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HomeMy WebLinkAbout951330.tiffRESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT #1080 FORA BOARDING KENNEL (60 DOGS/15 CATS) IN THE A (AGRICULTURAL) ZONE DISTRICT - CLIFFORD D. MORGAN AND PATRICIA A. MAHONEY 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 June, 1995, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of Clifford D. Morgan and Patricia A. Mahoney, 3240 47th Avenue, Greeley, Colorado 80631, for a Site Specific Development Plan and Special Review Permit #1080 for a boarding kennel (60 dogs/15 cats) in the A (Agricultural) Zone District on the following described real estate, to -wit: Lot A of RE #435, being in part of the SW'/ of Section 23, Township 5 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, Clifford Morgan and Patricia Mahoney, said applicants, were present, and WHEREAS, Section 24.4.2 of the Weld County Zoning Ordinance provides standards for review of said 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 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24.4.2 of the Weld County Zoning Ordinance as follows: a. This proposal is consistent with the Weld County Comprehensive Plan's Agricultural Goals and Policies. This land use is located within the Urban Growth Boundary area of Greeley and Evans. The Urban Growth Boundary area section provides for the County to encourage land -use development proposals as long as they conform to the desires of affected municipalities. The City of Greeley and Evans comments have been incorporated into this recommendation. 951330 PL0997 7k; f/L) Mcryccan//I741.hcn } SPECIAL REVIEW PERMIT #1080 - MORGAN AND MAHONEY PAGE 2 b. This proposal is consistent with the intent of the A (Agricultural) Zone District and is provided for as a Use by Special Review. c. No overlay districts affect the site. d. Special Review Permit Development Standards will provide adequate protection of the health, safety, and welfare of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Clifford D. Morgan and Patricia A. Mahoney for a Site Specific Development Plan and Special Review Permit #1080 for a boarding kennel (60 dogs/15 cats) 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 Special Review Permit shall be adopted and placed on the Special Review plat prior to recording the plat. The 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 15 days of approval by the Board of County Commissioners. 2. The Special Review activity shall not occur nor shall any building or electrical permits 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. 3. Prior to recording the plat: a. The applicant shall submit construction plans to the State Department of Agriculture for approval. A copy of the approval shall be submitted to the Department of Planning Services. b. The plat shall be amended to show a 50 -foot buffer from the property line on all sides of the proposed kennel. c. The applicant shall submit a screening plan to the Department of Planning Services for approval. The screening plan shall be shown on the plat. 951330 PL0997 SPECIAL REVIEW PERMIT #1080 - MORGAN AND MAHONEY PAGE 3 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 21st day of June, A.D., 1995. Weld County Clerk to the Board Deputy Clerk to the B0rad APPg S TO FORM: I/f�6�—t % C2 ty Attorney BOARD OF COUNTY COMMISSIONERS WELD COUNTY, OLORADO 4, Kirkmeyer, o-Tem 'Geor e . Baxter b[� .�7lu�i ie- onstance L. Harbert /f W. H. Webster 47,2) j'v1771 951330 PL0997 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS CLIFFORD D. MORGAN AND PATRICIA A. MAHONEY USR #1080 1. The Site Specific Development Plan and Special Review Permit is for a boarding kennel for sixty (60) dogs and fifteen (15) cats in the A (Agricultural) Zone District as submitted in the application materials on file and subject to the Development Standards stated herein. 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. 3. Suitable chemical and scientific controls shall be provided for rodent and insect control. 4. Drainage facilities or improvements shall be constructed to protect any adjacent rivers, -streams, or other bodies of water. 5. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 6. No permanent disposal of wastes shall be permitted at this site. 7. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 8. The facility shall be maintained in compliance with the United States Department of Agriculture Rules and Regulations Pertaining to the Administration and Enforcement of the Pet Animal Care and Facilities Act. 9. The maximum permissible noise level shall not exceed the commercial limit of 60 db(A), as measured according to 25-12-102, Colorado Revised Statues. 10. Any existing septic system(s) which is not currently permitted though the Weld County Health Department will require an I.S.D.S. evaluation prior to the issuance of the required septic permit(s). In the event the system(s) is found to be inadequate, the system(s) must be brought into compliance with current I.S.D.S. regulations. 11. The proposed septic system shall be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal regulations. 12. The applicant shall remove and handle feces and other waste material from the facility area in a manner that will prevent nuisance conditions. 951330 PL0997 DEVELOPMENT STANDARDS - MORGAN AND MAHONEY PAGE 2 13. The Weld County Health Department requires that this facility utilize the existing public water supply. 14. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 15. Personnel from the Weld County Health Department, Weld County Department of Planning Services, and Milliken Fire Protection District 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. All major 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 and the Board of County Commissioners before such changes from the plans or Development Standards are permitted. 16. The Special Review area shall be limited to the plans shown herein and governed by the foregoing Standards and all applicable Weld County regulations. Any other changes shall be filed in the office of the Department of Planning Services. 17. 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. 951330 IDL0997 Hello