HomeMy WebLinkAbout20040861.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1456 FOR A KENNEL IN THE A (AGRICULTURAL) ZONE DISTRICT -
BARBARA SCHOTTELKOTTE
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
April, 2004, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the
application of Barbara Schottelkotte, P.O. Box 1129,Brighton,Colorado 80601,fora Site Specific
Development Plan and Use by Special Review Permit#1456 fora Kennel in the A(Agricultural)Zone
District on the following described real estate, to-wit:
Lot 7, Block 20, Aristocrat Ranchettes; being part of
Section 27,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 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 23-2-230.8 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 area already
has 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.
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SPECIAL REVIEW PERMIT#1456 - BARBARA SCHOTTELKOTTE
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c. Section 23-2-230.6.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. The property is located in the
Aristocrat Ranchettes Subdivision,which is a rural/agricultural subdivision.
Single family residences with outbuildings surround the site. The Conditions
of Approval and Development Standards will ensure that the use will be
compatible with the surrounding area.
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 site is
not located within an Intergovernmental Agreement Area;however,it is within
the three-mile referral area for the City of Fort Lupton. The City of Fort
Lupton,in its referral received December 5,2003,indicated no conflicts with
its interests.
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 is located in an existing subdivision,
Aristocrat Ranchettes. The site consists of approximately one(1)acre and
is not compatible for farming. The U.S.D.A.Soils Maps indicate that the soils
on this property are designated as Other Land.
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 Barbara Schottelkotte for a Site Specific Development Plan
and Use by Special Review Permit#1456 for a Kennel 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 provide the Department of Planning Services additional
information regarding the typical daily requirements,including approximate
square footage of dog runs,housing(bedding),and dietary requirements for
all animals associated with this application.
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SPECIAL REVIEW PERMIT#1456 - BARBARA SCHOTTELKOTTE
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B. The applicant shall provide the Department of Planning Services with
evidence that appropriate screening has been installed along the north
property line,or enter into a Private Improvements Agreement According to
Policy Regarding Collateral for Improvements and post adequate collateral
for all landscaping and non-transportation (plant materials, fencing,
screening,water,signage,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 USR plat.
C. The applicant shall provide the Department of Planning Services with
evidence that the garbage (tires, soda bottles, cans, etcetera) on the site
have been removed.
D. The applicant shall schedule the required inspections needed for one of the
mobile homes to be installed(PRS-033042)and the others to be demolished
(BCS-030284). Evidence of final approval from the Department of Building
Inspection shall be submitted to the Department of Planning Services.
E. The existing septic system to be used for the proposed mobile home 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 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 from
the Department of Public Health and Environment shall be provided to the
Department of Planning Services.
F. The applicant shall submit a Manure and Stormwater Management Plan to
the Weld County Department of Public Health and Environment for review
and approval. The plan should describe how manure generated on the site
will be stored,managed, removed,land applied,etcetera. The plan should
also describe the fate of any stormwater that may come into contact with
manure. Evidence of approval from the Department of Public Health and
Environment shall be provided to the Department of Planning Services.
G. 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 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 from the Department of Public Health
and Environment shall be provided to the Department of Planning Services.
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SPECIAL REVIEW PERMIT#1456 - BARBARA SCHOTTELKOTTE
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H. 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:
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). Evidence
of approval from the Department of Public Health and Environment
shall be provided to the Department of Planning Services.
The plat shall be amended to delineate the following:
1) The plat shall be labeled USR-1456.
2) The attached Development Standards.
3) The approved Landscape/Screening Plan.
J. 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. 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
mapsaco.weld.co.us.
4. The Use by Special Review activity shall not occur, nor shall any Building or
Electrical Permits be issued, 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#1456 - BARBARA SCHOTTELKOTTE
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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 April, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
W D COUNTY, COLORADO
�a?,ATTEST: / �I ��'-- ► . La (NAY)
.way g\ Robert D. Masden, Chair
Weld County Clerk to ti�kD
{'=Qisz? NAY
William H. e, Pro-Tern
BY: G:(/'
' i . . �•'�1 �/i ,
Deputy Clerk to the Bo. ., � AYE
M. eile
ArEp AS5 -FO121: c,�,l s AYE
David . Long
ty Attor ey AYE
Glenn Vaad
Date of signature:
2004-0861
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
BARBARA SCHOTTELKOTTE
USR#1456
1. The Site Specific Development Plan and Use by Special Review Permit #1456 is for a
Kennel 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. 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.
4. 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.
5. 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.
6. 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.
7. The applicant shall operate in accordance with the approved Waste Handling Plan.
8. Fugitive dust and fugitive particulate emissions shall be controlled on this site.
9. 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.
10. Adequate handwashing and toilet facilities shall be provided for sanitary purposes.
11. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
12. The facility shall utilize the existing public water supply,Aristocrat Ranchettes Water Project.
13. The facility shall maintain compliance with the Best Management Practices outlined in the
Confined Animal Feeding Operation (CAFO) Control Regulations (5 CCR 1002-19).
14. 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.
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DEVELOPMENT STANDARDS - BARBARA SCHOTTELKOTTE (USR #1456)
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15. The Use by Special Review Permit shall not be transferable to any successors in interest
to the prescribed property and shall terminate automatically upon conveyance or lease of
the property to others for operation of the facility.
16. No employees are permitted.
17. The kennel shall be limited to twenty-five (25) cats.
18. Should noxious weeds exist or become established on the property,the applicant/landowner
shall be responsible for controlling the noxious weeds, pursuant to Chapter 15,
Articles I and II, of the Weld County Code.
19. 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.
20. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
21. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
22. Personnel from 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.
23. 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.
24. 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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