HomeMy WebLinkAbout20000378.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
#1252 FOR A KENNEL IN THE A (AGRICULTURAL)ZONE DISTRICT - CARVEY
GRAVES AND SUE HICKMAN
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 8th 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 Carvey Graves and Sue Hickman, 7341 Hart Street, Fort Lupton, Colorado
80621, for a Site Specific Development Plan and Special Review Permit#1252 for a Kennel in
the A (Agricultural) Zone District on the following described real estate, to-wit:
Lots 1 and 2, Block 46, Aristocrat Ranchettes
Subdivision, Second Filing, located in the SW1/4 of
Section 27, Township 2 North, Range 66 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. This proposal is for raising and showing of a
maximum of thirty (30) dogs (Borzoi) on the site; does not allow for the
boarding of others' dogs; and is limited to dogs owned by the applicant.
Further, the kennel is for the purpose of raising more dogs 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.
2000-0378
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SPECIAL REVIEW PERMIT#1252 - CARVEY GRAVES AND SUE HICKMAN
PAGE 2
b. Section 24.4.2.2 -- The proposal is consistent with the intent of the
A (Agriculture) 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 is zoned A
(Agricultural), as are the surrounding properties. This proposal does not
take prime farm ground out of production. Additionally, 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 Standards
ensure 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 are compatible with
the existing agricultural activities and land uses surrounding the site.
The surrounding properties are zoned A (Agricultural) and consist of
residential/agricultural land uses to the west, east, south and north. All
properties have domesticated animals on the property. This proposal is
consistent with A.Policy 4.1.8 of the Weld County Comprehensive Plan,
by clustering the uses on the site to minimize the impacts to the
remainder of the site, as well as to the surrounding properties. 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 Fort Lupton. The Town of Fort
Lupton reviewed this proposal and indicated no conflict with its interests.
e. Section 24.4.2.5 --The property is not within any overlay district.
f. Section 24.4.2.6 -- The applicant has demonstrated a diligent effort to
conserve productive agricultural land. This proposal is located on a 1.98-
acre parcel. The proposed uses are to be located within an existing
fenced yard and inside an existing residential structure.
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.
2000-0378
PL1379
SPECIAL REVIEW PERMIT#1252 - CARVEY GRAVES AND SUE HICKMAN
PAGE 3
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Carvey Graves and Sue Hickman for a Site
Specific Development Plan and Special Review Permit#1252 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 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:
A. 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 Animal Care and Facilities Act.
B. The plat shall be amended to show the primary access and parking area
for the facility is from Casler Avenue. The secondary access onto Casler
Avenue shall be closed, as the road intersects Hart Avenue at a
45-degree angle which does not provide safe ingress and egress to the
property.
C. A detailed Landscaping Plan identifying the number, size and species of
landscaping/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.
D. The above referenced property is currently in violation of the Weld
County Zoning Ordinance. Said zoning violation shall be brought into
compliance. All derelict vehicles located on the property must be in
running condition with current license plates, be screened from all
adjacent properties and public rights-of-way, or be removed from the
property. All other items considered to be a part of a noncommercial
junkyard must be removed from the property or screened from all
adjacent properties and public rights-of-way. Further, the opaque
screening surrounding the kennels shall be repaired and maintained.
3. 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 office of the Weld County Clerk and Recorder.
2000-0378
PL1379
SPECIAL REVIEW PERMIT#1252 - CARVEY GRAVES AND SUE HICKMAN
PAGE 4
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 8th day of March, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: �i iéaj. Lfrr
Weld County Clerk to the Boar
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4.9 r ePro-Te
BY: cc'
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Deputy Clerk to the Bp*-a',
,,4"\\ George E. Baxter
APPROVED AS TO FORM: EXCUSED DATE OF SIGNING (AYE)
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2000-0378
PL1379
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
CARVEY GRAVES AND SUE HICKMAN
USR#1252
1. This Site Specific Development Plan and Special Review Permit#1252 is for a kennel for
raising and showing of Hound Group dogs (30 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 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. 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 25-12-102, C.R.S.
8. The facility shall utilize the existing water supply. (Aristocrat Ranchette Water Project).
9. The facility shall utilize the existing septic system (G19790031).
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.
11. The applicant shall maintain the existing perimeter fencing surrounding the kennel runs in
such a manner as to prohibit the escape of dogs.
12. 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.
13. The facility shall maintain compliance with Section 45.6 of the Weld County Zoning
Ordinance.
14. The property owner or operator shall be responsible for complying with the Design
Standards of Section 24.5 of the Weld County Zoning Ordinance.
2000-0378
PL1379
DEVELOPMENT STANDARDS - CARVEY GRAVES AND SUE HICKMAN (USR#1252)
PAGE 2
15. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 24.6 of the Weld County Zoning Ordinance.
16. The facility shall maintain compliance, at all times, with the Fort Lupton Fire Protection
District.
17. The Special Use Permit does not allow for the boarding of animals not owned by the
applicants.
18. Use by Special Review Permit#1252 shall not be transferrable and should the property be
conveyed or transferred to different ownership the Special Review Permit shall be vacated.
19. Dogs shall be kept indoors between 9:00 p.m. and 7:00 a.m.
20. This permit limits the total number of dogs to 30, including all offspring. The type of dog
shall be a member of the Hound Group.
21. If applicable,the applicant shall obtain a Storm Water Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
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.
2000-0378
PL1379
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