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HomeMy WebLinkAbout20011642.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Stephen Mokray that the following resolution be introduced for approval with the attached Conditions of Approval and Development Standards by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: PLANNER: Anne Best Johnson CASE: USR-1335 APPLICANT: Liz Blasio ADDRESS: 1399 Waterwood Drive Windsor, CO 80550 REQUEST: A Site Specific Development Plan and Special Review Permit for an Animal training and boarding facility (dog daycare/kennel and training facility) in the A (Agricultural) Zone District. LEGAL DESCRIPTION: Part of the NE4 of Section11,T5N, R67W of the6th P.M.,Weld County, CO LOCATION: East of and adjacent to State Highway 257 and North of and adjacent to State Highway 34. The Planning Commission recommends that this request 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 Planning Commission that the applicant has shown compliance with Section 23-2-220 of the Weld County Code as follows: a. Section 23-2-220 A.1 --The proposed use is consistent with the Chapter 22 of the Weld County Code. A. Goal 1 (22-2-260 Al) states, "Preserve prime farmland for agricultural purposes which foster the economic health and continuance of agriculture".The U.S.D.A. soils maps indicate that the soils on this property are designated"Other" land. In addition, the property is bordered by two State Highways. b. Section 23-2-220 A.2--The proposed use is consistent with the intent of Agricultural Zone District. Section 23-4-400 of the Weld County Code provides for Animal Training and Boarding in the Agricultural Zone District, subject to a Use by Special Review Permit and the requirement of 23-3-40 H. c. Section 23-2-220 A.3 --The uses which would be permitted will be compatible with the existing surrounding land uses. The surrounding properties include agricultural, State Highways 34 and 257, and the State Farm Regional Office complex. Conditions of Approval and Development Standards are proposed to ensure that the applicant's proposed use will remain compatible with the existing surrounding land uses. d. Section 23-2-220 A.4 --The uses which would 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 the Comprehensive Plan or Master Plans of affected municipalities.The site is located within the standard three-mile referral area for the City of 4 EXHIBIT 2001-1642 RESOLUTION, USR-1335 Elizabeth Blasio Page 2 Greeley. The City of Greeley was provided an opportunity to comment on this application, but did not prior to comments being submitted. The City of Greeley has been annexing lands surrounding this property, however as of May 18,2001,records in the Department of Planning Services indicate the property is in unincorporated Weld County. e. Section 23-2-220 A.5 --The application complies with the Weld County Code, Article V, Overlay District Regulations if the proposal is located within the Overlay District Areas identified by maps officially adopted by Weld County. The site does not lie within any Overlay District. f. Section 23-2-220 A.6--If the use is proposed to be located in the Agricultural Zone District, that the applicant has demonstrated a diligent effort has been made to conserve prime agricultural land in the locational decision for the proposed use. The U.S.D.A. soils map indicate that the soils on this property are designated "Other" land. g. Section 23-2-220 A.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 ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. This recommendation 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 Planning Commissions recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Special Review Permit shall be adopted and placed on the Special Review Plat prior to recording. The completed plat shall be delivered to the Weld County Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's Office within 30 days of approval by the Board of County Commissioners. (Dept. of Planning Services) 2. Prior to recording the plat: A. The Environmental Health Services Division was unable to locate a septic permit for the septic system serving the existing structure. An individual sewage disposal system is required for the dog training facility and shall be installed according to the Weld County Individual Sewage Disposal Regulations. The septic system is required to be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. (Dept. Public Health and Environment) B. The applicant did submit a Landscape Plan with the application materials to the Department of Planning Services. The applicant shall also submit a detailed Landscape/Screening Plan identifying the 1) number, size and species of landscape material, 2) Landscape Maintenance Schedule,and 3)the type and location of Screening material(s).The approved plan shall be delineated on the Plat. (Dept. of Planning Services) C. The applicant shall illustrate how the intent of the Americans with Disabilities Act has been met. Evidence shall be presented to the Department of Planning Services. D. The applicant shall contact Gloria Hice Idler with CDOT to determine if an access permit is required. RESOLUTION, USR-1335 Elizabeth Blasio Page 3 3. The plat shall be amended to include the following: A. The approved Landscape/Screening Plan for the site. (Dept. of Planning Services) Motion seconded by Bryant Gimlin VOTE: For Passage Against Passage Absent Cristie Nickles Fred Walker Arlan Marrs Michael Miller John Folsom Cathy Clamp Bryant Gimlin Jack Epple Stephen Mokray The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioner's for further proceedings. CERTIFICATION OF COPY I,Vicki Hamilton,Recording Secretary for the Weld County Planning Commission,do hereby certify that the above and foregoing resolution,is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on June 5, 2001. D ted the 5° f June , 20 itt V(c ik Hamilton L. Secretary r SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS LIZ BLASIO USR-1335 1. A Site Specific Development Plan and Special Review Permit for a Dog Day Care and Training Facility for 20 Dogs in the Agricultural Zone District,as indicated in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. (Dept. of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Article VIII 23-8-10 of the Weld County Code. (Dept. of Planning Services) 3. 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 surface and groundwater contamination. (Dept. of Public Health and Environment) 4. 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. (Dept. of Public Health and Environment) 5. Animal and food wastes, bedding, debris, and other organic wastes shall be disposed of so that vermin infestation, odors, disease hazards and nuisances are minimized. Such waste shall be removed at least weekly, or more frequently, from the facility and hauled by a commercial hauler. (Dept. of Public Health and Environment) 6. Fugitive dust shall be controlled on this site. (Dept. of Public Health and Environment) 7. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as delineated in 25-12-103 C.R.S., as amended. (Dept. of Public Health and Environment.) 8. Adequate hand washing and toilet facilities shall be provided for employees and patrons using the training facility. (Dept. of Public Health and Environmentment 9. All pesticides, fertilizer, and other potentially hazardous chemicals must be stored and handled in a safe manner. Reference 25-8-205.5 Colorado Water Quality Control Act and Rules and Regulations thereof. (Dept. of Public Health and Environment.) 10. The facility shall utilize the existing public water supply. (Greeley Water). (Dept. of Public Health and Environment) 11. The facility shall comply with the United States Department of Agriculture Rule and Regulations pertaining to the Administration and Enforcement of the Pet and Animal Care and Facilities Act. (Dept. of Public Health and Environment) 12. The Colorado Department of Transportation has jurisdiction over all accesses to the State Highways. (Dept. Of Public Works) 13. The off-street parking including the access drive shall be surfaced with gravel, asphalt, concrete, or equivalent and shall be graded to prevent drainage problems. (Dept. Of Public Works) 14. The Colorado Department of Transportation may require a new access permit with increased traffic volume. (Colorado Department of Transportation) 15. The maximum number of dogs allowed shall be 20 dogs for day care and 8-10 owner/dog couples for classes. (Dept. of Planning Services) 16. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240 of the Weld County Code. 17. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250 of the Weld County Code. 18. The property owner shall be responsible for fees associated with the Windsor Severance Traffic Impact Fee Program. All fees are payable at the time a building permit is issued.(Dept.Of Planning Services) 19. Personnel from the Weld County Departments of Public Health and Environment and Planning Services 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 Development Standards stated herein and all applicable Weld County Regulations. 20. The 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. 21. 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. r^ Hello