HomeMy WebLinkAbout20160682.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR15-0074, FOR A KENNEL (DOG AND CAT RESCUE FACILITY WITH A
MAXIMUM OF 50 CATS/DOGS) IN THE A (AGRICULTURAL) ZONE DISTRICT - EDIE
AND STEVEN MESSICK
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 17th day of
February, 2016, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Edie and Steven Messick, 7731 CR 100, Wellington, CO 80549, for a
Site Specific Development Plan and Use by Special Review Permit, USR15-0074, for , for a
Kennel (dog and cat rescue facility with a maximum of 50 cats/dogs) in the A (Agricultural) Zone
District, on the following described real estate, being more particularly described as follows:
Lot A of Recorded Exemption, RE-3384; being part
of the W1/2 SE1/4 of Section 29, Township 9 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the Board deemed it necessary to continue the matter to
March 2, 2016, to allow the applicant time to present to the Planning Commission, which was
rescheduled due to inclement weather.
WHEREAS, on March 2, 2016, at said hearing, 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. 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.
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SPECIAL REVIEW PERMIT (USR15-0074) - EDIE AND STEVEN MESSICK
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1) Section 22-2-150.D (A Goal 4) states: "Conversion of agricultural
land to nonurban residential, commercial and industrial uses will be
accommodated when the subject site is in an area that can support
such development. Such development shall attempt to be
compatible with the region." The applicant is proposing a rescue
facility for up to fifty (50) dogs and cats. A Development Standard
is attached requiring the animals to be kept indoors during nighttime
hours.
B. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.H of the Weld County
Code allows for A Site Specific Development Plan and Use by Special
Review Permit for kennels in the A (Agricultural) Zone District.
C. Section 23-2-230.B.3 --The uses which will be permitted will be compatible
with the existing surrounding land uses. The proposed kennel facility is
located in a rural area and is adjacent to rural properties with single-family
residences. The nearest residence is located approximately 650 feet from
the property. An additional five (5) single family residences are located
within a 1/2 mile of the site. Staff has received correspondence from a
neighboring property owner expressing concern with barking/noise from
the dogs. Staff is requiring that dogs be kept indoors during nighttime hours
(7:00 p.m. to 7:00 p.m.). Additionally, the facility is required to meet the
strictest noise standard (residential) per the Weld County Code.
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 not located within a three (3) mile referral area of
any municipality, nor is it located within any existing Intergovernmental
Agreement Area (IGA) of a municipality.
E. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. The site is not in a floodplain.
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 proposed facility is located on approximately 10 acres delineated
as High Potential Dry Cropland (Prime if they become irrigated), per the
1979 Soil Conservation Service Important Farmlands of Weld County Map.
The proposed kennel facility will be using existing building, structures and
developed areas on the property.
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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 Edie and Steven Messick, for a Site Specific
Development Plan and Use by Special Review Permit, USR15-0074, for a Kennel (dog and cat
rescue facility with a maximum of 50 cats/dogs) in the A (Agricultural) Zone District, on the parcel
conditions:
of land described above be, and hereby is, granted subject to the followingco d
1. Prior to recording the map:
A. Septic Permit, SP-1500326, shall receive final approval from
Environmental Health Services, Weld County Department of Public Health
and Environment. The system shall be installed and permitted according to
the Weld County On-site Wastewater Treatment System Regulations
(OWTS).
B. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR15-0074.
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 screened trash collection areas.
5) Show and label the approved Access Permit (AP#15-00565).
6) Show and label all recorded easements on the map by book and
page number or reception number and date on the site plan.
2. Upon completion of Condition of Approval#1 above, the applicant shall submit one
(1) paper copies or 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 one hundred twenty (120) days from the
date of the Board of County Commissioners Resolution. The applicant shall be
responsible for paying the recording fee.
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3. In accordance with Weld County Code Ordinance #2012-3, approved
April 30, 2012, should the map not be recorded within the required one hundred
twenty (120)days from the date of the Board of County Commissioners Resolution,
a $50.00 recording continuance charge shall added for each additional three (3)
month period.
4. 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 maps@co.weld.co.us.
5. 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 map
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 2nd day of March, A.D., 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: d2 (
Mike Freeman, Chair
Weld County Clerk to the Board
Sean P Conway, Pro-T m
BY:
D-"!Sty Clerk to the oar,F
ulie • . Cozad
APPROVED AS TO FOR 1861 I� "4:1‘•
'• !� 72i
469 ), ._ !rbara Kirkmeyer
County Attorney t
Date ��1�
Steve Moreno
of signature:
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
EDIE AND STEVEN MESSICK
USR15-0074
1. The Site Specific Development Plan and Use by Special Review Permit, USR15-0074, is
for a Kennel (dog and cat rescue facility with a maximum of 50 cats/dogs) 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. Fifty (50) is the maximum number of dogs and cats. Dogs and cats over the age of six (6)
months are counted towards the maximum numbers described above in accordance with
Section 23-1-90 of the Weld County Code.
4. 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.
5. 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.
6. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, Section 30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a
manner that protects against surface and groundwater contamination.
7. 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, Section 30-20-100.5, C.R.S.
8. 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.
9. 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.
10. This facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone District, as delineated in 25-1-103 C.R.S.
11. Adequate drinking, handwashing and toilet facilities shall be provided for employees and
patrons of the facility, at all times. The facility shall utilize the existing private water supply
(commercial well).
12. 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
On-site Wastewater Treatment Systems.
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13. The property owner or operator shall comply with the Colorado Department of Agriculture
(CDA), Division of Animal Industry Regulations. A copy of current Pet Animal Care
Facilities Act (PACFA) shall be on the site at all times.
14. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
15. 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.
16. The property owner or operator shall be responsible for controlling the noxious weeds,
pursuant to Chapter 15, Articles I and II, of the Weld County Code.
17. The historical flow patterns and runoff amounts will be maintained to the site.
18. There shall be no parking or staging of vehicles on County roads. On-site parking shall be
utilized.
19. Access to the site shall be maintained to mitigate any impacts to the public road, including
damages and/or off-site tracking.
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: 2012 International Codes,
2006 International Energy Code, and 2014 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.
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24. 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.
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 person moving into these areas must
recognize the various impacts associated with this development. Often times, 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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