HomeMy WebLinkAbout20010331.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1300 FOR A BUSINESS (RECREATIONAL VEHICLE STORAGE YARD
AND DOG GROOMING BUSINESS) IN THE A(AGRICULTURAL) ZONE DISTRICT -
ELEANOR SPEAKER
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 21st day
of February, 2001, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Eleanor Speaker, 3240 47th Avenue, Greeley, Colorado 80634, for a
Site Specific Development Plan and Use by Special Review Permit#1300 for a Business
(recreational vehicle storage yard and dog grooming business) in the A (Agricultural) Zone
District on the following described real estate, to-wit:
Lot A of Recorded Exemption #435; being part of
the SW1/4 of Section 23, Township 5 North, Range
66 West of the 6th P.M., Weld County, Colorado
WHEREAS, said applicant was represented by Gerald Jorgensen 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 —This proposal is consistent with Chapter 22 of the
Weld County Code. In accordance with Section 22-2-80-B, Weld County
Code, 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. However, upon review of the
referral from the City of Evans, there appears to be no recommendation
of denial.
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SPECIAL REVIEW PERMIT#1300 - ELEANOR SPEAKER
PAGE 2
b. Section 23-2-230.B.3 —The proposal is 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 there is an existing
Recreational Vehicle and Day Care facility approved through Use by
Special Review Permit#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. To the south
is the Corporate City Limits for the City of Evans and the Tuscany
Subdivision. The proposed use is compatible with surrounding land uses,
which are mostly residential, and this would provide a service to nearby
subdivisions.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Eleanor Speaker for a Site Specific
Development Plan and Use by Special Review Permit#1300 for a Business (recreational
vehicle storage yard and dog grooming business) 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 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 approval from the City of Evans shall
be submitted in writing to the 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 One Hundred (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.
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SPECIAL REVIEW PERMIT #1300 - ELEANOR SPEAKER
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C. The applicant shall place adequate parking spaces on the plat to
accommodate different types of stored vehicles and maintain an
adequate circulation pattern for the vehicles.
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 system's 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.
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.
F. The applicant shall request the vacation of Use by Special Review Permit
#1080 for a Boarding Kennel (60 dogs and 15 cats), for Clifford D.
Morgan and Patricia A. Mahoney, approved by the Board on June 21,
1995.
G. The plat shall be amended to delineate the following:
1) The approved Landscape Plan.
2) The approved drainage and retention system.
3) An approved typical cross section of the driveway, including width
and depth of roadway and type of surface.
4) The approach and access gate shall be widened to accommodate
wider and longer vehicles.
5) The trees adjacent to the barn and main gate may remain if the
gate opening is 20 feet in width and the turning radiuses are
adequate. The traffic pattern and final layout of spaces shall be
approved by the Department of Public Works.
6) The shared access between the adjacent parcel at this location is
a twenty (20)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.
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SPECIAL REVIEW PERMIT#1300 - ELEANOR SPEAKER
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8) A twenty (20)foot wide joint easement extending from Weld
County Road 33 (47th Avenue), for the benefit of Lots A and B,
shall be shown clearly on the plat, this easement is more
particularly described in the Agreement recorded February 1,
1980, in Book 894, Reception Number 1815851. 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 Use by Special Review activity shall not occur, nor shall any building or
electrical permits be issued, on the property until the Use by Special Review plat
is ready to be recorded in the office of the Weld County Clerk and Recorder.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 21st day of February, A.D., 2001.
BOARD OF COUNTY COMMISSIONERS
WELD CO NTY, COLORADO
ATTEST: � I�n��� iezz,
�, y' ,I.. La`` °�J. eile,
Weld County Clerk to th o- A
' 1�1 .'01 EXCUSED DATE OF SIGNING (AYE)
.V: Glenn Vaad, Pro-Tern
BY:
Deputy Clerk to the + (r ah � Wil H Jerke
PRO11 D AS T RM: c
D vid E. Long
ounty Attorne
Robert D. Masden
2001-0331
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ELEANOR SPEAKER
USR#1300
1. A Site Specific Development Plan and Use by Special Review Permit #1300 is 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 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, Weld
County Code.
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.
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.
5. All parking and storage shall be on the site. Parking shall not be permitted within any public
right-of-way.
6. All proposed or existing structures will meet the minimum setback and offset requirements
for the A (Agricultural) Zone District.
7. 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 the final disposal in a manner
that protects against surface and groundwater contamination.
8. No permanent disposal of wastes shall be permitted at this site.
9. Waste materials shall be handled,stored,and disposed of in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
10. The maximum permissible noise level shall adhere to the maximum permissible noise levels
allowed in the Residential Zone as delineated in Section 25-12-102, C.R.S.
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 nor reflected light
from any light source may create a traffic hazard to operators of motor vehicles on public
or private streets.
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DEVELOPMENT STANDARDS - ELEANOR SPEAKER (USR #1300)
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12. All construction on the property shall be in accordance with Chapter 29 of the Weld County
Code.
13. The facility shall utilize the existing public water supply (City of Greeley Water).
14. Adequate toilet facilities shall be provided for the customers. The customers shall be
allowed to use the toilet facilities located in the residence.
15. A trash receptacle must be provided for the public and must be screened from all adjacent
properties and public rights-of-way.
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 Sections 23-4-70 and 23-4-90, Weld County Code.
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 regulations.
21. 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.
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.
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