HomeMy WebLinkAbout20000379.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Stephen Mokray that the following resolution including the deletion of Development Standard #8
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: Kim Ogle
CASE NUMBER: USR-1252
APPLICANT: Charles Graves for Carvey Graves & Sue Hickman
ADDRESS: 7341 Hart Street, Fort Lupton, CO 80621
REQUEST: A Site Specific Development Plan and a Special Review Permit for a kennel fortaisinLand
showing of Hound Group dogs (30 maximum) in the (A)Agricultural zone district.
LEGAL DESCRIPTION: Pt. SW4 Section 27, Township 2 North, Range 66 West of the 6th
P.M., Weld County, Colorado, further described as Lot 1 and Lot 2
Aristocrat Estates, Second Filing
LOCATION: South of and adjacent to Hart; east of and adjacent to Gassier
be recommended favorably to the Board of County Commissioners 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, as amended.
2. It is the opinion of the Planning Commission 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.
This proposal is for the raising and showing of a maximum of thirty (30) dogs (Borzoi)on the
site. This proposal does not include 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 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 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 of
this proposal 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 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 that this proposal
is consistent with the intent of the Agricultural zone district.
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 and have the following existing land uses: residential/agricultural to the
west, east, south and north. All properties have domesticated animals on the property. This
EXHIBIT
L4SL#/zsz- 2000-0379
RESOLUTION, USR-1252
Charles & Rebecca Graves
Page 2
proposal is consistent with A.Policy 4.1.8 of the Weld County Comprehensive Plan, as
amended by clustering the uses on the site to minimize the impacts to the remainder of the
site as well as to the surrounding properties. 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 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 review this proposal and indicated no conflicts with their interests.
e. Section 24.3.1.5 --That the application complies with the Weld County 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 not within any
overlay district.
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 1.98 acre parcel. The proposed uses
are to be located within an existing fenced yard and inside an existing residential structure.
g. Section 24.3.1.7-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, safety 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 Planning Commission's recommendation for approval is conditional 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 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. (Department of Planning
Services)
2. Prior to recording the plat:
A. The applicant shall submit evidence to the Weld County Department of 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.
(Department of Planning Services)
B. The plat shall be amended to show the primary access and parking area for
the facility is from Gassier Avenue. The secondary access onto Cassler Avenue
shall be closed as the road intersects Hart Avenue at a 45° angle that does not
provide safe ingress and egress to the property. (Department of Planning Services)
RESOLUTION, USR-1252
Charles & Rebecca Graves
Page 3
C. A detailed landscaping plan identifying the number, size and species of landscaping
materials/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. (Department of Planning Services)
D. The zoning violation on the above referenced property shall be closed. All
derelict vehicles located on the property must be in running condition with
current license plates, or 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 also be removed from the
property or screened from all adjacent properties and public rights-of-way.
The property is in violation of the Weld County Zoning Ordinance. Further,
the opaque screening surrounding the kennels shall be fixed and be in good
repair. (Department of Planning Services)
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. (Department of Planning Services)
Motion seconded by Bryant Gimlin.
VOTE:
For Passage Against Passage Absent
Cristie Nicklas Fred Walker
Arlan Marrs Bruce Fitzgerald
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 February 1, 2000.
Dated the 1st of February, 2000.
, AAA O-r\
Trisha Swanson
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Garvey Graves& Sue Hickman
USR-1252
A Site Specific Development Plan and a Special Review Permit 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 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 90 of the Weld County
Zoning Ordinance, as amended. (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 Health and Environment)
4. No permanent disposal of wastes shall be permitted at this site. (Department of 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 Health and
Environment)
6. Fugitive dust shall be controlled on this site. (Department of 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, Colorado Revised Statues. (Department of Health and
Environment)
8. The facility shall utilize the existing water supply. (Aristocrat Ranchette Water Project). (Department
of Health and Environment)
9. The facility shall utilize the existing septic system (G19790031). (Department of 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 Health and Environment)
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 minimimized. Such wastes shall
be removed at least weekly, or more frequently, from the facility and hauled by a commercial hauler.
(Department of Health and Environment)
13. The facility shall maintain compliance with Section 45.6 of the Weld County Zoning Ordinance, as
amended. (Department of Health and Environment and Planning Services)
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, as amended. (Department of Health and
Environment and Planning Services)
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, as amended. (Department of Health and
Environment and Planning Services)
16. The facility shall maintain compliance, at all times, with the Fort Lupton Fire Protection District.
(Department of Planning Services)
17. The Special Use Permit does not allow for the boarding of animals not owned by the applicants.
(Department of Planning Services)
18. USR-1252 shall not be transferrable and should the property be conveyed or transferred to different
ownership the Special Review Permit shall be vacated. (Department of Planning Services)
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. (Department of Planning Services)
21. If applicable, the applicant shall obtain a storm water discharge permit from the Colorado Department
of Public Health & Environment, Water Quality Control Division. (Department of Public Health and
Environment)
22. Personnel from the Weld County Health Department and Weld County Planning Department 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 Health and Environment)
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 Planning Commission 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. (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. (Departments of
Planning Services and Health and Environment)
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