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HomeMy WebLinkAbout20000405.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 the deletion of Development Standard #11 and subsequent renumbering be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: PLANNER: Sheri Lockman CASE NUMBER: USR-1253 APPLICANT: Patrick L. Craig ADDRESS: 1946 WCR 53, Keenesburg, CO REQUEST: A Site Specific Development Plan and a Special Review Permit for the keeping, raisinV,rand boarding of exotic animals (Wildlife sanctuary) and a kennel LEGAL DESCRIPTION: Lot B of Recorded Exemption 2344 being part of the N2 NW4 Section 28, Ti N, R64W of the 6th P.M., Weld County, Colorado LOCATION: East of and adjacent to Weld County Road 53 and 3/4 of a mile north of Weld County Road 4 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, as amended. 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 amended, as follows: a. Section 24.3.1.1 --That the proposal 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. No"Prime" farmland will be taken out of production. b. Section 24.3.1.2 --That the proposal is consistent with the intent of the district in which the USE is located. The property is zoned Agricultural and Section 31.4.10 states that the keeping, raising or boarding or exotic animals, is permitted as a Use by Special Review in the Agricultural zone district. Section 31.4.8 allows for kennels as a Use by Special Review in the Agricultural zone district. c. Section 24.3.1.3 --That the USES which would be permitted will be compatible with the existing surrounding land USES. Uses within the surrounding area are very limited residential and dryland pasture. Conditions of approval and development standards will ensure that any incompatibilities will be mitigated. d. Section 24.3.1.4 --That 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 EXHIBIT 2000-0405 UsK «3 PL/37/ RESOLUTION, USR-1253 Patrick Craig Page 2 municipalities. The site does not lie within the Urban Growth Boundary or referral area of any municipality. e. Section 24.3.1.5 --That 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. This proposal does not lie within any Overlay Districts. f. Section 24.3.1.6 --That 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". g. Section 24.3.1.7--That there is adequate provision for the protection of the health, safety and welfare of the inhabitants of the NEIGHBORHOOD and the County. The attached Conditions of Approval and Development Standards ensure the protection of the health, safety and welfare of the inhabitants of the neighborhood and the 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 plat. 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. (Dept. of Planning) 2. Prior to recording the plat: A. The existing septic system shall be reviewed by a Colorado Registered Professional Engineer. The review shall consist of observation of the system and a technical review describing the systems ability to handle the proposed hydraulic load. The review shall be submitted to the Environmental Health Services 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. Evidence of Weld County Department of Public Health and Environment approval shall be submitted to the Weld County Department of Planning Services. (Dept. of Health) B. The applicant shall submit a manure and wastewater runoff handling plan for review and approval to the Weld County Department of Public Health and Environment. The plan shall describe how manure that is generated on the property will be disposed and describe how wastewater that comes into contact with the manure on the property will be managed. The applicant shall consider the Best Management Practices as described in the confined Animal Feeding Operation control Regulations (5 CCR 1002-81). The plan should also include the disposal of Dead Animals. (Dept. of Health) C. The applicant shall delineate parking and circulation patterns on the plat. Parking areas should include possible over flow necessary for fund raising events. Evidence of Weld County Department of Public Works approval shall be submitted to the Weld County Department of Planning. (Dept. of Public Works) RESOLUTION, USR-1253 Patrick Craig Page 3 D. The applicant shall supply the Department of Public Works with a statement describing how the facility and expansion may impact the historical drainage patterns. Evidence of Weld County Department of Public Works approval shall be submitted to the Weld County Department of Planning. (Dept. of Public Works) E. The plat shall be amended to show any proposed signage. (Dept. of Planning) F. The plat shall be amended to show any animal enclosures in the future expansion area. (Dept. of Planning) G. The plat shall be amended to include the size and common and botanical names of trees used in the landscaping. (Dept. of Planning) 3. Building and electrical permits shall not be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. (Planning Dept.) Motion seconded by Stephan Mokray. VOTE: For Passage Against Passage Absent Cristie Nicklas Fred Walker Arlan Marrs Bruce Fitzgerald John Folsom Michael Miller Bryant Gimlin Jack Epple Stephen Mokray 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 February 1, 2000. Dated the 1st of February, 2000. Trisha Swanson Secretary SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS PATRICK CRAIG USR-1253 1. The Site Specific Development Plan and Special Use Permit is for the keeping, raising, and boarding of exotic animals (Wildlife sanctuary) and kennel in the A(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) 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance, as amended. (Dept. of Planning) 3. The site shall not exceed the number of 80 exotic animals and hybrid wolves. (Dept. of Planning) 4. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20- 101, 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 Health) 5. No permanent disposal of wastes shall be permitted at this site. (Dept. of Health) 6. Waste materials shall be handled, stored and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. (Dept. of Health) 7. Fugitive dust shall be controlled on this site. (Dept. of Health) 8. The maximum permissible noise level shall not exceed the residential limit of 55 db(A), as measured according to Section 25-12-102, Colorado Revised Statutes. (Dept. of Health) 9. Adequate toilet facilities shall be provided for the volunteers. (Dept. of Health) 10. The facility shall utilize the existing well (permit number 213693). (Dept. of Health) 11. The operation shall comply with all applicable rules and regulations of the Division of Wildlife. (Dept. of Planning and Dept. of Health) 12. The facility shall provide a safe and adequate drinking water source, at all times to patrons of the facility. In the event the on-site well provides water for drinking for 25 or more people, it shall meet all the necessary requirements for a "non-community"water supply as defined in the Colorado Prima r y Drinking Water Regulations (5CCR 1003-1). Bottled water provided by a commercial source shall be considered an adequate source. (Dept. of Health) 13. In the event daily uses of the facility exceeds the number of people the septic system is designed for, the facility may supplement the on-site septic system with port-a-potty units for temporary events where the existing systems are not sufficient for patrons of the facility. (Dept. of Health) 14. The disposal of all sewage generated at the site shall comply with the Weld County Individual Sewage Disposal System Regulations. (Dept. of Health) 15. All construction on the property shall be in accordance with the Weld County Building Code Ordinance. (Dept. of Planning) 16. Any signs shall comply with Section 42 of the Weld County Zoning Ordinance (as amended). (Dept. of Planning) 17. No Trespassing signs shall be posted around the perimeter fence at 500 foot intervals. (Dept. of Planning) 18. Weld County Road 6 is designated as a section line access not maintain by Weld County. The existing 30' of right of way south of the section line will be used to access the site. (Dept. Of Public Works) 19. Weld County Road 6 will be graded and drained to provide all weather access. (Dept. Of Public Works) 20. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance, as amended. 21. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance, as amended. 22. Personnel from the Weld County Health Department and Weld County Planning Department 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. 23. 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 Planning Commission 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. 24. 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. Hello