HomeMy WebLinkAbout20002330.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Jack Epple that the following resolution with amendments to the Development Standards 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-1284
Applicant: Laurie Buffington (Dog Days, Inc.) ---
1605 WCR 401/2
Berthoud, CO 80513
Request: A Site Specific Development Plan and Special Review Permit for a Kennel for the Boarding
and Training of 8 -10 Service Dogs/Owners, in the Agricultural Zone District.
Legal: LOT B/RE-1997, PT. NE4, SEC 29, T4N, R68W, 6TH PM., Weld County, CO
Location: North/Adjacent to Weld County Road 40 '/3& 1/2 Mile East Weld County Road 3
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 24.7 of the
- Weld County Zoning Ordinance.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section
24.3 of the Weld County Zoning Ordinance as follows:
A. Section 24.3.1.1 -The proposed use is consistent with the Weld County Comprehensive
Plan.A. Goal 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"lands, as well as the size of the parcel makes
it undesirable for agricultural purposes. The conditions of approval and development
standards ensure that this proposal is consistent with the Weld County Comprehensive
Plan.
B. Section 24.3.1.2 --The proposed use is consistent with the intent of Agricultural Zone
District. Section 31.4.8 of the Weld County Zoning Ordinance provides for kennels in the
Agricultural Zone District, subject to a Use by Special Review Permit and the requirement
of Section 45.6 of the Weld County Zoning Ordinance.
C. Section 24.3.1.3--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 projected uses will remain compatible with the existing surrounding land uses.
D. Section 24.3.1.4 --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
municipalities of Mead and Berthoud, Colorado. Referral responses from these
municipalities indicated no conflicts with their interests.
EXHIBIT
1 B 2000-2330
IASe-#at{ }M t-M I_
RESOLUTION, USR-1284
Laurie Buffington
Page 2
E. Section 24.3.1.5 --The application complies with the Weld County Zoning Ordinance,
Section 50,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 --If the use is proposed to be located in the A-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 maps indicate that the soils
on this property are designated "Other" lands.
G. Section 24.3.1.7 ---The Design Standards (Section 24.5 of the Weld County Zoning
Ordinance), Operation Standards (Section 24.6 of the Weld County Zoning Ordinance),
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.
This application has been determined to be in compliance with the proposed Amendment 24 to the Colorado
Constitution of a new article XXVIII, as the development of land consistent with a valid development
application which had been filed as of September 13, 2000 pursuant to proposed Article XXVIII § 9 (2).
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 recording the plats for the required Recorded Exemption and
Subdivision Exemption by the Department of Planning Services. (Dept. of Planning)
2. Prior to recording the plat:
A. The applicant shall submit evidence that the existing water service has been approved by
the Little Thompson Water District for the proposed use. (Dept. of Planning Services)
B. The applicant shall comply with requirements from the Berthoud Fire Protection District as
indicated in a referral response dated September 7, 2000. Evidence of approval shall be
submitted to the Weld County Department of Planning Services. (Berthoud Fire Protection
District)
C. The building will be required to meet Weld County Building Inspection criteria as listed in
a referral response dated August 14, 2000. (Dept. of Building Inspection)
D. The applicant shall place approximately three loads of road base on the access road and
parking area to accommodate all-weather access and provide evidence of such to the
Department of Planning Services. (Dept. of Public Works)
E. The applicant shall submit a waste handling plan to the Environmental Health Services
Division of the Weld County Department of Public Health & Environment. The plan shall
include at a minimum, the following:
RESOLUTION, USR-1284
Laurie Buffington
Page 3
1) A list of wastes which are expected to be generated on site (this should include
expected volumes and types of waste generated).
2) A list of the type and volume of chemicals expected to be stored on site.
3) The waste handler and facility where the waste will be disposed (including the
facility name, address, and phone number).
F. The plat shall be amended to include the following:
1) Weld County Road 40.5 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 40.5 shall be delineated on the plat. This road is maintained by Weld
County. (Dept. of Public Works)
2) The Screening plan, to include type of screening material, for the site. (Dept. of
Planning Services)
3) The Landscaping Plan,to include planting and maintenance schedule,for the site.
(Dept. of Planning Services)
Motion seconded by Stephen Mokray.
VOTE:
For Passage Against Passage Absent
Cristie Nicklas 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 September 19, 2000.
Dated the 199' of September,
2000.
Trisha Swanson
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Laurie Buffington USR-1284
1. The Site Specific Development Plan and Special Review Permit for a Kennel for the Boarding and
Training of 8 -10 dogs and the daily training of an additional 10 dogs/owners, 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 of the Weld County
Zoning Ordinance. (Dept. of Planning Services)
3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100, C.R.S., as amended) shall be stored and removed for final disposal in a manner that
protects against 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. This facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone
as delineated in 25-12-103 C.R.S., as amended. (Dept. of Public Health and Environment)
7. Any existing septic system which is not currently permitted through the Weld County Department
of Public Health and Environment will require an I.S.D.S. evaluation prior to the issuance of the
required septic permits.The review shall consist of an observation of the system and an evaluation
of the systems ability to handle the proposed hydraulic load. In the event the system is found to be
inadequate, the system must be brought into compliance with current I.S.D.S. regulations. (Dept.
of Public Health and Environment)
8. An individual sewage disposal system is required for the proposed barn and shall be installed
according to the Weld County Individual Sewage Disposal Regulations.The septic system shall be
designed by a Colorado Registered Professional Engineer according to the Weld County Individual
Sewage Disposal Regulations. (Dept. of Public Health and Environment)
9. Adequate toilet facilities shall be provided for the public. (Dept. of Public Health and Environment)
10. The facility shall utilize the existing public water system. (Little Thompson Water District)
11. Dogs shall be kept indoors between 9:00 p.m. and 5:30 a.m. (Dept. of Planning Services)
12. The property owner or operator shall be responsible for complying with the Design Standards of
Section 24.5 of the Weld County Zoning Ordinance.
13. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 24.6 of the Weld County Zoning Ordinance.
14. 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.
15. 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.
16. 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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