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HomeMy WebLinkAbout20010245.tiff INVENTORY OF ITEMS FOR CONSIDERATION APPLICANT: ROSE MARY ZESCHIN CASE #:USR-1308 Submitted or Prepared: Prior to At Hearing Hearing 1 Planning Commission Resolution 2 Staff Comments X 3 Department of Planning Service's Field Check X 4 Planning Commissioner's Field Check X 5 Letter to Applicant X 6 Legal Notices X 7 Application X 8 Referrals with Comments X 9 Department of Public Works, referral dated 12-12-00. X 10 Department of Health & Environment, referral dated 12-5-00. X 11 Weld County Sheriffs Office (Animal Control), referral dated 12-4-00. X 12 Weld County Code Enforcement, referral dated 12-4-00. X 13 Referrals without Comments, Referral List and Letter X 14 Deeds/Certificate of Conveyances X 15 Surrounding Property/Mineral Owners Certificate(s) X 16 Soil Survey X 17 Utilities X 18 Sign Posting Photograph X Item(s)submitted at Planning Commission: I hereby certify that the i=- t << ( 4 ) items identified herein (Inventory of Items for Consideration/ Case # USR- / 36'Y )were submitted at or prior to the scheduled Planning Commission Hearing. I further certify that these items were subsequently forwarded to the Clerk to the Commissioners Office. Robert Anderson, Planner 2001-0245 • I ` t LAND USE APPLICATION SUMMARY SHEET COLORADO Case #: USR-1308 Hearing Date: January 16, 2001 Applicant: Rose Mary Zeschin Planner: Robert Anderson 12680 WCR# 28 Platteville, CO 80651 Request: A Site Specific Development Plan and Special Review Permit for a Kennel for 80 Dogs in the Agricultural Zone District. Legal: Lot B/AmRE-68, PT/NE4, SEC 31, T3N, R65W, 6T" PM., Weld County, CO Location: South of and adjacent to Weld County Road 28 & '/2 Mile East of State Hwy 85 Parcel #: 1211 31 000 038 Parcel Size: 4.86 Acres POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit is listed in Section 24.3 (23-2-220) of the Weld County Zoning Ordinance (Code). The Department of Planning Services' staff has received responses from the following agencies: • Weld County Department of Public Works, referral dated 12-10-00. • Weld County Department of Public Health and Environment, referral dated 12-05-00. • Weld County Department of Building Inspection, referral dated 12-18-00. • Weld County Code Compliance, referral dated 12-04-00. • Weld County Sheriffs Office (Animal Control), referral dated 12-04-00. Colorado Department of Transportation (CDOT), referral dated 12-06-00. • Colorado Division of Wildlife, referral dated 12-03-00. • U.S. Department of Agriculture: Veterinary Services, referral dated 11-22-00. • Town of Platteville, Colorado, referral dated 12-12-00 EXHIBIT c WIiDc. SPECI AL REVIEW PERMIT ADMINISTRATIVE REVIEW COLORADO Case #: USR-1308 Hearing Date: January 16, 2001 Applicant: Rose Mary Zeschin Planner: Robert Anderson 12680 WCR # 28 Platteville, CO 80651 Request: A Site Specific Development Plan and Special Review Permit for a Kennel for 80 Dogs in the Agricultural Zone District. Legal: Lot B/AmRE-68, PT/NE4, SEC 31, T3N, R65W, 6TH PM., Weld County, CO Location: South of and Adjacent to Weld County Road 28 & 1/2 Mile East of State Hwy 85 Parcel #: 1211 31 000 038 Size of Parcel: 4.86 Acres THE WELD COUNTY DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 24.7 (23-2-260)of the Weld County Zoning Ordinance (Code). 2. It is the opinion of the Department of Planning Services's staff that the applicant has shown compliance with Section 24.3 (23-2-220)of the Weld County Zoning Ordinance (Code)as follows: a. Section 24.3.1.1 (23-2-220 A.1) --The proposed use is consistent with the Weld County Comprehensive Plan (Chapter 22 of the Weld County Code).A. Goal 1 (22- 2-260 A.1) 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 "Irrigated Not Prime" land, in addition the relatively small size of the parcel makes it undesirable for agricultural purposes. The Conditions of Approval and Development Standards can ensure that this proposal is consistent with the Weld County Comprehensive Plan. b. Section 24.3.1.2 (23-2-220 A.2)--The proposed use is consistent with the intent of Agricultural Zone District. Section 31.4.8 (23-4-400)of the Weld County Zoning Ordinance (Code) provides for Kennels in the Agricultural Zone District, subject to a Use by Special Review Permit and the requirement of Section 45.6 ( 23-3-40 H.) of the Weld County Zoning Ordinance (Code). c. Section 24.3.1.3 (23-2-220 A.3) --The uses which