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Home My WebLink About980365.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Stephan Mokray that the following resolution,with the changes in Development Standard Number 1 from 90 Dogs to 120 Dogs and 30 Cats to 35 Cats, and the addition of Condition of Approval Number 2H, 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-1174 APPLICANT: Anita & Kurt Knudson ADDRESS: 6173 Weld County Road 20, Longmont, CO 80504 PLANNER: Scott Ballstadt REQUEST: A Site Specific Development Plan and a Special Review Permit for a Veterinary Hospital with associated Dog Runs/Kennel (maximum boarding of 120 Dogs and 35 Cats) in the A (Agricultural) Zone District. LEGAL DESCRIPTION: Part of the SW4 of Section 18, T2N, R67W of the 6th P.M., Weld County, Colorado. LOCATION: North of and adjacent to Weld County Road 20 and approximately '/ mile east of Weld County Road 13. SIZE OF PARCEL: 24.98 acres 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 Sections 24.3 and 45.6 of the Weld County Zoning Ordinance, as amended, as follows: a. Section 24.3.1.1—This proposal is consistent with the Weld County Comprehensive Plan, as amended. Agriculture Goal #2 allows commercial uses which are directly related to agriculture to locate within Agricultural zoning when the impact to surrounding properties is minimal and where adequate infrastructure is available. The proposed Veterinary Hospital will serve the surrounding agricultural community and the facility will be served by public water and is proposing public sewer. Additionally, Urban Growth Boundary (UGB) Goal and Policy #2 encourages the concentration of urban development in or adjacent to existing municipalities. The proposed commercial use is located within the Town of Firestone's UGB as delineated by the Tri-Area Intergovernmental Agreement(IGA) and the adjacent property to the south of this proposal has been annexed to the Town of Firestone. Agriculture Goal#1 also encourages the preservation of prime farmland for agricultural purposes. The suitability of the soils on this 24.98 acre site are classified as "not prime" farmland by the USDA Soil Conservation Service and Colorado State University Extension. No prime farm ground will be taken out of production. 980365 4 EXHIBIT jig_ RESOLUTION, USR-1174 Anita and Kurt Knudson Page 2 b. Section 24.3.1.2 -- This proposal is consistent with the intent of the A (Agricultural) zone district. Section 31.4.2 includes veterinary clinics or hospitals as a Use by Special Review in the A zone district. Additionally,Section 31.4.8 provides for kennels, subject to the additional requirements of Section 45.6, as a Use by Special Review in the A zone district. The additional requirements contained in Section 45.6 are addressed by the attached Conditions of Approval and Development Standards. c. Section 24.3.1.3— The proposal will be compatible with existing surrounding land uses. The proposal is compatible with surrounding land uses which include agricultural production to the north and south and small residential acreages to the east and west. The applicant is proposing soundproofing of the hospital, as well as keeping dogs indoors at night. Development Standard#12 requires dogs and cats to be indoors between 7 p.m. and 7 a.m. d. Section 24.3.1.4-- 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. The Town of Frederick reviewed this proposal and requested that the applicant shall comply with Health Department regulations. The Town of Firestone has reviewed the proposal and is requesting an annexation agreement between the applicant and the Town pursuant to the Tri-Area IGA. e. Section 24.3.1.5--The proposal is located within the Tri-Area Intergovernmental Agreement area as identified by maps officially adopted by Weld County. Section 4.3 (b) of the Tri-Area IGA requires an annexation agreement as a condition of approval for any commercial use pursuant to Section 31.4.18 of the Weld County Zoning Ordinance. The Town of Firestone has reviewed the proposal and is requesting an annexation agreement. f. Section 24.3.1.6-- The applicant has demonstrated a diligent effort to conserve productive agricultural land. The suitability of the soils on this 24.98 acre site are classified as "not prime" farmland by the USDA Soil Conservation Service and Colorado State University Extension. No prime farm ground will be taken out of production with this proposal. g. Section 24.3.1.7—The Design Standards(Section 24.5 of the Weld County Zoning Ordinance, as amended), Operation Standards (Section 24.6 of the Weld County Zoning Ordinance, as amended), 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. 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. 