HomeMy WebLinkAbout20040562.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1451 FORA KENNEL(NOT TO EXCEED 10 ADULT DOGS(6 MONTHS AND
OLDER))IN THE A(AGRICULTURAL)ZONE DISTRICT-RALPH AND BARBARA MAY
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 17th day of
March,2004,at the hour of 10:00 a.m.in the Chambers of the Board for the purpose of hearing the
application of Ralph and Barbara May,2827 Weld County Road 39, Brighton,Colorado 80603,for
a Site Specific Development Plan and Use by Special Review Permit#1451 for a Kennel (not to
exceed 10 adult dogs (6 months and older)) in the A(Agricultural) Zone District on the following
described real estate, to-wit:
Lot 6,2nd Replat of Lots 5 and 6;Apollo Subdivision;
being part of the N1/2 NE1/4 of Section 19,Township
1 North, Range 65 West of the 6th P.M., Weld
County, Colorado
WHEREAS,at the request of the applicant,the Board deemed it advisable to continue the
hearing to Monday,April 5,2004,at 10:00 a.m.to allow the applicants the opportunity to have their
application considered by a full quorum of the Board, and
WHEREAS, at said hearing of April 5, 2004, the applicant was represented by Rebecca
Haynes, 2831 Weld County Road 29, Brighton, Colorado 80603, 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 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
designated for the kennel already has existing buildings and improvements
making it impractical to farm the site.
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SPECIAL REVIEW PERMIT#1451 - RALPH AND BARBARA MAY
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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 23-2-230.6.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. The property is located in the Apollo
Subdivision, which is a rural/agricultural subdivision. A single family
residence with outbuildings is located to the north,cropland is located to the
east and west of the property,and a single family residence and outbuildings
is located to the south. 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, but it is within the
three-mile referral area for the Towns of Hudson and Lochbuie and the City
of Brighton. The Town of Hudson, in its referral received November 12,
2003,indicated no conflicts with their interests. No referral responses have
been received from the Town of Lochbuie or the City of Brighton.
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 applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The front quarter of the property is designated as"prime"farmground
per the 1979 U.S.D.A.Prime Farmlands Map of Weld County. However,the
location of existing improvements and size of the existing lot (10 acres)
makes it impractical to farm on this site.
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 Ralph and Barbara May for a Site Specific Development
Plan and Use by Special Review Permit#1451 fora Kennel(not to exceed 10 adult dogs(6 months
and older))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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1. Prior to recording the plat:
A. The plat shall be labeled USR-1451.
B. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) A total of 30-feet from the centerline of Weld County Road 39 shall be
indicated as road right-of-way.
3) Two parking spaces shall be delineated on the plat for the general
public. Parking spaces shall meet the design requirements of
Appendix 23-A of the Weld County Code, and at least one space
shall meet the intent of the Americans with Disabilities Act (ADA)
standards.
4) The approved Landscape and Screening Plan.
C. Justification for the third access shall be submitted to the Department of
Public Works. A written response from the Department of Public Works
regarding the third access shall be provided to the Department of Planning
Services. If required the access shall be removed.
D. The septic system serving the residence located at2831 Weld County Road
39,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 Health
Department approval shall be provided to the Department of Planning
Services.
E. 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, 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 such shall be submitted to the Department of
Planning Services.
F. 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,and evidence of Health Department approval shall be submitted to
the Department of Planning Services:
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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).
G. The applicant shall address the requirements of Department of Planning
Services as stated in the referral received October 20, 2003. Written
evidence of such shall be submitted to the Department of Planning Services.
H. A new Building Permit shall be submitted for the building for which Building
Permit #BP40152 was issued to conduct inspections of the building.
Evidence that the Building Permit has been applied for shall be submitted to
the Department of Planning Services.
A building permit shall be applied for and approved by the Department of
Building Inspection for the kennel facility. Evidence that the building permit
has been finaled shall be provided to the Department of Planning Services.
