HomeMy WebLinkAbout20152089.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR15-0019, FOR A KENNEL (UP TO 35 DOGS) IN THE
A (AGRICULTURAL) ZONE DISTRICT- ANNE BACKSTROM
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 22nd day
of July, 2015, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Anne Backstrom, 14230 CR 36, Platteville, CO 80651, for a Site
Specific Development Plan and Use by Special Review Permit, USR15-0019, for a Kennel (up
to 35 dogs) in the A (Agricultural) Zone District, on the following described real estate, being
more particularly described as follows:
Lot C of Recorded Exemption, RECX11-0014;
being part of the NW1/4 of Section 9, Township 3
North, Range 66 West of the 6th P.M., Weld
County, Colorado
WHEREAS, at said hearing, the applicant was present and represented by Rose Netto,
2127 Genoa Court, Loveland, CO 80538, 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.
1) Section 22-2-15.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." Traffic to the site will be minimal.
Visitors to the site are by appointment only. A Development
0,11-I G,1-k Apt c°.1 8/1O 2015-2089
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SPECIAL REVIEW PERMIT (USR15-0019) -ANNE BACKSTROM
PAGE 2
Standard has been attached requiring the dogs 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 23-2-230.6.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The site is adjacent to
four (4) rural residential properties to the west and to the east. The
nearest residence is located approximately 850 feet to the east of the site.
There are two (2) existing kennel facilities (approved under USR-1748
and 1756 respectively) to the east and west of the property. No letters,
phone calls or e-mails have been received from surrounding property
owners in regards to this case. Visitors to the site are by appointment
only. A Development Standard has been attached requiring the dogs to
be kept indoors during nighttime hours.
D. Section 23-2-230.6.4 -- 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 areas of
the Towns of Gilcrest and Platteville. No referral response was received
from either town.
E. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. 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 119
acres delineated as "Prime" and "Prime if Irrigated," per the 1979 Soil
Conservation Service Important Farmlands of Weld County Map. The
proposed kennel buildings are located in a fenced area and are adjacent
to the existing residence and outbuildings on the property.
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.
2015-2089
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SPECIAL REVIEW PERMIT (USR15-0019) -ANNE BACKSTROM
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Anne Backstrom, for a Site Specific Development
Plan and Use by Special Review Permit, USR15-0019, for a Kennel (up to 35 dogs) 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 applicant shall attempt to address the requirements of the
Platteville-Gilcrest Fire Protection District, as stated in the referral
response dated April 7, 2015. 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 USR15-0019.
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.
Section 23-3-350.H of the Weld County Code addresses the issue
of trash collection areas.
5) All signs shall be shown and shall adhere to Chapter 23, Article
IV, Division 2 and Appendices 23-C, 23-D and 23-E of the
6) County Road (CR) 29 and CR 36 are gravel roads and are
designated on the Weld County Road Classification Plan as Local
roads, which require 60 feet of right-of-way at full buildout. The
applicant shall verify and delineate the future and existing
right-of-way and the documents creating the existing right-of-way.
If the existing right-of-way cannot be verified, it shall be dedicated.
All setbacks shall be measured from the edge of future right-of-
way. This road is maintained by Weld County.
7) Show the approved access(es) and label with the approved
Access Permit Number (AP15-00169).
8) Show the accepted water quality feature with volume and label as
WATER QUALITY FEATURE, NO-BUILD OR STORAGE AREA.
9) Show and label the drainage flow arrows, turning radii, parking
and circulation.
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2. Upon completion of Condition of Approval #1 above, the applicant shall submit
an electronic version (.pdf), or one (1) paper copy, of the plat to the Weld County
Department of Planning Services for preliminary approval. The plat shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld
County Code. 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 and additional requirements shall be submitted within one hundred twenty
(120) days from the date of the Board of County Commissioners Resolution. The
Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder
by the Department of Planning Services. 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 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. Prior to Operation:
A. Septic Permit Number SP-1500073 shall receive final approval from the
Environmental Health Services Division of the Weld County Department
of Public Health and Environment.
6. 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.
2015-2089
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SPECIAL REVIEW PERMIT (USR15-0019) - ANNE BACKSTROM
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 22nd day of July, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: didditi
&o( �� EXCUSED
Barbara Kirkmeyer, Chair
Weld County Clerk to the Be-0 .."''*4,% �I ' �`�`�'
/ ,AN, aLz•, ���
/ .0r �:, Mike Freeman, Pro Tem
De ut Cler/to the r '`.T1 ` :ADV ' NIS
.7rr 1 Sean P. Con ay
ED FOR4IP l_� + u
.;,....�. Julie A. Cozad
\ y-4(
my Attorney
7 Steve Moreno
Date of signature:
2015-2089
PL2358
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ANNE BACKSTROM
USR15-0019
1. The Site Specific Development Plan and Use by Special Review Permit, USR15-0019, is
for a Kennel (up to 35 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. 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.
4. Thirty-Five (35) is the maximum number of dogs. Dogs 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.
5. Dogs shall be kept indoors between 10:00 p.m. and 6:00 a.m.
6. 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 of by a commercial
hauler.
7. 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.
8. 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.
9. 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 the accepted Waste Handling Plan and with
Chapter 14, Article I of the Weld County Code.
10. 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.
11. This facility shall adhere to the maximum permissible noise levels allowed in the
Non-Specified Zone District, as delineated in Section 14-9-30 of the Weld County Code.
12. 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 public water supply.
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DEVELOPMENT STANDARDS (USR15-0019) -ANNE BACKSTROM
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13. The applicant shall comply with the Colorado Department of Agriculture (CDA), Division of
Animal Industry regulations.
14. 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
Waste-water Treatment System (O.W.T.S.).
15. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
16. 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.
17. Should noxious weeds exist on the or become established as a result of the
property,
proposed development, the applicant/landowner shall be responsible for controlling the
noxious weeds, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
18. The historical flow patterns and runoff amounts will be maintained on the site.
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: 2012 International Codes, 2006
International Energy Code, and 2011 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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DEVELOPMENT STANDARDS (USR15-0019) -ANNE BACKSTROM
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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. 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.
2015-2089
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