980365 RESOLUTION, USR-1174 Anita and Kurt Knudson Page 3 2. Prior to recording the plat: A. The following note shall be placed on the plat: All proposed or existing structures will or do meet the minimum setback and offset requirements for the agricultural zone district. (Dept of Planning Services) B. The plat shall be amended to indicate the following: (1) Dimensions of the proposed building and parking lot(Public Works Dept.) (2) A minimum driveway width of 18 feet to accommodate two-way traffic to the facility (Public Works Dept) C. The applicant shall submit a landscaping plan to the Department of Planning Services for review and approval. The landscaping plan shall indicate location and species of all plant materials,planting implementation schedule and landscape maintenance plan. The plat shall be amended to include the approved landscaping plan. (Dept of Planning Services) D. The applicant shall submit a storm water drainage plan to the Weld County Public Works Department for approval. The applicant shall submit evidence of approval by the Public Works Department to the Department of Planning Services. (Public Works Dept) E. The facility shall obtain all appropriate permits from and maintain compliance with the Colorado's State Veterinarian's Office. The applicant shall submit to the Department of Planning Services evidence that such permits have been obtained. (Health Dept) F. An annexation agreement shall be executed between the applicant and the Town of Firestone, pursuant to Section 4.3 (b) of the Tri-Area Intergovernmental Agreement. (Dept of Planning Services & Town of Firestone) G. 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. (Dept of Planning Services) H. The applicant shall submit evidence to the Department of Planning Services that the applicant has attempted to address the concerns of the Frederick Area Fire Protection District. (Dept. of Planning Services) 3. Any proposed signage shall require appropriate building permits and be constructed in accordance with Section 42.2 of the Weld County Zoning Ordinance. (Dept of Planning Services) 990365 RESOLUTION, USR-1174 Anita and Kurt Knudson Page 4 Motion seconded by Rusty Tucker. VOTE: For Passage Against Passage Glenn Vaad Rusty Tucker Stephan Mokray Marie Koolstra Christie Nickles Fred Walker Bruce Fitzgerald Jack Epple 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 Inloes, 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 December 2, 1997. Dated�/ e2 the 2nd of ecember, 1997. / Wendi Inloes Secretary 980365 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS USR-1174 1. The Site Specific Development Plan and Special Use Permit is for a Veterinary Hospital with associated Dog Runs/Kennel (maximum boarding of 120 Dogs and 35 Cats) 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 Services) 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 Services) 3. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Health Dept) 4. No permanent disposal of wastes shall be permitted at this site. (Health Dept) 5. Waste materials shall be handled,stored,and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. (Health Dept) 6. Fugitive dust shall be controlled on this site. (Health Dept) 7. The maximum permissible noise level shall not exceed the residential limit of 55 db(A), as measured according to 25-12-102, Colorado Revised Statutes. (Health Dept) 8. Adequate toilet facilities shall be provided for the public. (Health Dept) 9. The facility shall utilize the Weld County Tri-Area Sanitation District for sewage treatment if a lift station is available. If a lift station is not available, the applicant shall contact the Weld County Health Department and apply for a septic permit. The Weld County Health Department requires that any proposed system shall be installed according to the Weld County Individual Sewage Disposal System Regulations. (Health Dept) 10. The facility shall utilize the Central Weld County Water District water tap which has been purchased. (Health Dept) 11. The facility shall maintain compliance with the United States Department of Agriculture Rules & Regulations Pertaining to the Administration and Enforcement of the Pet Animal Care and Facilities Act. (Health Dept) 12. All dogs and cats shall be kept indoors between the hours of 7 p.m. and 7 a.m. (Dept of Planning Services) 13. The facility shall maintain 8 a.m.-5 p.m.Monday through Friday and Saturday 9 a.m. -noon as hours of operation, as proposed in the application materials received by the Department of Planning Services. (Dept. of Planning Services) 14. Landscaping shall be maintained at all times. Dead or diseased plant materials shall be replaced with materials of similar quantity and quality. (Dept of Planning Services) 15. 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. (Dept of Planning Services) 380365 DEVELOPMENT STANDARDS, USR-1174 Anita and Kurt Knudson Page 2 16. 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. (Dept. of Planning Services) 17. 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. (Dept. of Planning Services) 18. 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. (Dept. of Planning Services) 19. 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. (Dept. of Planning Services) 980365 Hello