HomeMy WebLinkAbout20002329.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1284 FOR A KENNEL IN THE A(AGRICULTURAL) ZONE DISTRICT -
LAURIE BUFFINGTON
WHEREAS, the Board of County Commissioners of Welc 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 18th day
of October 2000, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Laurie Buffington, 1605 Weld County Road 40.5, Berthoud, Colorado
80513, for a Site Specific Development Plan and Use by Special Review Permit #1284 for a
Kennel in the A (Agricultural) Zone District on the following described real estate, to-wit:
Lot B of Recorded Exemption #1997; part of the
NE1/4 of Section 29, Township 4 North, Range 68
West of the 6th P.M., Weld County, Colorado
WHEREAS, said applicant was present at sad hearing, and
WHEREAS, Section 24.4.2 of the Weld County Zoning Ordinance provides standards
for review of said 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 o`
Section 24.7 of the Weld County Zoning Ordinance.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 24.4.2 of the Weld County Zoning Ordinance as
follows:
a. Section 24.4.2.1 —The proposed use is consistent with the Weld County
Comprehensive Plan. A.Goal 1 states, "Preserve prime farmland for
agricultural purposes which foster the economic health and continuance
of agriculture." The U.S.D.A. Soils Maps indicate the soils on this
property are designated as "Other" lands, and the size of the parcel
makes it undesirable for agricultural purposes. The Conditions of
Approval and Development Standards ensure that this proposal is
consistent with the Weld County Comprehensive Plan.
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SPECIAL REVIEW PERMIT #1284 - LAURIE BUFFINGTON
PAGE 2
b. Section 24.4.2.2 —The proposed use is consistent with the intent of A
(Agricultural) Zone District. Section 31.4.8 of the Weld County Zoning
Ordinance provides for kennels in the A (Agricultural) Zone District.
subject to a Use by Special Review Permit and the requirements of
Section 45.6 of the Weld County Zoning Ordinance.
c. Section 24.4.2.3 —The uses which will be permitted will be compatible
with the existing surrounding land uses. Tie surrounding properties ar
predominantly agricultural in use. The Conditions of Approval and
Development Standards are proposed to ensure that the applicant's
projected uses will remain compatible with the existing surrounding and
uses.
d. Section 24.4.2.4 —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. Tha site
is located within the referral boundary area of the incorporated
municipalities of Mead and Berthoud, Colorado. Referral responses from
these municipalities indicated no conflicts with their interests.
e. Section 24.4.2.5 — The site does not lie within any Overlay District areas
identified by maps officially adopted by Weld County.
f. Section 24.4.2.6 — 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 the soils on this
property are designated "Other" lands.
g. Section 24.4.2.7 —The Design Standards (Section 24.5 of the Weld
County Zoning Ordinance), Operation Standards (Section 24.6 of the
Weld County Zoning Ordinance), 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.
f. This application has been determined to be in compliance with proposed
Amendment 24 to the Colorado Constitution of a new article XXVIII, as
development of land which is consistent with a valid development
application which had been filed as of September 13, 2000, pursuant to
proposed Article XXVII 9 (2).
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Laurie Buffington for a Site Specific
Development Plan and Use by Special Review Permit#1284 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:
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SPECIAL REVIEW PERMIT #1284 - LAURIE BUFFINGTON
PAGE 3
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 recording the plats for the required
Recorded Exemption and Subdivision Exemption by the Department of Planning
Services.
2. Prior to recording the plat:
A. The applicant shall comply with the requirements of the Berthoud Fire
Protection District as indicated in a referral response dated September 5,
2000. Evidence of approval shall be submitted to the Weld County
Department of Planning Services.
B. The building will be required to meet Weld County Building Inspection
criteria as listed in a referral response dated August 14, 2000.
C. The applicant shall place approximately three loads of road base on the
access road and parking area to accommodate all-weather access anc
provide evidence of such to the Department of Planning Services.
D. The applicant shall submit a Waste Handling Plan 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 generatec',)
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 disposec
(including the facility name, address, and phone number).
E. The plat shall be amended to include the following:
1) Weld County Road 40.5 is designated on the Transportation Plan
Map as a local gravel road, which requires 60 feet of right-ot-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 40.5 shall be
delineated on the plat. This road is maintained by Weld Count}
2) The Screening Plan which includes the type of screening material
for the site.
3) The Landscaping Plan which includes the planting and
maintenance schedule for the site.
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SPECIAL REVIEW PERMIT #1284 - LAURIE BUFFINGTON
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 18th day of October, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ,f),/ E'k ,7://:� t
! ? Barbara J. kmeyer, Chair
Weld County Clerk to tb Bo t N 4�c
)`iVyjc<C/ � M. J eile Pro-Tern
� .
Deputy Clerk to the m - .�; EXCUSED
�'? G1NrgeE. Baxter
APPROVED AS "Jr: , -7 a
Dale IS Hall /
hi/
Attofney 4:4L / 1/Lit
Glern Vaad
2000-2329
PL1441
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
LAURIE BUFFINGTON
USR#1284
1. The Site Specific Development Plan and Use by Special Review Permit #1284 is for a
Kennel for the Boarding and Training of eight to ten dogs and the daily training of an
additional ten dogs/owners, in the A (Agricultural) Zone District, as indicated in he
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 90 of the Weld
County Zoning Ordinance, which shall be subject to all rights of referendum and judicial
review including challenges pursuant to Amendment 24.
3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
Section 30-20-100, C.R.S.)shall be stored and removed for final disposal in a manner that
protects against 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 in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
6. This facility shall adhere to the maximum permissible noise levels allowed in the Residential
Zone as delineated in Section 25-12-103, C.R.S.
7. Any existing septic system, which is not currently permitted through the Weld County
Department of Public Health and Environment, will require an Individual Sewage Disposal
System (I.S.D.S.) evaluation prior to the issuance of the required septic permits. The
review shall consist of an observation of the system and an evaluation of the system's
ability to handle the proposed hydraulic load. In the event the system is found to be
inadequate, the system must be brought into compliance with current I.S.D.S. regulations.
8. An I.S.D.S. is required for the proposed barn and shall be installed and designed b./ a
Colorado registered professional engineer according to the Weld County I.S.D.S.
Regulations.
9. Adequate toilet facilities shall be provided for the public.
10. The facility shall utilize the existing public water system. (Little Thompson Water Distrct)
11. Dogs shall be kept indoors between 9:00 p.m. and 5:30 a.m.
12. The property owner or operator shall be responsible for complying with the Design
Standards of Section 24.5 of the Weld County Zoning Ordinance.
13. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 24.6 of the Weld County Zoning Ordinance.
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DEVELOPMENT STANDARDS - LAURIE BUFFINGTON (USR #1284)
PAGE 2
14 Personnel from the Weld County Departments of Public Health and Environrneit and
Planning Services shall be granted access onto the property at any reasonable lime in
order to ensure the activities carried out on the property comply with the Development
Standards stated herein and all applicable Weld County regulations.
15 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. Sube.tartial
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.
16 The property owner or operator shall be responsible for complying with all of the foregcing
Development Standards. Noncompliance with any of the foregoing Development Standards
may be reason for revocation of the Permit by the Board of County Commissioners.
2000-2329
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