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HomeMy WebLinkAbout951840.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Marie Koolstra that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: USR-1080 NAME: Clifford D. Morgan & Patricia A. Mahoney ADDRESS: 3240 47th Avenue Greeley, CO 80631 REQUEST: A Site Specific Development Plan an a Special Review Permit for a Boarding Kennel (60 dogs/15 cats) in the A (Agricultural) Zone District. LEGAL DESCRIPTION: Lot A or RE -435 being part of the SW4 of Section 23, T5N, R66W of the 6th P.M., Weld County, Colorado. LOCATION: East of and adjacent to 47th Avenue and approximately 1/2 mile south of Highway 34. 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: 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. This proposal is consistent with the intent of the A (Agricultural) Zone District and is provided for as a Use by Special Review. No overlay districts affect the Site. Special Review Permit Development Standards will provide adequate protection of the health, safety, and welfare 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 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 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. yb1b40 RESOLUTION, USR-1080 Clifford Morgan and Patricia Mahoney Page 2 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: 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. The plat shall be amended to show a 50' buffer from the property line on all sides of the proposed kennel. The applicant shall submit a screening plan to the Department of Planning Services for approval. The screening plan shall be shown on the plat. Motion seconded by Judy Yamaguchi. VOTE: For Passage Against Passage Ron Sommer Curt Moore Judy Yamaguchi Jack Epple Marie Koolstra Shirley Camenisch Richard Kimmel The Chairman declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Wendi 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 May 16, 1995. Dated the 16th of May, 1995. Wendi Swanson Secretary dookracn 951840 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Clifford D. Morgan & Patricia A. Mahoney USR-1080 The Site Specific Development Plan and Special Review permit is for a Boarding Kennel for sixty (60) do_ s and fifteen (15)cats in the A (Agricultural) Zone District as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 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. S. 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 thought 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. 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. 351340 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 heron and 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 and all applicable Weld County Regulations. 16. The Special l 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. 951840 Hello