HomeMy WebLinkAbout20031609.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1423 FOR A DOG KENNEL (NOT TO EXCEED 60 GREYHOUND DOGS) IN
THE A(AGRICULTURAL) ZONE DISTRICT - HEATHER WEIR
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 23rd day of
July, 2003, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the
application of Heather Weir, 1050 West 8th Street, Loveland, Colorado 80537,for a Site Specific
Development Plan and Use by Special Review Permit#1423 for a Dog Kennel (not to exceed 60
Greyhound dogs)in the A(Agricultural)Zone District on the following described real estate,to-wit:
W1/2 SE1/4 of Section 35,Township 9 North,Range
66 West of the 6th P.M., Weld County, Colorado
WHEREAS,at said hearing on July 23,2003,there were only three Commissioners present,
with Commissioners Long and Geile excused, and the applicant requested a continuance, and
WHEREAS,after hearing testimony of those individuals present who stated they would not
be able to return for a subsequent hearing, this matter was continued to July 30, 2003, and
WHEREAS, at said hearing on July 30, 2003, with four Commissioners present, and
Commissioner Masden excused,the case was presented and all remaining testimony was heard;
however,with testimony from July 23, 2003, not having been heard by Commissioners Long and
Geile, this matter was again continued to August 6, 2003, at 10:00 a.m., and
WHEREAS, at said hearing on August 6, 2003, the applicant was present, 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, having 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:
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SPECIAL REVIEW PERMIT#1423 - HEATHER WEIR
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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. Section 22-2-60
(A.Goal 1)states,"Conserve agricultural land for agricultural purposes which
foster the economic health and continuance of agriculture." The property is
designated as "High Potential Dry" and "Other" according to the 1979
Important Farmlands of Weld County Map. The kennel facility site will be
located on only ten acres of the site. The remaining 70 acres is designated
in the federal Conservation Reserve Program (CRP).
b. Section 23-2-230.6.2--The proposed use is consistent with the intent of the
A(Agricultural)Zone District. Section 23-4-40.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. There is an existing single family
residence located approximately one-quarter mile west of the site. Dryland
crop parcels are located to the north, east, and west of the site.
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 urban growth boundary, but it is within the three-mile
referral area of the Town of Nunn. No referral response has been received
from the Town of Nunn.
e. Section 23-2-230.6.5--The application complies with Section 23-5 of the
Weld County Code. 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 site is classified as"High Potential Dry"and"Other"according to
the 1979 Important Farmgrounds of Weld County Map. The dog kennel will
be located on 10 acres of the site. The remaining 70 acres will remain in the
federal Crop Rotation Program program.
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#1423 - HEATHER WEIR
PAGE 3
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the application of Heather Weir fora Site Specific Development Plan and Use
by Special Review Permit#1423 for a Dog Kennel (not to exceed 60 Greyhound 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 USR-1423.
B. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) Four (4) parking spaces shall be indicated on the plat.
3) Internal traffic circulation shall be indicated on the plat.
4) The approved location of the access road.
C. The applicant shall obtain a sign-off from the Nunn Fire Protection District if
the applicant chooses to use an access less than 20 feet in width. Evidence
of such shall be provided to the Department of Planning Services.
D. The applicant shall address the requirements of the Weld County RE-9
School District as outlined in the referral received February 28, 2003.
Evidence of such shall be provided to the Department of Planning Services.
E. The applicant shall submit a Dust Abatement Plan to the Environmental
Health Services Division of the Weld County Department of Public Health
and Environment,for approval,prior to operation.Evidence of such shall be
provided to the Department of Planning Services.
F. 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.
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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SPECIAL REVIEW PERMIT#1423 - HEATHER WEIR
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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 the facility where the waste will be disposed
(including facility name, address and phone number).
H. The applicant shall enter into a Private Improvements Agreement According
to Policy Regarding Collateral for Improvements and post adequate collateral
for transportation and non-transportation requirements. The agreement and
form of collateral shall be reviewed by County staff and accepted by the
Board of County Commissioners or improvements shall be completed prior
to recording the plat.
