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Home My WebLink About20080935.tiff INVENTORY OF ITEMS FOR CONSIDERATION Applicant Jack and Vicki Pierson Case Number USR-1644 • Submitted or Prepared Prior to At Hearing Hearing ti 1 Staff Comments X • Department of Planning Services Field Check Form X Letter to Applicant X N, Affidavit of sign posting X Legal Notifications X 2 Application X Maps X Deed X Surrounding Property/Mineral Owners X 3 Referral List Referrals without comment Plateville/Gilcrest Fire Protection District referral dated 12/5/07 X Colorado Department of Transportation referral dated 12/3/07 X Platte Valley Conservation District referral dated 12/19/07 X Weld County School District RE-1 referral dated 12/18/07 X State of Colorado, Division of Water Resources referral dated 12/3/07 X 4 Referrals with comments • Weld County Department of Public Health and Environment referral received X 1/9/08 Weld County Department of Public Works referral dated 1/2/08 X Weld County Department of Building Inspection referral dated 1/11/08 X Central Weld County Water District referral dated 12/3/07 Weld County Zoning Compliance Officer referral dated 11/28/07 X Weld County Department of Planning Services, Landscape referral dated 11/27/07 X 5 PC Exhibits i.4 Inf\p,4lJJ)u t. _9lxl a;c& I hereby certify that the 19 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commissioners hearing. Roger Caruso Planner see 2008-0935 • LAND USE APPLICATION COLORADO SUMMARY SHEET Case Number: USR-1644 Hearing Date: March 4, 2008 Applicant: Jack and Vicki Pierson Address: 15544 County Road 40 Platteville, CO 80651 Request: A Site Specific Development Plan and a Special Review Permit for a kennel (to accommodate 120 dogs) and one (1) single-family dwelling unit per lot other than those permitted under Section 23-3-20 A above-(o#4- Rngle mily` ltinc— ifnif a__n_d"auxiliory quarters_onaparcel of._lanteated Code 'n the A (Agricultural)Zone District. Legal Description: Lot C of RE-3345; Part of the E2NW4 and W2NE4 of Section 34, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado. Location: South of and adjacent to County Road 40 and approximately % mile west of County Road 33. Size of Parcel: +/- 5 acres • POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code. The Department of Planning Services' staff has received responses from the following agencies: • Weld County Department of Public Health and Environment, referral dated January 9, 2008 • Weld County Department of Public Works, referral received January 2, 2008 • Weld County Department of Building Inspection, referral January 11, 2008 • Weld County Zoning Compliance, referral dated November 28, 2007 • Weld County Department of Planning Services, landscape referral, dated November 27, 2007 • Central Weld County Water District, referral dated December 3, 2007 • Platte Valley Soil Conservation District, referral dated December 19, 2007 • Weld County School District RE-1, referral dated December 18, 2007 • City of Greeley, referral dated December 21, 2007 • Colorado Department of Transportation (CDOT), referral dated December 3, 2007 • Colorado Division of Water Resources, referral dated December 3, 2007 • Platteville/Gilcrest Fire Protection District, referral dated December 5, 2007 The Department of Planning Services' staff has not received responses from the following agencies: • Weld County Sheriffs Office • Colorado Division of Wildlife • Pierson USR 1644 Page 1 EXHIBIT I I • / SPECIAL REVIEW PERMIT W I// 1 ADMINISTRATIVE REVIEW COLORADO Planner: Roger Caruso Case Number: USR-1645 Hearing Date: March 4, 2008 Applicant: Jack and Vicki Pierson Address: 15544 County Road 40 Platteville, CO 80651 Request: Lot C of RE-3345; Part of the E2NW4 and W2NE4 of Section 34, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado. Legal Description: Part W2NE4 of Section 34, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado. Location: South of and adjacent to County Road 40 and approximately IA mile west of • County Road 33. Parcel Size: +1- 5 acres Parcel Number: 1057 34 100061 and 1057 34 00062 THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. 2. It is the opinion of the Department of Planning Services'staff that the applicant has shown compliance with Section 23-2-220 of the Weld County Code as follows: A. Section 23-2-220.A.1 --The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. Section 22-2-60 A.Goal 1 states, "Conserve agricultural land for agricultural purposes which foster the economic health and continuance of agriculture." The area consists of approximately 5 acres (once the administratively approved Recorded Exemption is recorded) and already has existing buildings and improvements making it impractical to farm the site. B. Section 23-2-220.A.2 --The proposed use is consistent with the intent of the A (Agricultural)Zone District. Section 23-3-40.K of the Weld County Code provides for Kennels as a Use by Special Review in the A(Agricultural)Zone District. • Pierson USR-1644 Page 2 • C. Section 23-2-220.A.3 --The uses which will be permitted will be compatible with the existing surrounding land uses. The proposed kennel facility will be approximately 1/8 of a mile from the nearest residences to the northeast, east and west; the surrounding property is zoned agriculture. The site is well screened by mature trees from County Road 40. Attached Development Standards and Conditions of Approval will ensure that this use is compatible with adjacent uses. D. Section 23-2-220.A.4--The uses which will 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 Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The site is located within the 3-mile referral area for the Town of Gilcrest. The Town of Gilcrest did not respond to the referral request. E. Section 23-2-220.A.5 --The site is not located within the floodplain as defined by FIRM map. