HomeMy WebLinkAbout20010243.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1308 FOR A KENNEL IN THE A (AGRICULTURAL) ZONE DISTRICT -
ROSE ZESCHIN
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 21st day
of February, 2001, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Rose Zeschin, 12680 Weld County Road 28, Platteville, Colorado
80651, for a Site Specific Development Plan and Use by Special Review Permit#1308 for a
Kennel in the A (Agricultural) Zone District on the following described real estate, to-wit:
Lot B of Amended Recorded Exemption #68;
located in part of the NE/14 of Section 31,
Township 3 North, Range 66 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, said applicant was presented at said hearing, and
WHEREAS, Section 23-2-230.B 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
of the Weld County Code. In accordance with Section 22-2-260.A.1 the
U.S.D.A. Soils Maps indicate that the soils on this property are
designated "Irrigated Not Prime," and the relatively small size of the
parcel makes it undesirable for agricultural purposes. The Conditions of
Approval and Development Standards can ensure that this proposal is
consistent with the Weld County Code.
2001-0243
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SPECIAL REVIEW PERMIT #1308 - ROSE ZESCHIN
PAGE 2
b. Section 23-2-230.6.2—The proposed use is consistent with the intent of
A (Agricultural) Zone District. Section 23-4-400, Weld County Code,
provides for Kennels in the A (Agricultural) Zone District, subject to a Use
by Special Review Permit and the requirement of Section 23-3-40.H,
Weld County Code.
c. Section 23-2-230.B.3—The uses which will be permitted will be
compatible with the existing surrounding land uses. The surrounding
properties are predominantly agricultural in use. The Conditions of
Approval and Development Standards are proposed to ensure that the
applicant's proposed use will remain compatible with the existing
surrounding land uses.
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
the Comprehensive Plan or Master Plans of affected municipalities. The
site is located within the referral boundary area of the incorporated
municipality of Platteville, Colorado. The referral response dated
December 12, 2000, from the Town of Platteville indicated no conflicts
with its interests.
e. Section 23-2-230.B.5—The site does not lie within any Overlay District.
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 U.S.D.A. Soils Maps indicate that the soils on this
property are designated "Irrigated Not Prime" 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 Rose Zeschin for a Site Specific Development
Plan and Use by Special Review Permit#1308 for a Kennel in the A (Agricultural) Zone District
on the hereinabove described parcel of land be, and hereby is, granted subject to the following
conditions:
1. The attached Development Standards for the Use by Special Review Permit
shall be adopted and placed on the Use by Special Review Plat prior to
recording. The completed plat shall be delivered to the Weld County
Department of Planning Services and be ready for recording in the Weld County
Clerk and Recorder's Office within 30 days of approval by the Board of County
Commissioners.
2001-0243
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SPECIAL REVIEW PERMIT#1308 - ROSE ZESCHIN
PAGE 3
2. Prior to recording the plat:
A. The applicant shall submit an evaluation, conducted by a Colorado
Registered Professional Engineer, of the Septic System to the Weld
County Department of Public Health and Environment. The existing
septic system located at the applicant's residence shall be made
available for patron use.
B. The facility shall apply for a permit with the United States Department of
Agriculture and comply with the Rules and Regulations pertaining to the
Administration and Enforcement of the Pet and Animal Care and
Facilities Act.
C. The applicant shall submit a detailed Landscape/Screening Plan to the
Department of Planning Services identifying the following: 1) number,
size and species of landscape material; 2) Landscape Planting and
Maintenance Schedule; and 3) type and location of screening material(s).
The approved plan shall be delineated on the Plat.
3. The plat shall be amended to include the following:
A. Weld County Road 28 is designated on the Transportation Plan Map as a
local gravel road which requires 60 feet of right-of-way at full build out.
There is presently 60 feet of right-of-way. A total of 30 feet from the
centerline of Weld County Road 28 shall be delineated on the plat. This
road is maintained by Weld County.
B. The applicant shall designate the existing west access point as a one-
way entrance to the parcel (ingress), and the existing east access as a
one-way exit from the parcel (egress) on the plat. The applicant shall
further designate the parking (pick-up/drop-off) area located north of the
existing single family dwelling on the plat.
C. The approved Landscape/Screening Plan for the site.
2001-0243
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SPECIAL REVIEW PERMIT#1308 - ROSE ZESCHIN
PAGE 4
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 21st day of February, A.D., 2001.
BOARD OF COUNTY COMMISSIONERS
WELD COU TY, COLORADO
ATTEST: /a, / "N.' l a� 1��� J. eile, hair
Weld County Clerk to th�:o.
1861 () 1/42�� EXCUSED DATE OF SIGNING (AYE)
Glenn Vaad, Pro-Tem
BY: � 1�Deputy Clerk to the Bo h <i I f \
WiJerke
e7AP VED AS FORM: —r CJ
avi E. Long
ounty Attorn y 1\\Nati
Robert D. Masden
2001-0243
PL1472
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ROSE ZESCHIN
USR#1308
1. A Site Specific Development Plan and Use by Special Review Permit#1308 is for a Kennel
for 80 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 Article VIII 23-8-10,
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 surface and groundwater contamination.
4. No permanent disposal of wastes shall be permitted at this site.
5. Waste materials shall be handled,stored,and disposed of in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
6. Fugitive dust shall be controlled on this site.
7. The maximum permissible noise level shall not exceed the residential limit of 55 db(A) as
measured according to Section 25-12-103, C.R.S.
8. The facility shall utilize the existing well.
9. Adequate toilet facilities shall be provided for the public. The public shall be allowed to use
the toilet facilities located in the residence.
10. The facility shall comply with the United States Department of Agriculture Rules and
Regulations pertaining to the Administration and Enforcement of the Pet and Animal Care
and Facilities Act.
11. Animal and food 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, or more frequently, from the facility and hauled by a
commercial hauler.
12. Dogs shall be kept indoors between 9:00 p.m. and 7:00 a.m.
13. The maximum number of dogs allowed shall be 30 dogs for day care and 50 dogs for
boarding.
14. The applicant shall construct a fine mesh perimeter 5-foot fence with 1-foot cantilevering
around the kennel related portion to protect the boarded animals, as well as the vehicular
traffic of US Highway 85 and Weld County Road 28.
2001-0243
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DEVELOPMENT STANDARDS - ROSE ZESCHIN (USR#1308)
PAGE 2
15. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
16. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
17. Personnel from the Weld County Departments of Public Health and Environment and
Planning Services 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.
18. 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.
19. 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.
O
2001-0243
PL1472
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