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Home My WebLink About20010332.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Bryant Gimlin that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: PLANNER: Kim Ogle CASE NUMBER: USR 1300 APPLICANT: Eleanor Gail Speaker ADDRESS: 3240 47`h Avenue Greeley, CO 80634 REQUEST: A Site Specific Development Plan and a Special Review Permit for a business permitted as a use by right in the Industrial Zone District(Parking areas or Structures for vehicles or equipment)and the Commercial Zone District(Dog Grooming Business)in the Agricultural Zone District LEGAL DESCRIPTION: Lot A, RE-435, being part of the SW4 of Section 23, Township 5 North, Range 66 West, of the 6`h P.M., Weld County, Colorado LOCATION: East of and adjacent to WCR 33 (47`h Avenue); approximately 2500 feet north of WCR 54 be recommended favorably to the Board of County Commissioners for the following reasons: 1. It is the opinion of the Planning Commission that the applicant has shown compliance with Section23-2-260 of the Weld County Code, as follows: a. Section 23-2-220.A.1 Weld County Code -- This proposal is consistent with the Weld County Comprehensive Plan: Section 22-2-80-B Weld County Code states "When a municipality and the County enter into an urban growth boundary agreement,the County agrees to abide by the municipality's vision for future development in the area." The site in question falls within the Intergovernmental Agreement (IGA) Boundary of the City of Evans as determined by the Coordinated Planning Agreement adopted by the City of Evans and Weld County on October 4, 1999 through Ordinance 208. In review of the referral from the City of Evans, there is no recommendation of denial in the eyes of the Planning Commission. b. Section 23-2-220.A.3 Weld County Code --The proposal is consistent with Section 23-2- 220.A.3 Weld County Code, and appears to be compatible with the existing surrounding land use which is predominantly agriculture and low density residential. Surrounding land uses include rural residential with agricultural lands to the west; to the north is an existing Recreational Vehicle and Day Care facility, USR 988, approved by the Board of County Commissioners December 16, 1992;to the east is the Corporate City Limits for the City of Greeley and the Gateway Subdivision and to the south is the Corporate City Limits for the City of Evans and the Tuscany Subdivision. Planning Commission notes that this use is compatible with surrounding land uses,mostly residential,and notes that this would provide a service to those subdivisions. 2001-0332 RESOLUTION, USR-1300 Eleanor Gail Speaker Page 2 The Planning Commission recommends approval of this Site Specific Development Plan and a Special Review Permit for a business permitted as a use by right in the Industrial Zone District (Parking areas or Structures for vehicles or equipment) and the Commercial Zone District (Dog Grooming Business) in the Agricultural Zone District for the reasons stated previously. The Planning Commission's 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 plat. The completed plat shall be delivered to the 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. 2. Prior to recording the plat: A. The applicant shall submit a detailed,legible and scaled Landscape Plan to the Department of Planning Services for review and approval. The Landscape Plan shall indicate location and species of all plant materials, planting implementation schedule and landscape maintenance plan as well as the location and type of screening to be used. The applicant shall submit evidence from the City of Evans that the facility has been adequately screened thus ensuring compatibility with the surrounding residential land uses. Evidence of City of Evans approval shall be submitted in writing to the Department of Planning Services. (City of Evans, and Department of Planning Services) B. The applicant shall submit evidence of a plan addressing the Storm Water retention facility that is designed to retain water run-off from a fully developed site based on the 100-year storm or as otherwise required by the Weld County Department of Public Works. The drainage facility shall be designed to release retained water at a quantity and rate based on a five-year storm disbursement on an undeveloped site. (Dept. of Public Works) C. The applicant shall place on the plat adequate parking spaces to accommodate different types of stored vehicles and shall maintain an adequate circulation pattern for the vehicles. (Dept. of Public Works) D. The septic system shall be reviewed by a Colorado Registered Professional Engineer. The review shall consist of an observation of the system and a technical review describing the systems ability to handle the proposed hydraulic load.The review shall be submitted to the Environmental Health Service Division of the Weld County Department of Public Health and Environment. In the event the system is found to be inadequately sized or constructed the system shall be brought into compliance with current Regulations. (Dept. of Public Health) E. The applicant shall submit evidence to the Weld County Department of Public Health and Environment that the facility has received a permit from and will comply with the Colorado Department of Agriculture Rules and Regulations pertaining to the Administration and Enforcement of the Pet Animal Care and Facilities Act. (Department of Planning Services) F. The plat shall be amended to delineate the following: 1) The approved Landscape Plan. (Dept. of Planning Services, Cities of Evans and Greeley) RESOLUTION, USR-1300 Eleanor Gail Speaker Page 3 2) The approved drainage and retention system. (Dept. of Public Works) 3) An approved typical cross section of the driveway, including width and depth of roadway and type of surface. (Dept. of Public Works) 4) The approach and access gate shall be widened to accommodate wider and longer vehicles. (Dept. of Public Works) 5) The tree adjacent to the barn shall be removed and the additional storage area as identified on the plat shall be eliminated. The traffic pattern and final layout of spaces shall be approved by the Department of Public Works. (Dept. of Public Works) 6) The shared access between the adjacent parcel at this location is a forty(40)foot access easement. 