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Home My WebLink About20160489.tiff RESOLUTION RE: APPROVE PARTIAL VACATION OF A MINOR AMENDMENT, MUSR14-0008, TO A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR-2596-SCOTT AND KRISTIE FISHER 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, by Resolution dated April 11, 2007, the Board did approve the request of Scott and Kristin Fisher, for a Site Specific Development Plan and Use by Special Review Permit, USR-1596, for a Kennel (16 dog maximum) in the A (Agricultural) Zone District, on the following described real estate, to-wit: E1/2 NE1/4 of Section 23, Township 6 North, Range 67 West of the 6th P.M., Weld County, Colorado, and WHEREAS, on June 10, 2014,the Department of Planning Services approved the request of Scott and Kristin Fisher, for a Minor Amendment, MUSR14-0008, to a Site Specific Development Plan and Use by Special Review Permit, USR-1596, for a Kennel (to increase the maximum number of dogs allowed from 16 to 30) in the A (Agricultural) Zone District, and WHEREAS, the Board has received a request from the current property owner, Scott Fisher, to partially vacate said Minor Amendment, MUSR14-0008, (formerly permitted as USR-1596) to remove Lot A of Recorded Exemption, RECX15-0100, consisting of 4.00 acres, 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 Department of Planning Services staff and all of the exhibits and evidence presented in this matter and, having been fully informed, deems it advisable to approve said partial vacation, conditional upon the following: 1. Pursuant to Section 23-2-200.G.5 of the Weld County Code, the applicant shall submit a revised plat, titled "Partial Vacation of Minor Amendment, MUSR14-0008, conforming to Section 23-2-260.D of the Weld County Code. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Minor Amendment, MUSR14-0008, be, and hereby is, partially vacated, with the abovementioned condition, with said plat to be titled and recorded as Partial Vacation of Minor Amendment, MUSR14-0008. 2016-0489 �� PL1882 4417354 Pages: 1 of 2 07/24/2018 12:46 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ��1irdRIN r'i[ ' Iii i0 IONIAN�W AIWA "III PARTIAL VACATION OF MINOR AMENDMENT, MUSR14-0008, TO USE BY SPECIAL REVIEW PERMIT, USR-1596-SCOTT AND KRISTIN FISHER PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 1st day of February, A.D„ 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, C LORADO ATTEST: 41tit _ , p;� e.LtQ /.C� arbara Kirkmey , Chair Weld County Clerk to the Board .103 Mike Freeman, Pro-Tern De �y Clerk to the :oard � E� �l�� a an P. Co way AP A test _ e A. Cozad ttorney N is "� 9 Steve Moreno Date of signature: i7 2016-0489 PL1882 4417354 Pages: 2 of 2 07/24/2018 12:46 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, Co h��INN', IV "Ill '86' MEMORANDUM To: Board of County Commissioners , GOUTY From: Diana Aungst, Planner II Subject: Partial vacation of MUSR14-0008— Kennel for Scott and Kristin Fisher Date: February 1, 2016 The Department of Planning Services received the attached letter on January 7, 2016 from Scott Fisher. Mr. Fisher is requesting that MUSR14-0008 be vacated on Lot A of RECX15- 0100. If this partial vacation is approved the applicant will need to submit a revised USR map for MUSR14-0008 per Section 23-2-280 of the Weld County Code. No improvements associated with MUSR14-0008 are located on Lot A of RECX15-0100. The Department of Planning Services is recommending approval of this partial vacation. Background information: Legal Description: Lot B of Recorded Exemption RECX15-0100 Part of E2NE4 of Section 23, T6N, R67W of the 6th P.M., Weld County, CO Location: East of and adjacent to County Road 23 and approximately one-half mile north of County Road 66 (Eastman Park Drive) November 19, 2015: RECX15-0100 was recorded with the Weld County Clerk and Recorder. This recorded exemption split the 13.5 acre parcel that MUSR14-0008 encompassed into Lot A, 4 acres in size and Lot B, 9.5 acres in size. September 11, 2014: An amendment MUS14-0008 was recorded. This amendment approved the increase in the number of dogs allowed in the kennel to 30. This MUSR encompassed the 13.5 acre parcel. 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M36 w jeaaax d!ill :t Cp [ r OLL act-4 c.�s - f K IV le s n KK ._ rX 4 _ < UPZ = cti �� < a All mac, j�s all� � I I 1861 LAND USE APPLICATION SUMMARY SHEET flLr r 0UtJTY Planner: Diana Aungst Hearing: Director Approval Case Number: MUSR14-0008 Applicant: Scott and Kristie Fisher Address: 32614 CR 23, Windsor, CO 80550 Request: A Minor Amendment to a Site Specific Development Plan and Use by Special Review Permit No. 1596 (kennel for 16 dogs of a non-specified breed) to increase the number of dogs allowed from 16 to 30. Legal Lot A of Recorded Exemption RE-3479 being a part of Section 23, T6N, R67W of the Description: 6th P.M., Weld County, CO Location: East of and adjacent to County Road 23 and approximately one-half mile north of County Road 66(Eastman Park Drive) Size of Parcel: +/-12.49 acres Parcel No. 0807-23-1-00-056 POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code. The Department of Planning Services' staff has received referral responses with comments from the following agencies: > Weld County Building Department, referral dated May 13, 2014 ➢ Weld County Department of Planning Services—Engineer, referral dated June 3,2014 > Weld County Department of Public Health and Environment, referral dated May 28, 2014 The Department of Planning Services' staff has received referral responses without comments from the following agencies: > City of Greeley, referral dated May 27, 2014 ➢ School District RE-4, referral dated May 5, 2014 ➢ Weld County Sheriff's Office, referral dated April 29, 2014 ➢ Weld County Zoning Compliance, referral dated April 29, 2014 ➢ Colorado Division of Parks and Wildlife, referral dated May 8, 2014 ➢ Colorado Department of Transportation, referral dated April 29, 2014 ➢ West Greeley Soil Conservation District, referral dated April 30, 2014 The Department of Planning Services' staff has not received responses from the following agencies: ➢ Town of Windsor ➢ Greeley#2 Canal > Town of Severance > Windsor/Severance Fire Protection District MUSR14-0008 Page 1 of 7 SPECIAL REVIEW PERMIT 1861 ADMINISTRATIVE REVIEW f 1J r:. y OUNTY , Planner: Diana Aungst Hearing: Director Approval Case Number: MUSR14-0008 Applicant: Scott and Kristie Fisher Address: 32614 CR 23, Windsor, CO 80550 Request: A Minor Amendment to a Site Specific Development Plan and Use by Special Review Permit No. 1596 (kennel for 16 dogs of a non-specified breed) to increase the number of dogs allowed from 16 to 30. Legal Lot A of Recorded Exemption RE-3479 being a part of Section 23, T6N, R67W of the Description: 6th P.M., Weld County, CO Location: East of and adjacent to County Road 23 and approximately one-half mile north of County Road 66 (Eastman Park Drive) Size of Parcel: +/-12.49 acres Parcel No. 0807-23-1-00-056 Case Summary: The applicant is proposing a minor amendment to a USR-1596 for a kennel/dog rescue to increase the number of dogs allowed from 16 to 30. The kennel and house is served by North Weld County Water District and there is an existing septic system, Permit No. SP-0600275. The copy will be kept indoors at night to minimize noise. The applicant provided a c py of their PAFCA license for 2013 (expiration date of February 28, 2014). A copy of the current PAFCA Public Health and is required to beprovided to the Weld County Department of Pub c e license eq p Environment. THE DEPARTMENT OF PLANNING SERVICES' DIRECTOR APPROVES THIS APPLICATION FOR THE FOLLOWING REASONS: 1. The proposed change(s) will be compatible with existing and allowed uses in the surrounding area and be in harmony with the neighborhood. The applicant is proposing a minor amendment to a USR-1596 for a kennel/dog rescue to increase the number of dogs allowed from 16 to 30. The original USR was approved in 2008. The Weld County Department of Planning Services received one letter from a surrounding property owner who had concerns about the RVs being parked on the property. The applicant has stated that the RV storage is not a business. It appears that this kennel is compatible with the surrounding area. 2. The proposed change(s) is consistent with the County Comprehensive Plan pursuant to Chapter 22 of the Weld County Code. Section 22-2-20.G.7 - 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." MUSR14-0008 Page 2 of 7 The applicant is proposing a minor amendment to a USR-1596 for a kennel/dog rescue to increase the number of dogs allowed from 16 to 30. The Weld County Department of Planning Services received one letter from a surrounding property owner who had concerns about the RVs being parked on the property. The applicant has stated that the RV storage is not a business. It appears that this kennel is compatible with the surrounding area. 3. The proposed change(s) will not result in a substantial adverse impact on the other property in the vicinity of the subject property. The applicant is proposing a minor amendment to a USR-1596 for a kennel/dog rescue to increase the number of dogs allowed from 16 to 30. It appears that this kennel is compatible with the surrounding area as the Weld County Department of Planning Services has not received any comments from the surrounding property owners regarding the proposed modification. 4. The recommendations of the referral agencies have been considered. The attached Development Standards and Conditions of Approval address the requirements of the referral agencies. 5. Not deemed to be a major change. A Pre-Application (PRE14-0012) meeting was held on January 24, 2014. In discussions with the Weld County Department of Planning Services, the Weld County Public Department of Public Health and Environment, the Weld County Department of Public Works, and the Weld County Building Department it was determined that the proposed modifications are consistent with the existing permit and minor in nature. 6. Must be consistent with the original development standards. The applicant is proposing a minor amendment to a USR-1596 for a kennel/dog rescue to increase the number of dogs allowed from 16 to 30. The remainder of the development standards have been updated to reflect the code and development standard revisions that have occurred since USR-1596 was approved in 2008. The updated development standards are consistent with the original USR-1596 development standards. This approval is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. A copy of the Pet Animal Care Facilities Act (PACFA) license, from the Colorado Department of Agriculture, shall be provided to Environmental Health Services, Weld County Department of Public Health & Environment. 2. In the event the applicant intends to utilize the existing septic system at the home, for kennel use, the septic system shall be 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 proposed hydraulic load. The review shall be submitted to the Environmental Health Services Division of the Weld County Department of Public Health and Environment. The sink in the kennel building shall be connected to a septic system. In the event the system is found to be inadequately sized or constructed, the system shall be brought into compliance with current regulations. Alternately, a new septic system may be installed for kennel use. 3. Prior to recording the plat. A. The plat shall be amended to delineate the following: 1) All sheets of the plat shall be labeled MUSR14-0008. 