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Home My WebLink About962266.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Fred Walker 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-1128 ..:.r NAME: Kathryn Walling &J. Hammers + , CURRENT PLANNER: Todd A. Hodges iii - � r ADDRESS: 1204 Weld County Road 7, Erie, CO 80516 REQUEST: A Site Specific Development Plan and Special Review Permit for a dog training school and/hobby-- kennel (maximum 20 dogs) in the A(Agricultural)zone district. LEGAL DESCRIPTION: Located in the SW/4 of Section 27, T1N, R68W of the 6th P.M., Weld County, Colorado. LOCATION: East and adjacent to Weld County Road 7; approximately 1/4 mile north of Weld County Road 4. ACRES: 2.09 acres, more or less. PARCEL NUMBER: 1467 27 000028 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 Sections 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. This proposal is consistent with the Weld County Comprehensive Plan, as amended. This proposal is located within the referral boundary area for the Town of Erie. Erie reviewed this proposal and indicated in their referral response that it is in conformance with their comprehensive plan. b. Section 24.3.1.2--That the proposal is consistent with the intent of the district in which the use is located. This proposal is consistent with the intent of the A(Agricultural)zone district. The property is zoned A (Agricultural) and the proposed uses are provided for by approval of a Use by Special Review Permit. This proposal is consistent with A.Policy 1 of the Weld County Comprehensive Plan, as amended by locating in the Agricultural zone district which was established to protect and promote the County's agricultural industry. c. Section 24.3.1.3--That the uses which would be permitted will be compatible with the existing land uses. The uses which will be permitted are compatible with the existing surrounding land uses. The surrounding properties are zoned A(Agricultural). Department of Planning Services has not received any calls or letters from surrounding property owners indicating any concern with this proposal. Conditions of approval and development standards ensure that the proposed uses will remain compatible with the existing surrounding land uses. 962266 RESOLUTION, USR-1128 Kathryn Walling & J. Hammers Page 2 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 future development as projected by the comprehensive plan or master plans of affected municipalities. The proposed uses will be compatible with future development of the surrounding area as permitted by the A (Agricultural)zone district and with the future development as projected by the Comprehensive Plan or Master Plan of affected municipalities. As stated above the site lies within the referral boundary of the Town of Erie and this proposal is in compliance with Erie's comprehensive plan. 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 is not located within the Overlay District Areas identified by maps officially adopted by Weld County. 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 productive agricultural land in the locational decision for the proposed use. The applicant has demonstrated a diligent effort to conserve productive agricultural land by the design of the site. The proposed use will use existing structures. 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 Design Standards (Section 24.5 of the Weld County Zoning Ordinance, as amended) , Kennel Standards (Section 45.6 of the Weld County Zoning Ordinance, as amended), Conditions of Approval, and Development Standards ensure that there is adequate provision for the protection of the 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. 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. 2. The applicant shall provide two (2) five pound-multipurpose fire extinguishers for the classroom area. 3. The facility shall utilize the existing public water supply. 4. Prior to recording the plat: a. The applicants shall submit evidence to the Department of Planning Services that the existing septic system(s) are currently permitted through the Weld County Health Department or have had an I.S.D.S. evaluation done. 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. 962266 RESOLUTION, USR-1128 Kathryn Walling & J. Hammers Page 3 b. The applicants shall submit evidence to the Department of Planning Services that adequate restroom facilities are available for patrons of the site. In the event the existing septic system(s) is intended to serve the facility, an evaluation of the system(s) shall be conducted by a Colorado Registered Professional Engineer. The evaluation shall assess the adequacy of the system to handle the proposed load. If the system(s) is found to be inadequate is must be enlarged to handle the load. A copy of the evaluation shall be provided to the Weld County Health Department for review. In the event a new septic system is intended to serve the facility is shall be designed by a Colorado Registered Professional Engineer in accordance with Weld County I.S.D.S. Regulations. 5. The site shall maintain compliance with the Design Standards as listed in Section 24.5 of the Weld County Zoning Ordinance, as amended. 6. The site shall maintain compliance with the Operation Standards as listed in Section 24.6 of the Weld County Zoning Ordinance, as amended. 7. The south access to the site shall be closed, in accordance with Weld County' access policy Ordinance 180. 8. 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. Motion seconded by Shirley Camenisch. VOTE: For Passage Against Passage Glenn Vaad Cristie Nicklas Fred Walker Marie Koolstra Jack Epple Shirley Camenisch Arlan Mars 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, Jill Boshinski, 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 October 15, 1996. Dated the 15th of October, 1996. liw-y tv- Jill shinski Secretary 962266 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Walling & Hammers USR-1128 1. The Site Specific Development Plan and Special Review permit is for a dog training school and hobby kennel (maximum 20 dogs) 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. Fugitive dust shall be controlled on this site. 4. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 5. The facility shall be operated in a manner to control flies. 6. No permanent disposal of wastes shall be permitted at this site. 7. The maximum permissible noise level shall not exceed the industrial limit of 55 db(A), measured according to Section 25-12-102, C.R.S. 8. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 9. The applicants shall remove and handle feces and other waste material from the facility area in a manner that will prevent nuisance conditions. 10. The facility shall maintain compliance with Section 45.6 of the Weld County Zoning Ordinance, as amended. 11. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance, as amended. 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, as amended. 13. The south access to the property shall remain closed in accordance with Ordinance 180. 14. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 15. The site shall maintain compliance, at all times, with any applicable USDA requirements. 16. Personnel from the Weld County Health Department and Weld County Department of 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. 17. The Special Review area shall be limited to the plans shown hereon 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. 18. 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. 962266 Hello