hand washing facilities shall be provided for employees. The
helpers 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 (I.S.D.S.).
16. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes (domestic and commercial well #017082).
17. If applicable, the applicants shall obtain a Stormwater Discharge Permit from the
Colorado Department of Public Health and Environment, Water Quality Control
Division.
18. The operation shall comply with all applicable rules and regulations of the state and
federal agencies and the Weld County Code.
19. 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.
20. All mobile homes permitted as accessory farm uses are temporary. Allowance of
the mobile homes shall be extended only if the use continues to be in conformance
with the criteria established in Section 23-4-170 of the Weld County Code. The
mobile homes shall be removed from the property if the mobile home cannot be
legally permitted for an approved use as listed in Chapter 23,Article IV, Division 3,
of the Weld County Code.
21. 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 applicants must take into consideration stormwater capture/quantity and provide
accordingly for best management practices.
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 orfuture operations
located on these lands.
23. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
24. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
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25. Personnel from the Weld County Government 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.
26. 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 orstatpd,
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.
27. 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.
2005-3039
PL1796
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