HomeMy WebLinkAbout20000948.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1261 FOR A KENNEL IN THE A (AGRICULTURAL) ZONE DISTRICT •
MIKE AND HEATHER HATHAWAY
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 17tf day
of May 2000, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing
the application of Mike and Heather Hathaway, 7673 Weld County Road 6, Brighton, Colorado
80601, for a Site Specific Development Plan and Use by Special Review Permit#1261 for a
Kennel in the A (Agricultural) Zone District on the following described real estate, to-wit
Lot A of Recorded Exemption #1806; part of the
S1/2 SE1/4 of Section 20, Township 1 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing on May 17, 2000, the Board deemed it advisable to continue
said matter to May 31, 2000, at 10:00 a.m., to allow the applicants adequate time to address
the adequacy of water, and
WHEREAS, at said hearing on May 31, 2000, said applicants were present, 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 —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 is designated as prime farm ground 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
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SPECIAL REVIEW PERMIT #1261 - MIKE AND HEATHER HATHAWAY
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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 A (Agricultural) Zone District. The Conditions of
Approval and Development Standards ensure that this proposal is
consistent with the Weld County Comprehensive Plan.
b. Section 24.4.2.2 —This proposal is consistent with the intent of the A
(Agricultural) Zone District. The A (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 propcsal is
zoned Agricultural, as are the surrounding properties. 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. The Conditions of Approval and Development Standarcs
ensure that this proposal is consistent with the intent of the
A (Agricultural) Zone District.
c. Section 24.4.2.3—The uses which will 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, the Conditions of
Approval and Development Standards ensure that the proposed uses will
remain compatible with the existing surrounding land uses.
d. Section 24.4.2.4 —The proposed uses 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 Town of Dacono and the City of Northglenn.
The Town of Dacono did not respond and the City of Northglenn
indicated that there were no conflicts with its interests.
e. Section 24.4.2.5 —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 Use by Special Review Permit requires an application and
approval of a Geological Hazard Permit.
f. Section 24.4.2.6 —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
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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 the County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Mike and Heather Hathaway for a Site Specific
Development Plan and Use by Special Review Permit #1261 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 Department of Planning
Services and be ready for recording in the Weld County Clerk and Recorder's
Office within 60 days of approval by the Board of County Commissioners.
2. Prior to recording the plat:
A. A detailed landscaping plan identifying the number, size and species of
landscaping and buffering materials, shall be submitted to the
Department of Planning Services for review and approval. The plan shall
also address maintenance of the landscaping materials and potential
replacement of dying materials. The approved plan shall be delineated on
the plat map.
3. The Plat shall be amended to show:
A. The approved Landscaping Plan.
B. Weld County Road 6 is a collector status road that requires 80 feet of
right-of-way at full build out. Forty (40) feet of right-of-way from the
centerline of the road shall be reserved for future expansion and
delineated on the plat.
4. The 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.
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.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 31st day of May, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
/
ATTEST: LW / /
.�i "<2. , / / ---
� �/.a 'Barbara irkmeyer, Chair
Weld County Clerk to the =.ar• cia.
v ` tire�H. . pile, Pro-Te? ----
BY i/� • t 1 iii
Deputy Clerk to the - � �` °y� ---
N It orge E. Baxter
APPROVED AS,/ FORM: ---
_'_ / / Dale Hall
Lij
eo-dull- Attorney /
Glenn d
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
MIKE AND HEATHER HATHAWAY
USR #1261
1. A Site Specific Development Plan and Use by Special Review Permit#1262 is for a kennel
for boarding dogs and cats (150 dogs maximum, and 40 cats maximum) 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 90 of the Weld
County Zoning Ordinance.
3. 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 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. Fugitive dust shall be controlled on this site.
7. The maximum permissible noise level shall not exceed the residential limit of 55db(A) as
measured according to Section 25-12-102, C.R.S.
8. The facility shall utilize the existing water supply(Mountain View Water User's Association)
or a commercial well as permitted by the State.
9. The facility shall utilize an approved septic system for the kennel and auxiliary building. The
septic system is required to be designed by a Colorado registered professional engineer
according to the Weld County Individual Sewage Disposal System (I.S.D.S.) Regulations.
10. 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, from the facility and hauled by a commercial haL ler.
11 The parking lot shall be an all-weather gravel or paved surface. The northern portion of the
parking lot shall have a block-out or hammerhead configuration to allow backing in tie last
two designated parking areas.
12. Effective December 1, 1999, building permits issued on the proposed lots shall be required
to adhere to the fee structure of the Southwest Weld County Service Area Road Impact
Program, area 3 (Ordinance 211).
13. All construction on the property shall be in accordance with the requirements of the Weld
County Building Code Ordinance.
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14 The facility shall maintain compliance, at all times, with the Mountain View Fire Pro:ection
District.
15 Dogs shall be kept indoors between 9:00 p.m. and 7:00 a.m.
16 The facility shall maintain compliance with Section 45.6 of the Weld County Zoning
Ordinance.
17 This permit limits the total number of dogs to 150 and cats to 40, including all offspring.
18. If applicable,the applicant shall obtain a Storm Water Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
19 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 comply with, the Colorado
Department of Agriculture Rules and Regulations Pertaining to the Administration and
Enforcement of the Pet and Animal Care and Facilities Act.
20. The applicant shall utilize the existing access or upgrade and improve a new access point,
however, 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-way
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 minimum size required by the County. If the applicant
chooses to place a larger culvert, please contact the Department of Public Works to
adequately size the culvert.
21. 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.
22. The property owner or operator shall be responsible for complying with the Design
Standards of Section 24.5 of the Weld County Zoning Ordinance.
23. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 24.6 of the Weld County Zoning Ordinance.
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
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.
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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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