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HomeMy WebLinkAbout20011641.tiff RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1335 FOR AN ANIMAL TRAINING AND BOARDING FACILITY (DOG DAYCARE/KENNEL AND TRAINING FACILITY) IN THE A(AGRICULTURAL)ZONE DISTRICT - LIZ BLASIO 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 11th day of July, 2001, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of Liz Blasio, 1399 Waterwood Drive, Windsor, Colorado 80550, for a Site Specific Development Plan and Use by Special Review Permit#1335 for an Animal Training and Board Facility(dog daycare/kennel and training facility) in the A (Agricultural) Zone District on the following described real estate, to-wit: SW1/4 of Section 11, Township 5 North, Range 67 West of the 6th P.M., Weld County, Colorado WHEREAS, said applicant was present at said hearing, 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 recommendations 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 the Chapter 22 of the Weld County Code. Section 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 Map indicates that the soils on this property are designated "Other" land. In addition, the property is bordered by two State Highways. b. Section 23-2-230.6.2—The proposed use is consistent with the intent of A (Agricultural) Zone District. Section 23-4400 of the Weld County Code provides for Animal Training and Boarding in the A (Agricultural) Zone District, subject to a Use by Special Review Permit and the requirement of Section 23-3-40.H. ce /)k) A/4 2001-1641 I / /IC PL1535 SPECIAL REVIEW PERMIT#1335 - LIZ BLASIO PAGE 2 c. Section 23-2-230.6.3—The uses which will 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. The Conditions of Approval and Development Standards ensure that the applicant's proposed use will remain compatible with the existing surrounding land uses. 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 the Comprehensive Plan or Master Plans of affected municipalities. The site is located within the standard three-mile referral area for the City of Greeley; however, the City did not comment on this application. 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.523-2-230.6.5—The site does not lie within any Overlay District. f. Section 23-2-230.6.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The U.S.D.A. Soils Map indicates that the soils on this property are designated "Other" land. 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 ensure that there are adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Liz Blasio for a Site Specific Development Plan and Use by Special Review Permit#1335 for an Animal Training and Board Facility(dog daycare/kennel and training facility) in the A (Agricultural)Zone District on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 1. The attached Development Standards for the Use by Special Review Permit shall be adopted and placed on the Use by 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. 2. Prior to recording the plat: A. The Environmental Health Services Division of the Weld County Department of Public Health and Environment was unable to locate a septic permit for the septic system serving the existing structure. An 2001-1641 PL1535 SPECIAL REVIEW PERMIT#1335 - LIZ BLASIO PAGE 3 individual sewage disposal system is required for the dog training facility and shall be designed by a Colorado Registered Professional Engineer and installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) Regulations. 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 following: 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. 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 the Colorado Department of Transportation to determine if an access permit is required. 3. The plat shall be amended to include the following: A. The approved Landscape/Screening Plan for the site. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of July, A.D., 2001. BOARD O COUNTY COMMISSIONERS ,4 E j WELD NTY, COLORADO ATTEST: iI "^,_�fo l ' ' � „At, 61 :1V'��y t♦� M. J. Geile, Chai Weld County Clerk to th � Fr ��/p� �� ®� �` � Glenn Vaad, Pro-T em BY: Deputy Clerk to the Board f✓ J Wil H. er APPROVED ORM: __ g - \ D id . Lo _- ountyN4ttorney LX R bert D. Masden Date of signature: Y�7 Date of full execution: 74 7 2001-1641 PL1535 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS LIZ BLASIO USR#1335 1. A Site Specific Development Plan and Use by Special Review Permit #1335 is for an Animal Training and Boarding Facility(dog daycare/kennel and training facility for 20 dogs) in the A (Agricultural) Zone District, as indicated in the application materials on file and 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 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 surface and groundwater contamination. 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, Section 30-20-100.5, C.R.S. 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. 6. Fugitive dust shall be controlled on this site. 7. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone District as delineated in Section 25-12-103 C.R.S. 8. Adequate hand washing and toilet facilities shall be provided for employees and patrons using the training facility. 9. All pesticides, fertilizer, and other potentially hazardous chemicals must be stored and handled in a safe manner. Reference Section 25-8-205.5 of the Colorado Water Quality Control Act and Rules and Regulations. 10. The facility shall utilize the existing public water supply (Greeley Water). 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. 12. The Colorado Department of Transportation has jurisdiction over all accesses to the State Highways. 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. 14. The Colorado Department of Transportation may require a new access permit with increased traffic volume. 2001-1641 PL1535 DEVELOPMENT STANDARDS - LIZ BLASIO (USR#1335) PAGE 2 15. The maximum number of dogs allowed shall be 20 dogs for day care and 8- 10 owner/dog couples for classes. 16. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 17. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, 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. 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 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. 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. 2001-1641 PL1535 Hello