HomeMy WebLinkAbout980477.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
#1178 FOR A KENNEL FOR RAISING AND TRAINING OF TOY BREED DOGS (30
MAXIMUM) IN THE A (AGRICULTURAL) ZONE DISTRICT - RUSSELL AND
PATRICIA MARTINSON
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 25th day
of March 1998, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Russell and Patricia Martinson, 2983 East 18th Street, Greeley,
Colorado 80631, for a Site Specific Development Plan and Special Review Permit #1178 for a
kennel for raising and training of toy breed dogs (30 maximum) in the A (Agricultural) Zone
District on the following described real estate, to-wit:
Lot A of RE #392 located in the NW'/, SW'/, of
Section 11, Township 5 North, Range 65 West of
the 6th P.M., Weld County, Colorado
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, as amended. This proposal is for the raising and
training of a maximum of 30 dogs (toy breeds) on the site. This proposal
does not include the boarding of others dogs and, therefore, is a kennel
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.
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SPECIAL REVIEW PERMIT#1178 - RUSSELL AND PATRICIA MARTINSON
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b. Section 24.4.2.2 -- This proposal is consistent with the intent of the
A (Agricultural) 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 A (Agricultural) Zone District.
c. Section 24.4.2.3-- The uses which would be permitted are 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 and south;
agriculture to the north. This 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 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 244.2.4 -- The proposed uses will be compatible with future
development of the surrounding area as permitted by the existing zone
districts and with the future development as projected by the
Comprehensive Plan or Master Plan of affected municipalities. The site
is located within the referral boundary area of the City of Greeley, City of
Evans and Town of Garden City. The City of Greeley reviewed this
proposal and supports approval with a condition that the permit be
reviewed in five years for compatibility with the surrounding area. After
discussion with City of Greeley Planning staff and the applicant,
Conditions of Approval and Development Standards were created to
address the compatibility issues. The City of Evans and Town of Garden
City reviewed this proposal and indicated no conflict with their interests.
e. Section 24.4.2.5--A portion of the property lies within the Flood Hazard
Overlay District and the entire property lies within the Airport Overlay
District. The Conditions of Approval and Development Standards ensure
compliance of the property with the overlay districts.
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
1.9 acre parcel. The proposed uses are to be located within an existing
fenced yard and inside the existing residential structure.
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SPECIAL REVIEW PERMIT#1178 - RUSSELL AND PATRICIA MARTINSON
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g. Section 24.4.2.7--The Design Standards, Operation Standards,
Conditions of Approval, and Development Standards ensure that there
are adequate provisions for the protection of 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 Russell and Patricia Martinson for a Site Specific
Development Plan and Special Review Permit#1178 for a kennel for raising and training of toy
breed dogs (30 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 Special Review permit shall be
adopted and placed on the Special Review plat prior to recording the plat. The
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. The applicant shall submit evidence to the Weld County Health
Department that the facility has received a permit from and comply with
the Colorado Department of Agriculture Rules & Regulations Pertaining to
the Administration and Enforcement of the Pet Animal Care and Facilities
Act.
b. The plat shall be amended to show access and parking areas for the
facility.
c. The applicant shall submit to the Department of Planning Services for
review and approval a buffering/noise mitigation plan. Any approved
elements of the plan shall be placed on the plat.
4. The facility shall utilize the existing water supply.
5. Adequate toilet facilities shall be provided for the public.
6. Prior to release of building permits for the future expansion to serve as a garage
and kennel, the applicant shall submit evidence to the Weld County Health
Department that the existing septic system has been 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
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SPECIAL REVIEW PERMIT#1178 - RUSSELL AND PATRICIA MARTINSON
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proposed hydraulic load. In the event the system is found to be inadequately
sized or constructed the system shall be brought into compliance with current
I.S.D.S. Regulations.
7. Prior to release of building permits for separate structures, review of the plans by
the Union Colony Fire/Rescue Authority is required.
8. Prior to release of building permits for structures and/or additions located within
the Flood Hazard Overlay District the submittal of a Flood Hazard Development
Permit application shall be submitted, reviewed and all conditions met.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 25th day of March, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
WE, COUNTY, RA COLODO
ATTEST: �'�� %/ vim , ecl—a.l z
�r canry� fit+ Constance L. _ -rb-rt, Chair
Weld County�Pet �: _!;
°�► ° �/ / ) , 7
c C O ', �4 W. H. bster, pro-Tern
BY:
Deputy Clerk to t
George . Baxter
APP AS "S FS 'M: EXCUSED DATE OF SIGNING (AYE)
Dal K. Hall
C.untyAt ey ?4 J / ,-2
Barbara J. Kirkmeyer
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
RUSSELL AND PATRICIA MARTINSON
USR#1178
1. A Site Specific Development Plan and Special Review Permit#1178 for a Kennel for
raising and training Toy Breed Dogs, as defined by AKC, (30 maximum) in the A
(Agricultural) Zone District as submitted in the application materials on file in the
Department of Planning Services 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 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., as amended.
8. The installation of any septic system within the 100-year flood plain shall comply with the
Weld County I.S.D.S. flood plain policy. In accordance with the Colorado I.S.D.S.
Regulations, no septic systems shall be installed within the floodway.
9. 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 weekly from the facility and hauled by a commercial hauler.
10. The facility shall maintain compliance with Section 45.6 of the Weld County Zoning
Ordinance.
11. The site shall maintain compliance at all times with the Flood Hazard Overlay District.
12. The facility shall maintain compliance at all times with the Airport Overlay District. Prior
to release of building permits for the expansion of existing structures or new structures,
the plans must be reviewed and approved by the Weld/Greeley Airport Authority.
13. The site shall maintain compliance at all times with Sections 24.5 and 24.6 of the Weld
County Zoning Ordinance.
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DEVELOPMENT STANDARDS - RUSSELL AND PATRICIA MARTINSON (USR #1178)
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14. The facility shall maintain compliance, at all times, with the Union Colony Fire/Rescue
Authority.
15. The Special Review Permit does not allow for the boarding of animals not owned by the
applicants.
16. USR#1178 shall not be transferrable and should the property be conveyed or
transferred to different ownership, the Special Review Permit shall be vacated.
17. Dogs shall be kept indoors between the hours of 7:00 p.m. and 7:00 a.m. and on days
that property owner is not present on the property.
18. This permit limits the total number of dogs to 30, including all offspring.
19. Personnel from the Weld County Health Department and Weld County Department of
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 hereon and all applicable Weld County regulations.
20. The Special Review area shall be limited to the plans shown hereon and governed by
the foregoing Standards and all applicable Weld County regulations. Major 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.
21. 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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