HomeMy WebLinkAbout20000949.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bryant Gimlin that the following resolution with changes to the Condit ons of Approval and
Development Standards and subsequent renumbering be introduced for passagE by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for,
PLANNER: Julie A. Chester
CASE NUMBER: USR-1261
APPLICANT: Heather Hathaway
ADDRESS: 7673 WCR 6, Brighton, CO 80601
REQUEST: A Site Specific Development Plan and a Special Review Permit for a kennel for boarding
dogs and cats (150 dogs, maximum and 40 cats, maximum) in the Agricultural Zone
District.
LEGAL DESCRIPTION: Lot A of RE-1806, Pt. of the S2/SE4 of Section 20, -11 N, R67W of the
6th P.M., Weld County, Colorado
LOCATION: North of and adjacent to WCR 6, West of WCR 17
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirement:;of Section 24.7 of the
Weld County Zoning Ordinance, as amended.
2. It is the opinion of the Department of Planning Services's staff that the applicant has shown
compliance with Section 24.3 of the Weld County Zoning Ordinance, as amended, as follows:
a. Section 24.3.1.1 --This 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." This property i:> designated as prime
farmground as shown on the U.S.D.A. Soils Map, however, the sizE of the parcel makes it
undesirable for farming purposes. This proposal is for the boarding of a maximum of one
hundred fifty (150) dogs and forty (40) cats on the site. The kennel is for the purpose of
boarding more dogs and cats, than allowed by right in the Agricultural Zone District The
conditions of approval and development
standards ensure that this proposal is consistent with the Weld County Comprehensive
Plan.
b. Section 24.3.1.2--This proposal is consistent with the intent of the Ac ricultural Zone District.
The Agricultural Zone District is intended to provide areas for the conduct of agricultural
activities without the interference of other,incompatible land uses. The site of this proposal
is zoned Agricultural as are the surrounding properties. Section 31.4.8 of the Weld County
Zoning Ordinance provides for kennels in the Agricultural Zone District,subject to a Use by
Special Review Permit and the requirements of Section 45.6 of tha Weld County Zoning
Ordinance. The conditions of approval and development standards ensure that this
proposal is consistent with the intent of the Agricultural Zone District.
:HI.B1,T
2000-0949
RESOLUTION, USR-1261
Heather Hathaway
Page 2
c. Section 24.3.1.3 --The uses which would be permitted will be compatible with the existing
agricultural activities and land uses surrounding the site. The surrounding properties are
zoned agricultural with agricultural uses. There are a few residences within the area,
however,conditions of approval and development standards ensure that the proposed uses
will remain compatible with the existing surrounding land uses.
d. Section 24.3.1.4 --The proposed uses will be compatible with future development of the
surrounding area as permitted by the existing zoning and with the f,jture development as
projected by the Comprehensive Plan or Master Plans of affected rr unicipalities. The site
is located within the referral boundary area of the Town of Da•:ono and the City of
Northglenn. The Town of Dacono did not respond to their referral and the City of
Northglenn indicated that there were no conflicts with their interest:..
e. Section 24.3.1.5--That the application complies with the Weld Cou ity Zoning Ordinance,
Section 50,Overlay District Regulations if the proposal is located within the Overlay District
Areas identified by maps officially adopted by Weld County. The property is located within
a Geological Hazard area. The applicant has indicated that a Colorado Registered
Engineer has researched the property and did not find any underlying faults, abandoned
mines or other geological hazards. A condition of approval for this Special Review Permit
includes an application and approval for a Geological Hazard Perri-it.
f. Section 24.3.1.6--The applicant has demonstrated a diligent effort to conserve productive
agricultural land. This proposal is to be located on a 5.58 acre parcel, which is not an
adequate size for farming purposes.
g. Section 24.3.1.7 -The Design Standards (Section 24.5 of the Weld County Zoning
Ordinance, as amended), Operation Standards (Section 24.6 of the Weld County Zoning
Ordinance,as amended),Conditions of Approval,and Development Standards ensure that
there are adequate provisions for the protection of the health, safaty and welfare of the
inhabitants of the neighborhood and the County.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Department of Planning Services's staff recommendation for approval is conditic nal upon the following:
1. The attached Development Standards for the Special Review Permit shall be adopted and placed
on the Special Review Plat prior to recording the plat. The completed plat s call be delivered to the
Department of Planning Services and be ready for recording in the Wald County Clerk and
Recorder's Office within 60 days of approval by the Board of County Commissioners. (Department
of Planning Services)
2. Prior to recording the plat:
A. A detailed landscaping plan identifying the number, size and species of
landscaping materials/buffering materials,shall be submitte d to the Department of
Planning Services for review and approval. The plat shall also address
maintenance of the landscaping materials and potential replacement of dying
materials. The approved plan shall be delineated on the plat map. (Department
of Planning Services)
RESOLUTION, USR-1261
Heather Hathaway
Page 3
3. The Plat shall be amended to show:
A. The approved landscaping plan. (Department of Planning Services)
B. Weld County Road 6 is a collector status road that require≤ 80 feet of right-of-way
at full build out. A total of 40 feet from the centerline of the County Road
right-of-way reservation for future expansion delineated or the plat. (Department
of Planning Services)
4. The Special Review activity shall not occur nor shall any building or electrical permits be issued on
the property until the Special Review plat is ready to be recorded in the offce of the Weld County
Clerk and Recorder. (Department of Planning Services)
5. Prior to the release of building permits:
A. The applicant shall submit and have approved, a Geological Hazard Permit,
prepared by a Colorado Registered Professional Engineer, as indicated in
Section 52 of the Weld County Zoning Ordinance. (Department of Planning
Services)
Motion seconded by Cristie Nicklas.
