HomeMy WebLinkAbout20230449.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR22-0031, FOR A KENNEL (CAT RESCUE SHELTER) IN THE
A (AGRICULTURAL) ZONE DISTRICT - BRENDA HART
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, a public hearing was scheduled for the 22nd day of February, 2023, at the
hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of
Brenda Hart, 15607 Caroline Avenue, Fort Lupton, Colorado 80621, for a Site Specific
Development Plan and Use by Special Review Permit, USR22-0031, for a Kennel (cat rescue
shelter) in the A (Agricultural) Zone District, on the following described real estate, being more
particularly described as follows:
Lot 5, Block 22 of Aristocrat Ranchettes Inc.
Subdivision; being part of Section 27,
Township 2 North, Range 66 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, on February 22, 2023, the Weld County Offices were closed due to inclement
weather conditions and the hearing was moved to the following Wednesday, March 1, 2023, per
the updated and published Agenda, and
WHEREAS, the applicant was present, and
WHEREAS, Section 23-2-230 of the Weld County Code 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 recommendation 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 23-2-260 of the Weld County Code.
2. The applicant has demonstrated that the request is in conformance with
Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.B.1 — The proposed use is consistent with Chapter 22
and any other applicable Code provisions or ordinance in effect.
1) Section 22-2-10.B states: "Respecting Private Property Rights. One
of the basic principles upon which the United States was founded
is the right of citizens to own and utilize property so long as that use
complies with local regulations and does not interfere with or
infringe upon the rights of others." The request to utilize the
cc: PL (Tp/MN) cA (Km), A PPL . 2023-0449
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SPECIAL REVIEW PERMIT (USR22-0031) — BRENDA HART
PAGE 2
residential platted parcel located on non -agriculturally productive
land for a cattery and small kennel, as well as on -going residential
use, is in line with this Section of the Comprehensive Plan. The
property owner's business will comply with local regulations and
does not appear to interfere with, or infringe upon, the rights of
others.
2) Section 22-2-30.C.1 states: "Transition between land use types and
intensities with buffers. Uses that are incompatible with existing
uses must be able to mitigate conflicts." The proposal is not
changing the overall look of the property. The existing landscaping
will remain, along with the existing house and outbuildings, keeping
the nature of the property the same. This proposal will help reduce
the feral and abandoned cat populations in Weld County, which
promotes the health, safety, and welfare of the Weld County
citizens.
B. Section 23-2-230.6.2 — The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 23-3-10 — Intent, states: "Agriculture in the County is
considered a valuable resource which must be protected from
adverse impacts resulting from uncontrolled and undirected
business, industrial and residential land uses. The A (Agricultural)
Zone District is established to maintain and promote agriculture as
an essential feature of the county. The A (Agricultural) Zone District
is intended to provide areas for the conduct of agricultural activities
and activities related to agriculture and agricultural production, and
for areas for natural resource extraction and energy development,
without the interference of other, incompatible land uses."
2) Section 23-3-40.N — Uses by Special Review, of the Weld County
Code allows for a "kennel" in the A (Agricultural) Zone District. This
Code Section, in essence, supports the proposed USR application,
as the proposed operation is controlled and does not interfere with
agricultural activities or other Use by Right activities. Weld County
Code Section 23-3-40.N allows for a cattery and kenneling, and
supporting activities for more than four (4) cats with approval of a
Use by Special Review Permit.
C. Section 23-2-230.B.3 — The uses which will be permitted will be compatible
with the existing surrounding land uses. The adjacent lands consist of
one (1) acre residential lots, all platted within Aristocrat Ranchettes
Subdivision, 1st Filing, with the exception of the southern lots, that are
platted within Aristocrat Ranchettes 2nd Filing. There are eight (8) lots
located in Block 22 of the subdivision. All adjacent lots contain residences
and the subject property, including the subject structures, is compatible
with the surrounding properties. The subject property has a residence on it
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and does not currently have a Use by Special Review Permit. There are
several Use by Special Review Permits within one (1) mile of the subject
property, with most being within Aristocrat Ranchettes. They include, but
are not limited to, one (1) 300 -foot telecommunication tower, one (1) public
utility water system, one (1) concrete repair business, one (1) auction site,
one (1) oil and gas support and service, one (1) auto repair business,
five (5) accessory structures over four percent (4%), and five (5) kennels.
The applicant contacted surrounding property owners (SPOs) and received
no concerns with the proposal. The Weld County Department of Planning
Services sent notice to 52 SPOs within 500 feet of the subject property and
no correspondence was received back regarding the proposed application.
