HomeMy WebLinkAbout20202895.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR20-0019, FOR A KENNEL (CAT RESCUE SHELTER) IN THE
A (AGRICULTURAL) ZONE DISTRICT - LANCE AND CHERYL MESSINGER
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 30th day of
September, 2020, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Lance and Cheryl Messinger, 9900 Yellowstone Road, Longmont,
Colorado 80504, for a Site Specific Development Plan and Use by Special Review Permit,
USR20-0019, 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 A of Recorded Exemption, RECX18-0015; being part of the
NW1/4 of Section 29, Township 3 North, Range 68 West of the
6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was present and represented by Rosi Dennett,
210 Lincoln Street, Yellowstone Road, Longmont, Colorado 80501, 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. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance 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. 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.
1) Section 22-2-20.G.2 (A.Policy 7.2) states: "Conversion of
agricultural land to nonurban residential, commercial and industrial
uses should be accommodated when the subject site is in an area
that can support such development, and should attempt to be
compatible with the region." The proposal is not changing the
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SPECIAL REVIEW PERMIT (USR20-0019) - CHERYL AND LANCE MESSINGER
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overall look of the property, with the exception of a cat fence and
an opaque fence that will screen from the neighboring properties
and the public right-of-way. The existing landscaping will remain
along with the existing house, keeping the nature of the property
the same. This proposal will help reduce the feral and abandoned
cat populations in Boulder and Weld County, which promotes the
health, safety, and welfare of the Weld County citizens. Additionally,
the Future Land Use Map for the town of Mead shows the area to
the north as potential Mix Use, specifically Residential/Commercial.
2) Section 22-2-20.H (A.Goal 8) states: "Ensure that adequate
services and facilities are currently available or reasonably
obtainable to accommodate the requested new land use change for
more intensive development." There is currently water and septic
service provided to the property. The house on the property is
currently served by the Longs Peak Water District (LPWD). The
applicant submitted a letter dated May 20, 2019, from the LPWD
that stated the existing tap can support the new business and they
are not opposed to the cat shelter. There is a permitted commercial
On-site Wastewater Treatment System (OVVTS), which serves the
existing residence (SP-2000068). The system was sized for a
three (3) bedroom residence, which required a larger system than
what was needed for the cat rescue, according to the engineer
design. Should the rescue revert back to a residence, the system
would be adequately sized.
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, in part: "The A (Agricultural) Zone
District is also intended to provide areas for the conduct of Uses by
Special Review which have been determined to be more intense or
to have a potentially greater impact than Uses Allowed by Right."
This Code section allows the applicant to apply for a USR (Use by
Special Review) Permit.
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.
C. Section 23-2-230.6.3—The Uses which will be permitted will be compatible
with the existing surrounding land uses. There are multiple Use by Special
Review Permits within one (1) mile of the subject property and many more
within two (2) miles. These USRs include one (1) dairy, two (2) RV and
Boat storage facilities, two (2) kennels, and four (4) home businesses. The
municipal limits for the Town of Mead are north of and adjacent to the
subject property and, as stated before, are called out as Mixed Use,
specifically Residential/Commercial, per the Town of Mead's 2018 Future
Land Use Map. The applicant contacted surrounding property owners who
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expressed no concerns with the proposal. The Weld County Department of
Planning Services sent notice to 17 surrounding property owners within 500
feet. Staff received two (2) letters in opposition of the proposal. The first
letter outlined concerns about cats roaming the property. The second letter
did not state any concerns, but mentioned they were not in favor of the cat
rescue.
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 a three (3) mile referral area and
Intergovernmental Agreement Area of the City of Longmont, and the Towns
of Mead and Firestone. All three (3) municipalities had no concerns with
this request.
E. Section 23-2-230.B.5 — The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. The property is not within the
Special Flood Hazard Area, Geologic Hazard Overlay District, Airport
Overlay District or the Municipal Separate Storm Sewer System (MS4)
area. 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 soil designation for the site is "Prime (Irrigated)" and "Irrigated
Land (Not prime)," per the 1979 Soil Conservation Service Important
Farmlands of Weld County Map. The site is not being used for agricultural
production and the small lot size is not suitable for farming, and therefore,
will not being taking any agricultural land out of production.
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 Lance and Cheryl Messinger, for a Site Specific
Development Plan and Use by Special Review Permit, USR20-0019, 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:
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1. Prior to recording the map:
A. The applicant shall address the requirements of the Colorado Department
of Transportation (CDOT), as stated in the referral response dated
August 25, 2020. Written evidence of such shall be submitted to the Weld
County Department of Planning Services.
B. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR20-0019.
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 23-2-240.A.13 of the Weld County Code addresses the
issue of trash collection areas.
5) The map shall delineate the existing landscaping and proposed
screening.
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 and Appendices 23-C, 23-D and 23-E of the
Weld County Code.
8) The map shall delineate the parking area for the volunteers.
9) The applicant shall show the approved Colorado Department of
Transportation (CDOT) access(es) on the site plan and label with
the approved Access Permit number, if applicable.
10) The applicant shall show and label the drainage flow arrows.
11) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
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
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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 Weld County Code Ordinance #2012-3, approved April 30,
2012, should the plat not be recorded within the required 120 days from the date
of the Board of County Commissioners Resolution, a $50.00 recording
continuance charge 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 30th day of September, A.D., 2020.
BOARD OF COUNTY COMMISSIONERS
darthA) ��,,��,,// WELD COUNTY, COLORADO
ATTEST: .�C�ito%e/k. '
Mike Freeman, Chair
Weld County Clerk to the Board
WSteve oreno ro-Tem
BY:
Deputy Clerk to the Board���!►
/ � � Sco K. James
APP D A �t.��/ ` ' i 4.�•
*1:arbara Kirkme -
County Attorney T --.; Jc___ a 7�
\ • Kevin D. Ross
Date of signature: J O/I 3�.
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
LANCE AND CHERYL MESSINGER
USR20-001 9
1. The Site Specific Development Plan and Use by Special Review Permit, USR20-0019, 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 cats, six (6) months of age or older, shall be no more than 60.
4. The parking area on the site shall be maintained.
5. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and
23-E of the Weld County Code.
6. The existing/proposed landscaping and screening on the site shall be maintained.
7. 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.
8. 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.
9. 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.
10. 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.
11. Fugitive dust should attempt to be confined on the property. Uses on the property should
comply with the Air Quality Regulations of the Colorado Air Quality Commission.
12. Any On-site Wastewater Treatment System (OWTS) located on the property must comply
with all provisions of the Weld County Code, pertaining to OWTS.
13. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
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14. 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.
15. The applicant shall comply with the Colorado Department of Agriculture (CDA), Division
of Animal Industry regulations.
16. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
17. 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.
18. The historical flow patterns and runoff amounts on the site will be maintained.
19. Weld County is not responsible for the maintenance of on-site drainage related features.
20. Building Permits may be required, per Section 29-3-10 of the Weld County Code.
Currently, the following have been adopted by Weld County: 2018 International Codes,
2006 International Energy Code, and 2017 National Electrical 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 shall be
required or an Open Hole Inspection.
21. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
22. 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.
23. 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
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.
24. The property owner or operator shall be responsible for complying with all 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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25. 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 persons 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.
26. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the map and recognized at all times.
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