The applicant shall provide verification from the federal CRP program that
the proposed access road can be installed where indicated on the plat,or the
access road shall be moved to border the westem boundary of the property.
J. The applicant shall submit a Screening Plan for review and approval by the
Department of Planning Services. The Screening Plan shall address the
screening of the kennel and turn out from the adjacent properties.
K. 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
maoseco.weld.co.us.
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SPECIAL REVIEW PERMIT#1423 - HEATHER WEIR
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4. Prior to Release of Building Permits:
A. Separate Building Permits shall be obtained prior to any construction.
B. A Plan Review is required for each building. Two complete sets of plans are
required when applying for the permit.
5. Prior to Release of Certificate of Occupancy:
A. An individual sewage disposal system is required for the proposed modular
home and proposed kennel facility and shall be installed according to the
Weld County Individual Sewage Disposal System (I.S.D.S.) Regulations.
B. The septic system is required to be designed by a Colorado registered
professional engineer according to the Weld County I.S.D.S. Regulations.
C. Buildings shall conform to the requirements of the 1997 Uniform Building
Code(UBC), 1998 International Mechanical Code(IMC), 1997 International
Plumbing Code(IPC),2002 National Electrical Code(NEC),and Chapter29
of the Weld County Code.
D. Each building will require an engineered foundation based on a site-specific
geotechnical report or an open hole inspection performed by a Colorado
registered engineer. Engineered foundations shall be designed by a
Colorado registered engineer.
E. Building height shall be limited to the maximum height allowed per UBC
Table 5-B. Wall and opening protection and limitations shall be in
accordance with UBC Table 5-A. Separation of buildings of mixed
occupancy classifications shall be in accordance with UBC Table 3-B and
Chapter 3. Setback and offset distances shall be determined by Chapter 23
of the Weld County Code.
6. 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#1423 - HEATHER WEIR
PAGE 6
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 6th day of August, A.D., 2003.
RD OF COUNTY COMMISSIONERS
M%zrn4
D COUNTY, COLORADO
ATTEST:
D vid E. o , Chai
Weld County Clerk to the Board
Robert D. sden, Pro-Tem
• er, o the Board
I� . �_ . J. eile
18619 •
Willis H. Jerke
or ey
Glenn Vaa
Date of signature: ?-SQ-P-r
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
HEATHER WEIR
USR#1423
1. The Site Specific Development Plan and Use by Special Review Permit#1423 is for a Dog
Kennel(not to exceed 60 Greyhound 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. The on-site and off-street parking spaces, including access drives,shall be surfaced with
gravel,asphalt,concrete,or equivalent and shall be graded to prevent drainage problems.
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, blowing debris, and other potential nuisance conditions.
7. Fugitive dust shall be controlled on this site.The facility shall be operated in accordance with
the approved Dust Abatement Plan at all times.
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 toilet facilities shall be provided for the employees and volunteers of the facility.
10. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to individual sewage disposal systems.
11. All potentially hazardous chemicals must be stored and handled in a safe manner in
accordance with product labeling.
12. If applicable, the facility shall maintain compliance with PACFA rules and regulations.
13. If applicable,the applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
14. The applicant shall operate in accordance with the approved Waste Handling Plan.
15. A permanent,adequate water supply shall be provided for drinking and sanitary purposes.
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DEVELOPMENT STANDARDS - HEATHER WEIR (USR #1423)
PAGE 2
16. Potential purchasers should be aware that groundwater may not meet all drinking water
standards as defined by the Colorado Department of Public Health and Environment.The
Weld County Department of Public Health and Environment strongly encourages well users
to test their drinking water prior to consumption and periodically thereafter.
17. 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, Area 3.
18. The rescued Greyhound dogs shall be supervised at all times when outdoors and shall be
confined within the fences of the kennel facility at all times.
19. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
20. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
21. The property owner or operator shall be responsible for complying with the standards of
Section 23-4-400 of the Weld County Code.
22. Breeding of dogs shall not be allowed on the site, nor shall disposal of dead animals be
allowed on the property.
23. 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.
24. 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.
25. 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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