HomeMy WebLinkAbout20010244.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 passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
Planner: Robert Anderson
Case Number: USR-1308
Applicant: Rose Mary Zeschin
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 & '// Mile East of State Hwy 85
be recommended favorably to the Board of County Commissioners 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 Chapter 22 of the Weld County
Code. 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. Section23-2-220 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 Kennels in the Agricultural
Zone District,subject to a Use by Special Review Permit and the requirement of Section 23-
3-40 H. of the Weld County Code.
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 are predominantly agricultural
in use.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 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.
2001-0244
RESOLUTION, USR-1308
Rose Mary Zeschin
Page 2
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 "Irrigated Not Prime" land.
g. Section 23-2-220 A.7--The Design Standards(Section 23-2-240 of the Weld County Code),
Operation Standards(Section 23-2-250 of the 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 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 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:
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-
RESOLUTION, USR-1308
Rose Mary Zeschin
Page 3
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)
Motion seconded by Cathy Clamp.
VOTE:
For Passage Against Passage
Cristie Nickles
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.
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,
X2000.
Trisha Swanson
Secretary
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 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. (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)
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 fine mesh perimeter 5'fence with 1'cantilevering around the kennel
related portion 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 23-2-240 of the Weld County Code.
16. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250 of the Weld County 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.
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