would be permitted will be compatible with the existing surrounding land uses. The surrounding properties are predominantly agricultural in use. Conditions of approval and development -2- standards are proposed to ensure that the applicant's proposed use will remain compatible with the existing surrounding land uses. d. Section 24.3.1.4 (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 referral boundary area of the Incorporated municipality of Platteville, Colorado. The referral response dated December 12, 2000 from the Town of Platteville indicated no conflicts with their interests. e. Section 24.3.1.5 (23-2-220 A.5) --The application complies with the Weld County Zoning Ordinance(Code), Section 50(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 24.3.1.6 (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 "Irrigated Not Prime" land. g. Section 24.3.1.7(23-2-220 A.7) --The Design Standards (Section 24.5 (23-2-240) of the Weld County Zoning Ordinance (Code) ), Operation Standards(Section 24.6 (23-2-250) of the Weld County Zoning Ordinance (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 Department of Planning Services' staff 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 the Board of County Commissioners Hearing the applicant shall submit evidence that the existing water service has been approved by the Colorado Department of Water Resources for the proposed use to the Weld County Department of Planning Services. (Dept. of Planning Services) 3. Prior to recording the plat: -3- A. The applicant shall submit an evaluation, conducted by a Colorado Registered Professional Engineer, of the Septic System to the Weld County Department of Public Health and Environment. The existing septic system located at the applicant's residence shall be made available for patron use.(Dept. of Public Health and Environment) B. The facility shall apply for a permit 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) C. The applicant shall submit to the Department of Planning Services a detailed Landscape/Screening Plan identifying the 1)number,size and species of landscape material, 2) Landscape Planting and 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) 4. The plat shall be amended to include the following: A. Weld County Road 28 is designated on the Transportation Plan Map as a local gravel road, which requires 60 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. A total of 30 feet from the centerline of Weld County Road 28 shall be delineated on the plat. This road is maintained by Weld County. (Dept. of Public Works) B. The applicant shall designate, on the plat, the existing west access point as a one- way entrance to the parcel (ingress) and the existing east access point as a one- way exit from the parcel (egress). The applicant shall further designate, on the plat, the parking (pick-up/drop-off) area located north of the existing single family dwelling. (Dept. of Public Works) C. The approved Landscape/Screening Plan for the site. (Dept. of Planning Services) -4- SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS ROSE MARY ZESCHIN USR-1308 1. A Site Specific Development Plan and Special Review Permit for a Kennel for 80 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 Section 90 (Article VIII 23-8-10)of the Weld County Zoning Ordinance (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. (Dept. of Public Health and Environment) 5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. (Dept. of Public Health and Environment) 6. Fugitive dust shall be controlled on this site. (Dept. of Public Health and Environment) 7. The maximum permissible noise level shall not exceed the residential limit of 55 db(A) as measured according to 25-12-103 C.R.S. as amended, Colorado Revised Statutes. (Dept. of Public Health and Environment) 8. The facility shall utilize the existing the existing well. (Dept. of Public Health and Environment) 9. Adequate toilet facilities shall be provided for the public. The public shall be allowed to use the toilet facilities located in the residence. (Dept. of Public Health and Environment) 10. 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) 11. 