2) The attached Development Standards. MUSR14-0008 Page 3 of 7 3) The plat shall be prepared per Section 23-2-260.D of the Weld County Code. 4) County Road 23 is designated on the Weld County Road Classification Plan as a collector road, which requires 80 feet of right-of-way at full build out. There is currently 60 feet of right of way. The applicant shall show 10 feet of future right of way. The applicant shall verify and delineate on the plat the existing right-of-way and the documents creating the right-of-way. All setbacks shall be measured from the edge of future right-of-way. This road is maintained by Weld County. 5) Show the existing access point on the Plat and label it with the Access Permit number AP 14-00092. 4. Upon completion of Condition of Approval #1 above, the applicant shall submit three (3) paper copies or one (1) electronic copy (.pdf) of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the plat the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 23-2- 260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty (60) days from the date the administrative review was signed. The applicant shall be responsible for paying the recording fee. 5. In accordance with Weld County Code Ordinance 2006-7 approved June 1, 2006, should the plat not be recorded within the required sixty (60) days from the date the administrative review was signed a$50.00 recording continuance charge shall added for each additional 3 month period. 6. The Department of Planning Services respectfully requests a digital copy of this Use by Special Review, as appropriate. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB). The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable). This digital file may be sent to mapsaco.weld.co.us. 7. The Use by Special Review 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. By Date June 10, 2014 Tom Parko-Planning Director MUSR14-0008 Page 4 of 7 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Scott and Kristie Fisher MUSR14-0008 1. A Minor Amendment to a Site Specific Development Plan and Use by Special Review Permit No. 1596 (kennel for 16 dogs of a non-specified breed) to increase the number of dogs allowed from 16 to 30, 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 employees shall be commensurate with the number of persons which the septic system may accommodate in accordance with the requirements of the Weld County Code, pertaining to Individual Sewage Disposal Systems(I.S.D.S.) Regulations. 4. The hours of operation are 8:00 a.m. — 8:00 p.m. Monday through Sunday, as stated by the applicant. 5. The maximum number of dogs allowed is thirty (30). Dogs over the age of six (6) months are counted towards the maximum number in accordance with Section 23-1-90 of the Weld County Code. (Department of Planning Services) 6. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. All vegetation, other than grasses, needs to be maintained at a maximum height of 12 inches until the area is completely developed. 7. The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to run-off rate and velocity increases, diversions, concentration and/or unplanned ponding of storm run-off. 8. The applicant must take into consideration storm water quality and provide accordingly for best management practices. 9. Weld County is not responsible for the maintenance of drainage related features. This must be addressed by the owner. 10. There shall be no parking or staging of vehicles on County roads. On-site parking shall be utilized. 11. 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. Such wastes shall be removed at least weekly from the facility and disposed by a commercial hauler. 12. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended)shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 13. 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, 30-20-100.5, C.R.S., as amended. 14. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The facility shall operate in accordance with the approved"waste handling plan", at all times. MUSR14-0008 Page 5 of 7 15. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall operate in accordance with the approved"dust abatement plan", at all times. 16. This facility shall adhere to the maximum permissible noise levels allowed in the Non Specified Zone as delineated in Section 14-9-30 of the Weld County Code. 17. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of the facility, at all times. 18. Sewage disposal for the facility shall be by septic system. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems. 19. The facility shall utilize the existing public water supply(North Weld County Water District). 20. The applicant shall comply with the Colorado Department of Agriculture(CDA), Division of Animal Industry regulations. 21. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. 22. 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. 23. Building permit maybe required, per Section 29-3-10 of the Weld County Code. Currently the following has been adopted by Weld County: 2012 International Codes; 2006 International Energy Code; 2011 National Electrical Code; A building permit application must be completed and two 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 registered State of Colorado engineer shall be required or an open hole inspection. 24. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 25. 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. 26. 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. 27. 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. 28. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without MUSR14-0008 Page 6 of 7 neighboring farms,those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural activities will generate off-site impacts, including noise from tractors and equipment; slow-moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5- 102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. MUSR14-0008 Page 7 of 7 Hello