Additionally, there were no emails or phone calls received regarding the
proposed application. Staff did receive seven (7) letters of support for the
proposal with the initial submittal. The proposed use is in an area that can
support this development and the existing screening, Conditions of
Approval, and Development Standards will assist in mitigating the impacts
of the facility on the adjacent properties and ensure compatibility with
surrounding land uses and the region.
D. Section 23-2-230.B.4 — The uses 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
Chapter 22 of the Weld County Code and any other applicable Code
provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The site is located within the three (3) mile referral area of
the City of Fort Lupton, who did not return a referral. The site is located
within the Fort Lupton Coordinated Planning Agreement (CPA) area. As
part of the pre -application process a Notice of Inquiry Form (NOI) was
provided to the City of Fort Lupton, which returned a signed NOI, dated
August 19, 2022, and stated the City of Fort Lupton has no interest in
annexation at this time.
E. Section 23-2-230.6.5 — The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. The property is not within any
recognized overlay districts, including the Geologic Hazard Overlay
District, the Special Flood Hazard Development Overlay area, the Airport
Overlay District, Historic Townsites Overlay District, 1-25 Overlay District,
or Agricultural Heritage Overlay District. The property is located in the
Municipal Separate Storm Sewer System (MS4) area. Although located
within this overlay district, per the Development Review referral, dated
November 15, 2022, no MS4 requirements are triggered at this time.
Building Permits issued on the lot will be required to adhere to the fee
structure of the County -Wide Road Impact Fee, County Facility Fee, and
Drainage Impact Fee Programs.
F. Section 23-2-230.B.6 — The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The site contains soils designated as "Other", per the 1979 Soil
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Conservation Service Important Farmlands of Weld County Map. The
subject site is not used for agricultural purposes and will not further remove
any active farm ground from production. The proposed USR is located in a
developed residential subdivision.
G. Section 23-2-230.B.7 — The Design Standards (Section 23-2-240, Weld
County Code), Operation Standards (Section 23-2-250, Weld County
Code), Conditions of Approval and Development Standards can 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 Brenda Hart, for a Site Specific Development Plan and
Use by Special Review Permit, USR22-0031, for a Kennel (cat rescue shelter) in the
A (Agricultural) Zone District, on the parcel of land described above, be, and hereby is, granted
subject to the following conditions:
1. Prior to recording the map:
A. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR22-0031.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) The applicant shall delineate the trash collection areas on the map.
Section 23-3-350.H of the Weld County Code addresses the issue
of trash collection areas.
5) The map shall delineate the existing landscaping.
6) The map shall delineate the lighting, if applicable.
7) All signs shall be shown on the map and shall adhere to Chapter 23,
Article IV, Division 2, of the Weld County Code.
8) The map shall delineate the off-street parking area for the
volunteers.
9) Henry Street and Caroline Avenue are gravel roads and are
designated on the Weld County Functional Classification Map as
local roads, which require 60 feet of right-of-way at full buildout. The
applicant shall delineate and label the future and existing rights -of -
way (along with the documents creating the existing rights -of -way)
and the physical location of the roads on the site map. All setbacks
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shall be measured from the edge of the right-of-way. These roads
are maintained by Weld County.
10) The applicant shall show and label the preliminarily approved
access locations onto Caroline Avenue and Henry Street.
11) The applicant shall show and label the drainage flow arrows.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld
County Department of Planning Services. Upon approval of the map the applicant
shall submit a Mylar map along with all other documentation required as Conditions
of Approval. The Mylar map shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of Planning Services. The map shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld
County Code. The Mylar map and additional requirements shall be submitted
within 120 days from the date of the Board of County Commissioners Resolution.
The applicant shall be responsible for paying the recording fee.
3. In accordance with Appendix 5-J of the Weld County Code, should the map not be
recorded within the specified timeline from the date of the Board of County
Commissioners Resolution, a $50.00 recording continuance fee shall be added for
each additional three (3) month period.
4. The Use by Special Review Permit is not perfected until the Conditions of Approval
are completed and the map is recorded. 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 or the applicant has been approved for an early release agreement.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 1st day of March, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: do,A44) v• �C1lD•�
Weld County Clerk to the Board
County At orney
Date of signature: 03 /I`-i /2
'rat
Mikes_Rc eman, Chair
O/Z
erry . Buff, Pro-Tem
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
BRENDA HART
USR22-0031
1 Site Specific Development Plan and Use by Special Review Permit, USR22-0031, is for a
Kennel (cat rescue shelter) in the A (Agricultural) Zone District, subject to the Development
Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. The number of on -site volunteers shall be no more than five (5).
