HomeMy WebLinkAbout20001326.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1269 FOR A BOARDING KENNEL IN THE A (AGRICULTURAL) ZONE
DISTRICT - RONALD AND CATHLEEN NATS
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 28th day
of June, 2000, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Ronald and Cathleen Nats, do Todd Hodges Design, LLC, 2412
Denby Court, Fort Collins, Colorado 80526, for a Site Specific Development Plan and Use by
Special Review Permit #1269 for a Boarding Kennel (35 dogs maximum, and 5 cats maximum)
in the A (Agricultural) Zone District on the following described real estate, to-wit:
Part of the SE1/4 of Section 20, Township 3 North,
Range 68 West of the 6th P.M., Weld County,
Colorado
WHEREAS, said applicant was represented by Todd Hodges, Todd Hodges Design,
LLC, at said hearing, and
WHEREAS, Section 24.4.2 of the Weld County Zoning Ordinance provides standards
for review of said Use by 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 "Prime" lands; however, the size of the parcel
makes it undesirable for farming 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 #1269 - RONALD AND CATHLEEN NATS
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b. Section 24.4.2.2 -- The proposal 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. The surrounding land uses
include agricultural with homes in close proximity north and south of the
site. The Conditions of Approval and Development Standards ensure
that the proposed use will remain compatible with the existing
surrounding land uses.
d. Section 24.4.2.4 -- The use 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
is located within the referral boundary areas of the Town of Mead and the
City of Longmont. The City of Longmont indicated no conflicts. The Town
of Mead did not respond indicating no conflicts with its interests.
e. Section 24.4.2.5 -- The site does not lie within any Overlay District
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 that the soils on this
property are designated "Prime" lands; however, the size of the parcel
makes it undesirable for farming purposes.
g. Section 24.3.1.7 -- 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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Ronald and Cathleen Nats, do Todd Hodges
Design, LLC, for a Site Specific Development Plan and Use by Special Review Permit#1269 for
a Boarding Kennel (35 dogs maximum, and 5 cats maximum) 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 Weld County
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SPECIAL REVIEW PERMIT #1269 - RONALD AND CATHLEEN NATS
PAGE 3
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 submit evidence that the existing well has been
approved by the Division of Water Resources for a commercial use.
B. The applicant shall correct the illegal land split. This may be completed
by a Recorded Exemption and a Subdivision Exemption or another
method approved by the Weld County Department of Planning Services.
C. The applicant shall attempt to comply with requirements of the Mountain
View Fire Protection District.
D. The applicant shall apply for a building permit for the kennel. The building
will be required to meet Weld County Building Inspection criteria as listed
in a referral dated April 12, 2000. If the Weld County Building Inspection
Department determines no building permit is necessary, evidence shall
be submitted to the Weld County Department of Planning Services.
E. The Environmental Health Services Division of the Weld County
Department of Public Health and Environment was unable to locate a
septic permit for the septic system serving the existing structure. The
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 Environmental
Health Services Division of the Weld County Department of Public Health
and Environment. 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 Weld County Department of Public
Health and Environment approval shall be submitted to the Weld County
Department of Planning Services.
F. The plat shall be amended to include the following:
1) Weld County Road 5 is designated on the Transportation Plan
Map as a collector status road, which requires 80 feet of right-of-
way at full build out. There is presently 60 feet of right-of-way. A
total of 40 feet from the centerline of Weld County Road 5 shall be
delineated on the plat as right-of-way reservation for future
expansion of Weld County Road 5. This road is maintained by
Weld County.
2) The type of fencing materials being used to screen the site.
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3) A traffic circulation that is one way in and one way out of the site.
3. The Use by 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 28th day of June, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: Ar
LA' /'.�
�n Barbara 1 Kirkmeyer, Chair
Weld County Clerk to t Bo S rA . 1'
d !' ry` ; 'M �Ge11e P Pro-Tem
( �_ C
Deputy Clerk to the v�); f 7 �
{George Baxter
/
APPROVED AS TO FORM;.. (
Dale ` l �K. all f�
' i �
---Cobnry Attorney
Glenn Vaad✓
2000-1326
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
RONALD AND CATHLEEN NATS
USR #1269
1. The Site Specific Development Plan and Use by Special Review Permit is for a Boarding
Kennel (35 dogs maximum, and 5 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 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. If applicable, the applicant shall obtain a Storm Water Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
9. The facility shall utilize the existing well.
10. Bottled water shall be available to clients.
11. The facility shall maintain a permit from, and comply with, the United States Department of
Agriculture Rules and Regulations Pertaining to the Administration and Enforcement of the
Pet and Animal Care and Facilities Act.
12. Animal and food wastes, bedding, debris and other organic wastes shall be disposed of in
a manner 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. One-way signs shall be posted at the entrance and exit to the site.
14. Dogs shall be kept indoors between 9:00 p.m. and 7:00 a.m.
15. The property owner or operator shall be responsible for complying with the Design
Standards of Section 24.5 of the Weld County Zoning Ordinance.
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DEVELOPMENT STANDARDS - RONALD AND CATHLEEN NATS (USR #1269)
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16. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 24.6 of the Weld County Zoning Ordinance.
17. 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.
18. 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 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.
19. 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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