HomeMy WebLinkAbout992732.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
#1244 FOR A KENNEL IN THE A (AGRICULTURAL)ZONE DISTRICT - PATRICIA
HEALY
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
December, 1999, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Patricia Healy, 2725 Appaloosa Avenue, Brighton, Colorado 80601,
for a Site Specific Development Plan and Special Review Permit#1244 for a Kennel in the
A (Agricultural) Zone District on the following described real estate, to-wit:
Lot 3, Block 5, Green Acres Subdivision; located in
part of Section 24, Township 1 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 24.4.2.2 -- The proposal is consistent with the intent of the
A (Agricultural) Zone District. Section 31.4.8 of the Weld County Zoning
Ordinance provides for a kennel as a Use by Special Review in the A
(Agricultural) Zone District.
b. Section 24.4.2.3 -- The proposal will be compatible with the existing
surrounding land uses. Surrounding land uses include large-lot residential
uses. The Green Acres Subdivision is an agriculturally zoned subdivision
that includes many rural uses. This kennel does not present a use which
will substantially detract from the character of the neighborhood.
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SPECIAL REVIEW PERMIT#1244 - PATRICIA HEALY
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c. Section 24.4.2.4 -- The proposed use will be compatible with future
development of the surrounding area as permitted by the existing zoning
and with future development as projected by the Comprehensive Plan or
Master Plans of affected municipalities. In a referral response dated
August 30, 1999, the City of Brighton stated it has no concerns with this
application.
d. 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 County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Patricia Healy for a Site Specific Development
Plan and Special Review Permit#1244 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 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.
2. 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.
3. Prior to Recording the Plat:
a. A Landscaping and Screening Plan shall be submitted to Department of
Planning Services staff. This plan shall include a solid 6-foot fence,
which runs along the north edge of the property from the back side of the
house, west to the property line. Upon staff approval, the plan shall be
placed on the mylar plat to be recorded.
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SPECIAL REVIEW PERMIT#1244 - PATRICIA HEALY
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 8th day of December, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
/��l� COUNTY, C LOR DO
ry '�r4
ATTEST:
-A Dale K. Hall, Chair
Weld County Clerk to the '.oa .wti~vs•
.z. arba : J. Kirkmeyer, Pro-Te i
BY:
Deputy Clerk to the B� .1 U I G14
' Geor. E xter
APPROVED AS TO FORM:/
J. eile
*�6A 7'
aunty Attorn4 /
Glenn Vaad
992732
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
PATRICIA HEALY
USR#1244
1. The Site Specific Development Plan and Special Use Permit is for a Kennel for twelve(12)
adult dogs in the A (Agricultural) Zone District as indicated in application materials on file
and subject to the Development Standards stated herein.
2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld
County Zoning Ordinance.
3. The dogs must remain inside from 9:00 P.M. to 7:00 A.M.
4. The maximum number of adult dogs allowed on this site at any one time shall not exceed
twelve (12).
5. All liquid and solid wastes shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
6. No permanent disposal of wastes shall be permitted at this site.
7. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
8. Fugitive dust shall be controlled on this site.
9. 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.
10. The facility shall utilize the existing well.
11. The facility shall utilize the existing septic system.
12. In the event the facility boards animals, the facility shall receive and 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 Animal Care and Facilities Act.
13. 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
hauler.
14. The solid 6-foot fence, as shown on the approved screening plan, shall be in place within
three months from recording of the plat.
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 - PATRICIA HEALY (USR #1244)
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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 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.
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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