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) • F. Section 23-2-220.A.6--The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The site is located in land designated as "irrigated, non-prime" according to the according to the U.S.D.A. Soil Conservation Map, dated 1979. G. Section 23-2-220.A.7 --The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250, Weld County Code), 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. H. Section 23-4-400—The attached Conditions of Approval and Development Standards will ensure that the kennel will be operated according to the supplementary kennel requirements outlined in this Section of the Weld County Code. 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 site is currently in violation (ZCV07-01156) if this Use by Special Review application is approved the property will be in compliance once the Use by Special Review plat is recorded. If denied, all commercial use must be removed from the property otherwise, the violation case will proceed accordingly The Department of Planning Services' staff recommendation for approval is conditional upon the following: 41 Pierson USR 1644 Page 3 • 1. Prior to recording the plat: A. All plat sheets shall be labeled USR-1644. (Department of Planning Services) B. The plat shall be amended to delineate the following: 1) The attached Development Standards. (Department of Planning Services) 2) The applicant shall indicate specifically on the plat the type of right-of- way/easement that exists on the property. (Department of Public Works) 3) The type and size of the trees located on-site shall be indicated on the plat. Trees should be a minimum of 2.5 inch caliper in size if deciduous and/or six feet in height if evergreen species. (Department of Planning Services) 4) The dimensions of parking spaces shall be indicated on the plat. Parking shall meet the design requirements for off-street parking outlined in Appendix 23-A of the Weld County Code. (Department of Planning Services) C. The applicant shall submit a dust abatement plan for review and approval, to the Environmental Health Services,Weld County Department of Public Health & Environment. Evidence of Health Department approval shall be provided to the Department of Planning Services. (Department of Public Health and Environment) D. The applicant shall provide written evidence to the Weld County Department of Public Health and Environment that the applicant has contacted the Colorado Department of Agriculture (CDA), Division of Animal Industry. This contact shall determine if a license • under the Pet Animal Care Facilities Act(PACFA), as defined under C.R.S. 35-80-101 through 117. C.R.S. is required, or provide evidence that the applicant is not subject to the PACFA requirements. (Department of Public Health and Environment) E. The applicant shall submit a waste handling plan, for approval, to the Environmental Health Services Division of the Weld County Department of Public Health & Environment. The plan shall include at a minimum, the following: 1) A list of wastes which are expected to be generated on site(this should include expected volumes and types of waste generated). 2) A list of the type and volume of chemicals expected to be stored on site. 3) The waste handler and facility where the waste will be disposed (including the facility name, address, and phone number). Evidence of Health Department approval shall be provided to the Department of Planning Services. (Department of Public Health and Environment) F. In the event the applicant intends to utilize the existing septic system at one of the homes for employee, visitor and kennel sanitation needs, the applicant shall specify which residence shall be made available for use. Additionally, that 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 from the resident's occupants and employees and visitors. The review shall be submitted to the Environmental Health Services Division of the Weld • Pierson USR-1644 Page 4 • 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. G. Alternately to item F above, the applicant shall install an individual sewage disposal system for the proposed employee, visitor and kennel sanitation needs and shall be installed according to the Weld County Individual Sewage Disposal Regulations. The septic system is required to