7) A recorded copy of any agreement signed by all of the owners of the property crossed by the access. The access shall be for ingress and egress and shall be referenced on the plat by the Weld County Clerk and Recorders reception number. 8) A forty (40) foot wide joint easement extending from Weld County Road 33 (47`" Avenue), for the benefit of Lots A and B, shall be shown clearly on the plat. The joint access easement shall be dedicated for the use as shown using the language set forth in Appendix 24-F.E. Weld County Code. The easement shall be graded and drained to provide all weather access. 3. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. (Dept. of Planning Services) Motion seconded by Stephen Mokray. VOTE: For Passage Against Passage Cristie Nicklas Fred Walker Arlan Marrs John Folsom Michael Miller Bryant Gimlin Jack Epple Stephen Mokray Cathy Clamp 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. RESOLUTION, USR-1300 Eleanor Gail Speaker Page 4 CERTIFICATION OF COPY I, Trisha Swanson, 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 January 16, 2000. Dated the 16th of January, 2000. Trisha Swanson Secretary SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Eleanor Gail Speaker USR-1300 1. A Site Specific Development Plan and a Special Review Permit for a business permitted as a use by right in the Industrial Zone District (Parking areas or Structures for vehicles or equipment)and the Commercial Zone District (Dog Grooming Business) 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 Section 23-8-10 Weld County Code, as amended. (Dept. of Planning Services) 3. The hours of operation for the Dog Grooming Business shall be limited to the hours of 8:00 a.m. to 4:00 p.m., seven days a week. (Dept. of Planning Services) 4. The off-street parking spaces including the access drive shall be surfaced with gravel, recycled asphalt, asphalt, concrete, or equivalent and be graded to prevent drainage problems. Off-street parking areas for vehicles shall be designed and constructed in accordance to Section 23-4-10 Weld County Code Standards. (Dept. of Planning Services, Dept. of Public Works) 5. All parking and storage shall be on the site. Parking shall not be permitted within any public right-of- way. (Dept. of Public Works) 6. All proposed or existing structures will or do meet the minimum setback and offset requirements for the Agricultural Zone District. (Dept. of Planning Services) 7. 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 the final disposal in a manner that protects against surface and groundwater contamination. (Dept. of Public Health) 8. No permanent disposal of wastes shall be permitted at this site. (Dept. of Public Health, City of Evans) 9. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. (Dept. of Public Health) 10. The maximum permissible noise level shall adhere to the maximum permissible noise levels allowed in the Residential Zone as delineated in 25-12-102, Colorado Revised Statutes (CRS). (Dept. of Public Health) 11. Any lighting used to illuminate the storage area, outside activity area, sign or other structure shall be arranged as to deflect light away from any adjoining residential zone and from county roads. Any lighting shall be designed, located, and operated in such a manner as to meet the following standards: sources of light shall be shielded so that beams or rays of light will not shine directly onto adjacent properties; neither the direct or reflected light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets. (Dept. of Planning Services, City of Evans) 12. All construction on the property shall be in accordance with the Weld County Building Code Ordinance. (Dept. of Planning Services, Dept. of Building Inspection) 13. The facility shall utilize the existing public water supply (City of Greeley Water). (Dept. of Public Health) 14. Adequate toilet facilities shall be provided for the customers. The customers shall be allowed to use the toilet facilities located in the residence. (Dept. of Public Health) 15. A trash receptacle must be provided for the public and must be screened from all adjacent properties and public rights-of-way. (Dept. of Planning Services) 16. All outside loading, service, or storage areas must be screened with an opaque screen from the public right of way and adjacent properties. Chain link fencing with slats or pallets are not an acceptable screening material. Plant material shall be used extensively to soften the appearance of the screen. 17. Any proposed sign shall require appropriate building permits and be constructed in accordance with Section 23-4-70 and Section 23-4-90 Weld County Code. (Dept. of Planning Services) 18. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240 Weld County Code. 19. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250 Weld County Code. 20. 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 hereon and all applicable Weld County regulation 21. 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. 22. 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. Hello