VOTE:
For Passage Against Passage
Fred Walker
Cristie Nicklas
Arlan Marrs
John Folsom
Michael Miller
Bryant Gimlin
Jack Epple
Stephen Mokray
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Trisha Swanson, Recording Secretary for the Weld County Planning Commission, do hereby certify that
the above and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld
County, Colorado, adopted on April 4, 2000.
Dated the 4th of April, 2000.
Trisha Swanson
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Heather Hathaway
USR-1261
1. A Site Specific Development Plan and a Special Review Permit for a kennel for boarding dogs and
cats (150 dogs maximum, and 40 cats maximum) in the Agricultural Zone District, as indicated in
the application materials on file in the Department of Planning Services and subject to the
Development Standards stated hereon. (Department of Planning Services'
2. Approval of this plan may create a vested property right pursuant to Section 30 of the Weld County
Zoning Ordinance. (Department of Planning Services)
3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-101. C.R.S., as amended) shall be stored and removed for final disposal in a manner
that protects surface and groundwater contamination. (Department of Public Health and
Environment)
4. No permanent disposal of wastes shall be permitted at this site. (Department of Public Health and
Environment)
5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
blowing debris, and other potential nuisance conditions. (Department of Public Health and
Environment)
6. Fugitive dust shall be controlled on this site. (Department of Public Health and Environment)
7. The maximum permissable noise level shall not exceed the residential limit of 55db(A) as
measured according to 25-12-102, C.R.S. (Department of Public Health arid Environment)
8. The facility shall utilize the existing water supply. (Mountain View Water D strict) (Department of
Public Health and Environment)
9. The facility shall utilize an approved septic system for the kennel and a ixiliary building. The
septic system is required to be designed by a Colorado Registered Professional Engineer
according to the Weld County Individual Sewage Disposal Regulations. (Department of
Public Health and Environment)
10. The facility shall receive a permit from and comply with the United States Department of
Agricultural Rules and Regulations Pertaining to the Administration and Enforcement of the
Pet and Animal Care and Facilities Act. (Department of Public Health and Environment)
11. Animal and food wastes, bedding, debris and other organic wastes shall he 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.
(Department of Public Health and Environment)
12. The parking lot shall be an all-weather gravel or paved surface. The njrthern portion of the
parking lot shall have a block-out or hammerhead configuration to allow backing in the last
two designated parking areas. (Department of Public Works)
13. Effective December 1, 1999, Building Permits issued on the proposed lo:s shall be required to
adhere to the fee structure of the Southwest Weld County Service Area Roac Impact Program,area
3 (Ordinance 211). (Department of Planning Services)
14. All construction on the property shall be in accordance with the requirements of the Weld County
Building Code Ordinance, as amended. (Weld County Building Inspection)
15. The facility shall maintain compliance, at all times, with the Mountain View Fire Protection
District. (Department of Planning Services)
16. Dogs shall be kept indoors between 9:00 p.m. and 7:00 a.m. (Department of Planning Services)
17. The facility shall maintain compliance with Section 45.6 of the Weld County Zoning Ordinance.
(Department of Public Health and Environment and Planning Services)
18. This permit limits the total number of dogs to 150 and cats to 40, ircluding all offspring.
(Department of Planning Services)
19. If applicable, the applicant shall obtain a storm water discharge permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division. (Department
of Public Health and Environment)
20. The applicant shall submit evidence to the Weld County Department of Public Health and
Environment that the facility has received a permit from and will com ply with the Colorado
Department of Agriculture Rules and Regulations pertaining to the Administration and Enforcement
of the Pet Animal Care and Facilities Act. (Department of Planning Services)
21. The applicant shall utilize the existing access or upgrade and improve a new access point, but no
more than one access will be granted. The access shall be placed in such a location to have
adequate sight distance in both directions and shall accommodate two-wad traffic. The applicant
shall contact the Weld County Department of Public Works to determine if a culvert is necessary
at any approved access point. If a drainage culvert is required, a 15-inch CMP is the County
minimum size. If the applicant chooses to place a larger culvert, please cor tact the Department of
Public Works to adequately size the culvert. (Department of Planning Services)
22. Personnel from the Weld County Department of Public Health and Environment and Weld County
Department of 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. (Departments of Planning Services and
Public Health and Environment)
23. The property owner or operator shall be responsible for complying with the Design Standards of
Section 24.5 of the Weld County Zoning Ordinance,as amended. (Department of Public Health and
Environment and Planning Services)
24. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 24.6 of the Weld County Zoning Ordinance,as amended. (Department of Public Health and
Environment and Planning Services)
25. 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 fil?d in the office of the
Department of Planning Services. (Department of Planning Services)
26. The property owner or operator shall be responsible for complying wi h 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 Commissicners. (Departments of
Planning Services and Health and Environment)
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