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HomeMy WebLinkAbout20011643.tiff INVENTORY OF ITEMS FOR CONSIDERATION Applicant Elizabeth Blasio Case Number USR-1335 Submitted or Prepared Prior to At Hearing Hearing 1 Staff Comments (6 pages) X 2 Legal Notifications (1 pages) X 3 Letter to Applicant's Representative regarding time and hearing X location change 4 Letter to Applicant X 5 Application (13 pages) X 6 Referral List and Referral Letter(2 pages) X 7 West Greeley Soil Conservation District, referral received April X 24, 2001 8 Jerry Drenur, referral received April 20,2001 X 9 Weld County Zoning Compliance Officer, referral received April X 25, 2001 10 Weld County Building Inspection, referral received April 27, 2001 X 11 Weld County Public Works, referral received May 8, 2001 (2 X pages) 12 Colorado Department of Transportation, referral received April X 20,2001 13 West Greeley Soil Conservation District, referral received April X 24, 2001 COPY OF EXHIBIT#7(3 pages total) 14 Applicant prepared map X 15 Access Information Sheet X 16 Deeds(14 pages) X 17 Surrounding Property/Mineral Owners notification and X Certificate of Mailing (2 pages) 18 Affidavit of Interest Owners of the Surface Estate(2 pages) X 19 Affidavit of Interest Owners Minerals and Subsurface Estate (2 X pages) 20 Utility Information (2 pages) X 21 Soil Report(3 pages) X 22 Sign Posting Certificate X 23 Notice of Public Hearing News Clipping X g EJ711BIT 2001-1643 N itte#ryas: 24 Surrounding Property Owners/Mineral Owners notification of X hearing time and location change, dated May 17,2001 (3 pages) 25 Weld County Department of Environmental Health referral X received May 15, 2001 (2 pages) 26 City of Greeley, referral received May 18, 2001 (3 pages) X 27 Town of Windsor, referral received May 21,2001 (4 pages) X Item submitted at planning commission 27 I hereby certify that the 27 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to the Clerk to the Board's office. Anne Best Johnson 6• Long Range Planner 44 Strut LAND USE APPLICATION look SUMMARY SHEET COLORADO Case #: USR-1335 Hearing Date: June 5, 2001 Applicant: Liz Blasio Planner: Anne Best Johnson 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: Part of the NE4 of Sectionl 1, T5N, R67W of the 6th P.M., Weld County, CO Location: East of and adjacent to State Highway 257 and North of and adjacent to State Highway 34. Parcel #: 0957-11-000027 Parcel Size: 9.82 +/- Acres r POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code. The Department of Planning Services' staff has received responses from the following agencies: • Weld County Department of Public Works, referral received May 8, 2001 • Colorado Department of Transportation, referral received April 20, 2001 • West Greeley Soil Conservation District, referral received May 4, 2001 • Windsor Severance Fire Protection District, referral received April 24, 2001 • Weld County Department of Building Inspection, referral received April 27, 2001 • Weld County Code Compliance, referral received April 25, 2001 • Weld County Department of Public Health and Environment, referral received 5/15/2001 The Department of Planning Services's staff did not receive responses from the following agencies: • Weld County Sheriff's Office • USDA-APHIS Veterinary Service -1- EXIMM■ I SPECIAL STRA II ADMVE REVIEW COLORADO Case #: USR-1335 Hearing Date: June 5, 2001 Applicant: Liz Blasio Planner: Anne Best Johnson 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: Part of the NE4 of Section11, T5N, R67W of the 6th P.M., Weld County, CO Location: East of and adjacent to State Highway 257 and North of and adjacent to State Highway 34. Parcel #: 0957-11-000027 Parcel Size: 9.82 +/- Acres THE 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 23- 2-260 of the Weld County Code. 2. It is the opinion of the Department of Planning Services'staff 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 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 "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. -2- 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 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 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 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 3- 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. 