HomeMy WebLinkAbout962127.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
#1128 FOR DOG TRAINING SCHOOL AND HOBBY KENNEL (MAXIMUM 20 DOGS)
IN THE A (AGRICULTURAL) ZONE DISTRICT - KATHRYN WALLING AND J.
HAMMERS
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 27th day
of November, 1996, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Kathryn Walling and J. Hammers, 1204 Weld County Road 7, Erie,
Colorado 80516, for a Site Specific Development Plan and Special Review Permit#1128 for
dog training school and hobby kennel (maximum 20 dogs) in the A (Agricultural) Zone District
on the following described real estate, to-wit:
Located in the SW1/4 of Section 27, Township 1 North,
Range 68 West of the 6th P.M., Weld County, Colorado
WHEREAS, said applicant was represented by J. Hammers 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 24.3.1.1 --That the proposal is consistent with the Weld County
Comprehensive Plan. This proposal is consistent with the Weld County
Comprehensive Plan. This proposal is located within the referral
boundary area for the Town of Erie. Erie reviewed this proposal and
indicated in its referral response that it is in conformance with its
comprehensive plan.
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SPECIAL REVIEW PERMIT#1128 - KATHRYN WALLING AND J. HAMMERS
PAGE 2
b. Section 24.3.1.2 --That the proposal is consistent with the intent of the
district in which the use is located. This proposal is consistent with the
intent of the A (Agricultural) Zone District. The property is zoned
A (Agricultural), and the proposed uses are provided for by approval of a
Use by Special Review Permit. This proposal is consistent with
A.Policy 1 of the Weld County Comprehensive Plan, by locating in the
Agricultural Zone District which was established to protect and promote
the County's agricultural industry.
c. Section 24.3.1.3 --That the uses which would be permitted will be
compatible with the existing land uses. The uses which will be permitted
are compatible with the existing surrounding land uses. The surrounding
properties are zoned A (Agricultural). Department of Planning Services
has not received any calls or letters from surrounding property owners
indicating any concern with this proposal. 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 -- That the uses which would be permitted 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. The
proposed uses will be compatible with future development of the
surrounding area as permitted by the A (Agricultural) Zone District and
with the future development as projected by the comprehensive plan or
master plan of affected municipalities. As stated above the site lies within
the referral boundary of the Town of Erie and this proposal is in
compliance with Erie's Comprehensive Plan.
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. This proposal is not located within the
Overlay District Areas identified by maps officially adopted by Weld
County.
f. Section 24.3.1.6 --That if the use is proposed to be located in the
A (Agricultural) Zone District, that the applicant has demonstrated a
diligent effort has been made to conserve productive agricultural land in
the locational decision for the proposed use. The applicant has
demonstrated a diligent effort to conserve productive agricultural land by
the design of the site. The proposed use will use existing structures.
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SPECIAL REVIEW PERMIT#1128 - KATHRYN WALLING AND J. HAMMERS
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g. Section 24.3.1.7 --That there is adequate provision for the protection of
the health, safety and welfare of the inhabitants of the neighborhood and
the County. The Design Standards (Section 24.5 of the Weld County
Zoning Ordinance), Kennel Standards (Section 45.6 of the Weld County
Zoning Ordinance), Conditions of Approval, and Development Standards
ensure that there is adequate provision 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 Kathryn Walling and J. Hammers for a Site
Specific Development Plan and Special Review Permit#1128 for dog training school and hobby
kennel (maximum 20 dogs) 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 15 days of
approval by the Board of County Commissioners.
2. The applicant shall provide two (2) five-pound, multipurpose fire extinguishers for
the classroom area.
3. The facility shall utilize the existing public water supply.
4. Prior to recording the plat:
a. The applicants shall submit evidence to the Department of Planning
Services that the existing septic system(s) is currently permitted through
the Weld County Health Department or have had an I.S.D.S. evaluation
done. In the event the system(s) is found to be inadequate, the
system(s) must be brought into compliance with current I.S.D.S.
regulations.
b. The applicants shall submit evidence to the Department of Planning
Services that adequate restroom facilities are available for patrons of the
site. In the event the existing septic system(s) is intended to serve the
facility, an evaluation of the system(s) shall be conducted by a Colorado
Registered Professional Engineer. The evaluation shall assess the
adequacy of the system to handle the proposed load. If the system(s) is
found to be inadequate is must be enlarged to handle the load. A copy of
the evaluation shall be provided to the Weld County Health Department
for review. In the event a new septic system is intended to serve the
facility is shall be designed by a Colorado Registered Professional
Engineer in accordance with Weld County I.S.D.S. Regulations.
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SPECIAL REVIEW PERMIT#1128 - KATHRYN WALLING AND J. HAMMERS
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5. The site shall maintain compliance with the Design Standards as listed in Section
24.5 of the Weld County Zoning Ordinance.
6. The site shall maintain compliance with the Operation Standards as listed in
Section 24.6 of the Weld County Zoning Ordinance.
7. The south access to the site shall be closed, in accordance with Weld County's
Access Policy in Ordinance No. 180.
8. 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 27th day of November, A.D., 1996.
BOARD OF COUNTY COMMISSIONERS
_���� ilia,tahWELD COUNTY, COLORADO
4\ L E � FxcuSFn
Barbara J. Kirkmeyer, Chair
c0 I (/:Ii'. my Clerk to the Board --
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eputy Clerk ko the Board
Dale K. Hall
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W. H. Webster
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
KATHRYN WALLING AND J. HAMMERS
USR#1128
1. The Site Specific Development Plan and Special Review Permit is for a dog training
school and hobby kennel (maximum 20 dogs) 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 herein.
2. Approval of this plan may create a vested property right pursuant to Section 90 of the
Weld County Zoning Ordinance.
3. Fugitive dust shall be controlled on this site.
4. All liquid and solid wastes shall be stored and removed for final disposal in a manner
that protects against surface and groundwater contamination.
5. The facility shall be operated in a manner to control flies.
6. No permanent disposal of wastes shall be permitted at this site.
7. The maximum permissible noise level shall not exceed the industrial limit of 55 db(A),
measured according to Section 25-12-102, C.R.S.
8. Waste materials shall be handled, stored, and disposed in a manner that controls
fugitive dust, blowing debris, and other potential nuisance conditions.
9. The applicants shall remove and handle feces and other waste material from the facility
area in a manner that will prevent nuisance conditions.
10. The facility shall maintain compliance with Section 45.6 of the Weld County Zoning
Ordinance.
11. All construction on the property shall be in accordance with the requirements of the
Weld County Building Code Ordinance.
12. The property owner or operator shall be responsible for complying with the Design
Standards of Section 24.5 of the Weld County Zoning Ordinance.
13. The south access to the property shall remain closed in accordance with Ordinance
No. 180.
14. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 24.6 of the Weld County Zoning Ordinance.
15. The site shall maintain compliance, at all times, with any applicable USDA requirements.
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DEVELOPMENT STANDARDS -WALLING AND HAMMERS (USR#1128)
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16. 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 herein and all applicable Weld County regulations.
17. The Special Review area shall be limited to the plans shown herein and governed by the
foregoing standards and all applicable Weld County regulations. Any other changes
shall be filed in the office of the Department of Planning Services.
18. 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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