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HomeMy WebLinkAbout20000404.tiff RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT#1253 FOR A WILDLIFE SANCTUARY AND KENNEL IN THE A(AGRICULTURAL) ZONE DISTRICT - PATRICK CRAIG 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 15th day of March, 2000, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of Patrick Craig, 1946 Weld County Road 53, Keenesburg, Colorado 80643, for a Site Specific Development Plan and Special Review Permit#1253 for a WiPdlife Sanctuary and Kennel in the A (Agricultural) Zone District on the following described real estate, to-wit: Lot B of Recorded Exemption #2344; being part of the N1/2 NW1/4 of Section 28, Township 1 North, Range 64 West of the 6th P.M., Weld County, Colorado WHEREAS, said applicant was present at said 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 of 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 proposal 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 that the soils on this property are designated "Other" lands. No "Prime" farmland will be taken out of production. 2000-0404 PL1371 SPECIAL REVIEW PERMIT#1253 - PATRICK CRAIG PAGE 2 b. Section 24.4.2.2 -- The proposal is consistent with the intent of the district in which the use is located. The property is zoned A (Agricultural) and Sections 31.4.8 and 31.4.10 state the keeping, raising or boarding or exotic animals, and kennels are permitted as a Use by Special Review in the Agricultural Zone District. c. Section 24.4.2.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. Uses within the surrounding area are very limited residential and dryland pasture. The Conditions of Approval and Development Standards will ensure that any incompatibilities will be mitigated. 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. The site does not lie within the Urban Growth Boundary or referral area of any municipality. e. Section 24.4.2.5 -- This proposal does not lie within any Overlay Districts. f. Section 24.4.2.6 -- The use is proposed to be located in the A (Agricultural) Zone District, and the applicant has demonstrated that a diligent effort has been made 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 "Other". g. Section 24.4.2.7 -- The attached Conditions of Approval and Development Standards ensure the protection of the health, safety and welfare of the inhabitants of the neighborhood and the County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Patrick Craig for a Site Specific Development Plan and Special Review Permit#1253 for a Wildlife Sanctuary and 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 Special Review Permit shall be adopted and placed on the Special Review plat prior to recording. The completed plat shall be delivered to the 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. 2. Prior to recording the plat: 2(100-0404 PL1371 SPECIAL REVIEW PERMIT#1253 - PATRICK CRAIG PAGE 3 A. The existing septic system 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 Weld County Department of Public Health and Environment, Environmental Health Services Division. 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 by the Weld County Department of Public Health and Environment shall be suomitted to the Weld County Department of Planning Services. B. The applicant shall submit a Manure and Wastewater Runoff Handling Plan to the Weld County Department of Public Health and Environment for review and approval. The plan shall describe how manure generated on the property will be disposed, and describe how wastewater that comes into contact with the manure on the property will be managed. The applicant shall consider the Best Management Practices as described in the Confined Animal Feeding Operation Control Regulations (5 CCR 1002-81). The plan should also include the disposal of dead animals. C. The applicant shall delineate parking and circulation patterns on the plat. Parking should include a possible overflow area necessary for fund raising events. Evidence of approval by the Weld County Department of Public Works shall be submitted to the Weld County Department of Planning Services. D. The applicant shall supply the Department of Public Works with a statement describing how the facility and expansion may impact historical drainage patterns. Evidence of approval by the Weld County Department of Public Works shall be submitted to the Weld County Department of Planning Services. E. The plat shall be amended to show any proposed signage. F. The plat shall be amended to show any animal enclosures in the future expansion area. G. The plat shall be amended to include the size and common and botanical names of trees used in the landscaping.) 3. Building and electrical permits shall not be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 2000-0404 PL1371 SPECIAL REVIEW PERMIT#1253 - PATRICK CRAIG PAGE 4 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 15th day of March, A.D., 2000. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: /O04471 J' ) l �/lt L /2—. C,.4• Barbara J. irkmeyer, Chair Weld County Clerk to , ��\4 • )';s. c(9 —� c `7 M. J eile, Pro-Tem 4 � �// Deputy Clerk to the' 11; ; \`y' � ' ' — //�� Georg E. Baxter RQ 'APPED AS FORM: EXCUSED , Dale K. Hall ll Jey Glenn Vaad-- 2000-0404 PL1371 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS PATRICK CRAIG USR#1253 1. The Site Specific Development Plan and Use by Special Review Permit is for a Wildlife Sanctuary to keep, raise, and board exotic animals, and for a kennel in the A(Agricultural) Zone Distriict, 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 90 of the Weld County Zoning Ordinance. 3. The site shall not exceed the number of 80 exotic animals and hybrid wolves. 4. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, Section 30-20-101, 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. 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. 8. The maximum permissible noise level shall not exceed the residential limit of 55 db(A), as measured according to Section 25-12-102, C.R.S. 9. Adequate toilet facilities shall be provided for the volunteers. 10. The facility shall utilize the existing well (Permit Number 213693). 11. The operation shall maintain all applicable and valid permits from the Division of Wildlife and the United States Department of Agriculture. 12. The facility shall provide a safe and adequate drinking water source,at all times,to patrons of the facility. In the event the on-site well provides water for drinking for 25 or more people, it shall meet all the necessary requirements for a"non-community"water supply as defined in the Colorado Primary Drinking Water Regulations(5CCR 1003-1). Bottled water provided by a commercial source shall be considered an adequate source. 13. In the event daily uses of the facility exceed the number of people for whom the septic system is designed,the facility may supplement the on-site septic system with Port-A-Potty units for temporary events. 14. The disposal of all sewage generated at the site shall comply with the Weld County Individual Sewage Disposal System Regulations. 2(100-0404 PL1371 DEVELOPMENT STANDARDS - PATRICK CRAIG (USR #1253) PAGE 2 15. All construction on the property shall be in accordance with the Weld County Building Code Ordinance. 16. Any signs shall comply with Section 42 of the Weld County Zoning Ordinance. 17. "No Trespassing" signs shall be posted around the perimeter fence at 500-foot intervals. 18. Weld County Road 6 is designated as a section line access not maintained by Weld County. The existing 30 feet of right-of-way south of the section line will be used to access the site. 19. Weld County Road 6 will be graded and drained by the applicant to provide all weather access. 20. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 21. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 22. 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. 23. The 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 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. 2000-0404 PL1371 Hello