4. The number of cats, six (6) months of age or older, shall be no more than 50.
5. The parking area on the site shall be maintained.
6. All signs shall adhere to Chapter 23, Article IV, Division 2, of the Weld County Code.
7. The existing landscaping and screening on the site shall be maintained.
8. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties where such would cause a nuisance or interfere with the use on the adjacent
properties in accordance with the plan. Neither the direct, nor reflected, light from any light
source may create a traffic hazard to operators of motor vehicles on public or private
streets. No colored lights may be used which may be confused with, or construed as,
traffic control devices.
9. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, C.R.S. §30-20-100.5) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
10. No permanent disposal of wastes shall be permitted at this site. This is not meant to
include those wastes specifically excluded from the definition of a solid waste in the Solid
Wastes Disposal Sites and Facilities Act, C.R.S. §30-20-100.5.
11. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions. The applicant shall operate in accordance with Chapter 14, Article I of the Weld
County Code. The accepted Waste Handling Plan shall be adhered to.
12. Fugitive dust should attempt to be confined on the property. Uses on the property should
comply with the Colorado Air Quality Commission's Air Quality Regulations.
13. Any On -site Wastewater Treatment Systems (OWTS) located on the property must
comply with all provisions of the Weld County Code, pertaining to OWTS.
14. Any additional hydraulic load to the existing OWTS (SP -0701103), that exceeds six (6)
people, will require an Evaluation from a Colorado Registered Professional Engineer. The
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engineer's evaluation shall be submitted to the Weld County Department of Public Health
and Environment. In the event the system is found to be inadequate, the system must be
brought into compliance with current Weld County OWTS Regulations.
15. A permanent, adequate water supply shall be provided for drinking and sanitary purposes,
as applicable.
16. Animal and feed wastes, bedding, debris, and other organic wastes shall be disposed of
so that vermin infestation, odors, disease hazards, and nuisances are minimized.
17. The applicant shall comply with the Colorado Department of Agriculture (CDA), Division
of Animal Industry regulations.
18. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
19. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
20. This site is located in the MS4 area and is subject to the regulations of the State -issued
MS4 Permit.
21. The historical flow patterns and runoff amounts on the site will be maintained.
22. Building Permits may be required for any new construction, set up of manufactured
structures, or change of use of existing buildings, per Section 29-3-10 of the Weld County
Code. Buildings and structures shall conform to the requirements of the various codes
adopted at the time of permit application. Currently, the following have been adopted by
Weld County: 2018 International Building Codes, 2018 International Energy Code,
2020 National Electrical Code, and Chapter 29 of the Weld County Code. A Building
Permit application must be completed and two (2) complete sets of engineered plans,
bearing the wet stamp of a Colorado registered architect or engineer, must be submitted
for review. A Geotechnical Engineering Report, performed by a Colorado registered
engineer, or an Open Hole Inspection shall be required. A Building Permit must be issued
prior to the start of construction.
23. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
24. Necessary personnel from the Weld County Departments of Planning Services, Public
Works, and Public Health and Environment 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 Conditions of Approval and Development Standards stated herein and all
applicable Weld County regulations.
25. 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
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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.
26. 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.
27. Construction or Use pursuant to approval of a Use by Special Review Permit shall be
commenced within three (3) years from the date of approval, unless otherwise specified
by the Board of County Commissioners when issuing the original Permit, or the Permit
shall be vacated. The Director of the Department of Planning Services may grant an
extension of time, for good cause shown, upon a written request by the landowner.
28. A Use by Special Review shall terminate when the use is discontinued for a period of
three (3) consecutive years, the use of the land changes or the time period established by
the Board of County Commissioners through the approval process expires. The landowner
may notify the Department of Planning Services of a termination of the use, or Planning
Services staff may observe that the use has been terminated. When either the Department
of Planning Services is notified by the landowner, or when the Department of Planning
Services observes that the use may have been terminated, the Planner shall send certified
written notice to the landowner asking that the landowner request to vacate the Use by
Special Review Permit.
29. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of
the most abundant mineral resources, including, but not limited to, sand and gravel, oil,
natural gas, and coal. Under Title 34 of the Colorado Revised Statutes, minerals are vital
resources because (a) the state's commercial mineral deposits are essential to the state's
economy; (b) the populous counties of the state face a critical shortage of such deposits;
and (c) such deposits should be extracted according to a rational plan, calculated to avoid
waste of such deposits and cause the least practicable disruption of the ecology and
quality of life of the citizens of the populous counties of the state. Mineral resource
locations are widespread throughout the County and people moving into these areas must
recognize the various impacts associated with this development. Oftentimes, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these
resources are protected property rights and mineral owners should be afforded the
opportunity to extract the mineral resource.
30. The Weld County Right to Farm Statement, as it appears in Section 22-2-30.A.4.a of the
Weld County Code, shall be placed on the map and recognized at all times.
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