3. The plat shall be amended to include the following: A. The approved Landscape/Screening Plan for the site. (Dept. of Planning Services) -4- 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 ria• 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 Environment.) 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) -5- 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. -6- a te 414;nal• DEPARTMENT OF PLANNING SERVICES ' PHONE (970)353-6100, EXT.3540 FAX (970) 304-6498 C. WELD COUNTY ADMINISTRATIVE OFFICES 1555 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO Mr. Tim Clancy Witwer, Oldenburg, Barry& Bedingfield, LLP 822 7th Street, Suite 760 Greeley Colorado 80631 RE: USR-1335, Liz Blasio Dear Tim: It has come to my attention that the June 5, 2001 Planning Commission hearing will be held at the Weld County Training Center, 1104 H Street in Greeley. Due to the number of cases being heard that day, the hearings will begin at 10:00 a.m. Please contact me the week prior June 5 to confirm an estimated time/agenda order for this particular case. Enclosed is a copy of the Traffic Impact Fee Schedule for potential fees assessed on Ms. Blasio's property. I look forward to working with you. Sincerely, AVIE parc: Anne Best Johnson Long Range Planner copy: USR-1335 file EXHIBIT $i a Kilt' DEPARTMENT OF PLANNING SERVICES W�`P�. PHONE (970) 353-6100 EXT.3540 FAX (970) 304-6498 1555 N. 17TH AVENUE COLORADO GREELEY, COLORADO 80631 April 12, 2001 Elizabeth Blasio 1399 Waterwood Drive . Windsor, Colorado 80550 Tim Clancy Witwer, Oldentfiurg, Barry& Bedingfield, LLP 822 7`" Street, Suite 760 Greeley, Colorado 80631 Subject: USR-1335- Request Site Specific Development Plan and a Special Review Permit for an Animal Training and Boarding facility (Dog Daycare and Training Facility) in the A (Agriculture) Zone District on a parcel of land described as Part of the NE4 Section 11,Township 5 North, Range 67 West of the 6th P.M., Weld County, Colorado. Dear Ms. Blasio: 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 June 5, 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 Greeley Planning Commission for their review and comments. Please call 970-350-9780 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 Greeley 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, EXHIBIT I Ane Best Johnson -�/ Long Range Planner TT-- PLANNING COMMISSION SIGN POSTING CERTIFICATE I THE LAST DAY TO POST THE SIGN IS: '...'L ly ,a8— . THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY. I HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST 10 DAYS BEFORE THE PLANNING COMMISSION HEARING FOR USR- THE SIGN WAS POSTED BY: NAME OF PERSON POSTING SIGN SIGNATURE FOR )9-6,1)-) SON POSTING SIGN STATE OF COLORADO) )ss. COUNTY OF WELD ) SUBSCRIBED AND SWORN TO ME THIS DAY OFOAJY-- , 1g g661. X(, 17.4/714// NOTARY P BLIC MY COMMISSION EXPIRES: /WO( THIS FORM SHALL BE PLACED IN THE APPROPRIATE FILE FOR THE ABOVE CASE. FIELD CHECK inspection date: '5/ 1Cl /01 CASE NUMBER: Uc I *s APPLICANT: E E I I ZcaV:yeth LEGAL DESCRIPTION: et Ilj€ 4- I 1 /5 ((/7 LOCATION: (;(_ •..;t D CIc etam -)0 6rl2 5 7 j Ai( 061 G-6 aifliCateti,fi 'kb `�H?A Zoning Land Use N A (Agricultural) N �. E A (Agricultural) E S A (Agricultural) S C3 f+ .L W A (Agricultural) W < / LIH 257 COMMENTS: Anne Best Johnson, Long Range Planner FIELD CHECK inspection date: P-70/6/ CASE NUMBER: EtottesuratkV?K 1 33'e; APPLICANT: Ell 2CA 12t PI aCIO LEGAL DESCRIPTION: ICC 4 LOCATION: ECtSt ° Gteli 61-1257i M(.1.14-ei , (fa t i 3L/ r Zoning Land Use N A (Agricultural) N E A (Agricultural) EAzt ) S A (Agricultural) S A-4 W A (Agricultural) W COMMENTS: fti pt t r pi1/It1/ C LEN et Anne Best Johnson, Long Range Planner Hello