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 wastes shall be removed at least weekly, or more frequently, from the facility and hauled by a commercial hauler. (Dept. of Public Health and Environment) 12. Dogs shall be kept indoors between 9:00 p.m. and 7:00 a.m. (Dept. of Planning Services) -5- 13. The maximum number of dogs allowed shall be 30 dogs for day care and 50 dogs for boarding. (Dept. of Planning Services) 14. The applicant shall construct a five foot(5')with one foot(1')cantilever fine mesh perimeter fence around the kennel related portion of the parcel to protect the boarded animals as well as the vehicular traffic of US 85 and Weld County Road 28. (Weld County Sheriff's Office, Animal Control) 15. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 ( 23-2-240) of the Weld County Zoning Ordinance (Code). 16. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 (23-2-250) of the Weld County Zoning Ordinance (Code). 17. 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. 18. 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. 19. 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. -s- • • • h Ili „ � �` F 1 it ill rt _ +�,,x e r ,1 x l aM w � k "' _ J 4i„ A. k• 'j ' � .' -k" 9r v, qyp .p .re a �• ' j� xk iN t, • ..y4 -, t' �}" ✓° Y 4.4I K y. t (7.• . . .'.�:eie 10,t+ �7 . *. &. .. v. ae s'. ° +rr wiA 3 \ - x i+ -!7. 7r 5 C.: .t' .Y 4 S . ♦, -..',. • \ 'Xc\ r _? F" Sys t P 1fvx pT "�l�, -0J{a* 1 .x� • 'frdty j . • at Y .',,• ilia. -F.-- « yr F w f - • • . s ."r . r .yn. .S ._..5 d ,...) a j sW 4 t A,PKSr w CI . ') • ' r , 4 �^ .. ..._.r. .r r ,,.. r.. -.. . :e '`' ' At DEPARTMENT OF PLANNING SERVICES I PHONE (970) 353-6100, EXT.3540 98 D Ce FAX 17TH(970) A3 80 UE1555 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO November 20, 2000 Rose Mary Zeschin 12680 WCR R 28 Platteville, CO 80651 Subject: USR-1308- Request for a Site Specific and Special Use Permit for a Boarding Kennel (Dog Daycare and Boarding) in the Agricultural Zone District on a parcel of land described as Lot B of RE-68; part of the NE4 of Section 31, Township 3 North, Range 65 West of the 6th P.M., Weld County, Colorado. Dear Ms. Zeschin: Your application and related materials for the request described above are being processed. I have scheduled a meeting with the Weld County Planning Commission for January 16, 2001, at 1:30 p.m. This meeting will take place in Room 210,Weld County Planning Department, 1555 N. 17th Avenue, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members may have. It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property or if the property is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Platteville Planning Commission for their review and comments. Please call the Town of Platteville at 970-785-2245 for further details regarding the date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the Platteville Planning Commission meeting to answer any questions the Commission members may have with respect to your application. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time,date,and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway(access drive) intersects a publicly maintained road right-of-way. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission. This recommendation will be available twenty-four(24)hours before the scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services'office before the Planning Commission hearing to make arrangements to obtain the recommendation. If you have any questions concerning this matter, please call. Respectfully, e-^�r�------- Robert Anderson EXHIBIT Planner 5 FIELD CHECK CASE NUMBER: USR-1308 DATE OF INSPECTION: 71Z,-14"10 o APPLICANT'S NAME: Rose Mary Zeschin PLANNER: Robert Anderson REQUEST: Site Specific and Special Use Permit for a Boarding Kennel (Dog Daycare and Boarding)in the Agricultural Zone District. LEGAL DESCRIPTION: Lot B of RE-68; part of the NE4 of Section 31,Township 3 North, Range 65 West of the 6th P.M., Weld County, Colorado. LOCATION: South of and adjacent to WCR 28 and 'A mile east of SH 85. LAND USE: / N E <i Jot Q¢/ tf cea o ZONING: N A(Agricultural) E A (Agricultural) S A(Agricultural) W A(Agricultural) COMMENTS: 697!/ , _2 err P.C. Member EXHIBIT WIDc. COLORADO FIELD CHECK ✓ APPLICANT: ROSE MARY ZESCHIN CASE #: USR-1308 LEGAL: LOT B/RE-68, PT/NE4, SEC 31, T3N, R65W, 6TH PM, LOCATION: S/ADJ WCR 28 & 1/4 MILE E HWY. 85 ZONING LAND USE N AG N AG E AG E AG S AG S AG W AG W IRR POND, DITCH, UTILITY SUBSTATION, US85 COMMENTS: SITE NEAT & ORDERLY HEAVILY LANDSCAPE/ APPEARS WELL DRAINED PARCEL SITUATED ON SIDE HILL(E-W)OVERLOOKING US- 85 NO APPARENT VIOLATIONS SOUTH FENCE - VERY CLOSE TO WCR 28 PLANNER: R. ANDERSON INSPECTION DATE: 12 01-00 EXHIBIT 3 Hello