J. The applicant shall submit a Landscape and Screening Plan for review and
approval by the Department of Planning Services. The Landscape and
Screening Plan shall address screening of neighboring properties
(specifically the property to the north). Screening shall consist of a six-foot
opaque wooden fence.
K. The applicant shall provide justification to the Department of Planning
Services that the accessory Mobile Home is still being used as approved
under ZPMH-1484. A completed Non-conforming Use Application shall be
submitted to the Department of Planning Services for this mobile home.
L. 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 of
such shall be submitted to the Department of Planning Services.
M. 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
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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
mapsCp�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.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 5th day of April, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
,�►!� WELD COUNTY, COLORADO
ATTEST: `
��� Ii At, • \ (AYE)
Sall -` obert D. Masden, Chair
Weld County Clerk to th= :o.r�( 5it;�
40, I 1 NAY
%( Fir, .. � William H. rke, Pro-Tern
BY:
Deputy Clerk to the Boar. ►� L!�� AYE
. . eile
APP S M: � AYE
Daw E ong
11
p ty Attorney .rte .. _ ,i AYE
Glenn Vaad !,
Date of signature: I
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
RALPH AND BARBARA MAY
USR#1451
1. The Site Specific Development Plan and Use by Special Review Permit #1451 is for a
Kennel (not to exceed 10 adult dogs (6 months and older)) 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. Dogs within this kennel facility shall be limited to a weight of 20 (twenty) pounds or less.
4. Dogs shall be kept indoors from sunset to sunrise, or in a location that prevents the noise
from barking dogs to carry beyond the property boundaries.
5. Ten (10)is the maximum number of adult dogs allowed on the site at any one time. Dogs
over the age of six (6) months are counted in the maximum number of adult dogs in
accordance with Section 23-1-90 of the Weld County Code.
6. The number of employees for the kennel shall be limited to three (3) family members as
outlined in the application.
7. Hours of operation for the kennel facility shall be from 8:00 a.m.to 5:00 p.m.as stated in the
application materials.
8. Meetings with customers to buy/sell dogs and puppies shall be by appointment only as
stated in the application materials.
9. 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.
10. 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 30-20-200.5, C.R.S.
11. Waste materials shall be handled,stored,and disposed in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
12. Fugitive dust and fugitive particulate emissions shall be controlled on this site.
13. 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.
14. 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.
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15. The facility shall operate in accordance with the approved Waste Handling Plan.
16. Adequate hand washing and toilet facilities shall be provided for visitors of the facility.
17. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
18. A permanent,adequate water supply shall be provided for drinking and sanitary purposes.
19. The historical flow patterns and run-off amounts will be maintained on-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 stormwater run-off.
20. Buildings shall conform to the requirements of the codes adopted at the time that permits
are applied for. Current adopted codes include the 2003 International Building,Residential,
Mechanical, Plumbing, and Fuel Gas Codes.
21. Building height,wall and opening protection,and separation of buildings of mixed occupancy
shall be in accordance with the codes adopted at the time of the permit application. Setback
and offset distances shall be determined by Chapter 23 of the Weld County Code.
22. 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.
23. Effective December 1,2003,Building Permits issued on the lot will be required to adhere to
the fee structure of the County-Wide Road Impact Program.
24. The landscaping on site shall be maintained in accordance with the approved Landscape
and Screening Plan. The screening shall be installed by October 5, 2004, in compliance
with the Landscaping and Screening Plan.
25. The existing mobile home serving as employee housing for the kennel facility shall remain
on a temporary foundation and shall be removed upon sale or lease of the
property/residence to outside groups or individuals.
26. 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.
27. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
28. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
29. The property owner or operator shall be responsible for complying with Section 23-4-400,
Weld County Code.
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30. 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.
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.
33. The facility shall have one identification sign not to exceed 16 square feet in area. It shall
meet all requirements of Section 23-4-90 of the Weld County Code.
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