be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. H. The applicant shall attempt to address the requirements of the Platteville/ Gilcrest Protection District as stated in their referral response received October 30, 2007. Written evidence of such shall be provided to the Department of Planning Services. (Mountain View Fire Protection District) The applicant shall address the requirements of the Weld County Department of Public Health and Environment as stated in their referral response dated January 9, 2009. Written evidence of such shall be provided to the Department of Planning Services. (Department of Public Health and Environment) J. The applicant shall address the requirements of the Weld County Department of Public Works as stated in their referral response dated January 2, 2008.Written evidence of such shall be provided to the Department of Planning Services. (Department of Public Works) K. The applicant shall address the requirements of the Weld County Department of Building Inspection as stated in their referral response dated January 11, 2008. Written evidence • of such shall be provided to the Department of Planning Services. (Department of Building Inspection) L. The applicant shall address the requirements of the Weld County Department of Planning Services, Landscape Referral, as stated in the referral response dated November 27, 2007. (Department of Building Inspection) M. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. (Department of Planning Services) 2. Upon completion of 1. above the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty(60) days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) 3. The Department of Planning Services respectively requests the surveyor provide a digital copy of this Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable). This digital file may be sent to mapsco.weld.co.us. (Department of Planning Services) • Pierson USR 1644 Page 5 • 4. 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. (Department of Planning Services) • • Pierson USR-1644 Page 6 • SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Jack and Vicki Pierson USR-1644 1. The Site Specific Development Plan and Special Use Permit is for a kennel (to accommodate 120 dogs) in the A (Agricultural) Zone District, and subject to the Development Standards stated hereon. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. The facility shall be limited to three (3)full-time employees not including the family residing on the property. (Department of Planning Services) 4. Visitors to the kennel shall only be allowed from 9 A.M. until 7 P.M. all days of the week. (Department of Planning Services) • D or un ' a PI ces) \c/iL 6. Dogs that are part of the kennel shall not exceed thirty-five (35) lbs. (Department of Planning Services) 7. Upon sale of the property the kennel shall cease to exist. (Department of Planning Services) 8. Upon the sale of the property and/or the kennel ceases to exist the mobile home shall be • removed from the site. (Department of Planning Services) 9. The applicant shall maintain current record of all dogs part of the kennel that are debarked. At a minimum seventy-five (75) per cent of all dogs part of the kennel must be debarked at all times. (Department of Planning Services) 10. Animal and feed wastes, bedding, debris and other organic wastes shall be disposed of so that vermin infestation, odors, disease hazards, and nuisances are minimized. Such wastes shall be removed at least weekly from the facility and disposed by a commercial hauler. (Department of Public Health and Environment) 11. All liquid and solid wastes(as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended)shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 12. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health and Environment) 13. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. (Department of Public Health and Environment) • Pierson USR 1644 Page 7 • 14. The applicant shall operate in accordance with the approved "waste handling plan". (Department of Public Health and Environment) 15. The applicant shall comply with the Colorado Department of Agriculture (CDA), Division of Animal Industry, if applicable. (Department of Public Health and Environment) 16. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be operated in accordance with the approved dust abatement plan at all times. (Department of Public Health and Environment) 17. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as delineated in 25-12-103 C.R.S., as amended. (Department of Public Health and Environment) 18. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the facility. (Department of Public Health and Environment) 19. Sewage disposal for the facility shall be by septic system. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems. (Department of Public Health and Environment) 20. The facility shall utilize the existing public water supply. (Left Hand Water District) (Department of Public Health and Environment) 21. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) • 22. The applicant must take into consideration storm water capture/quantity and provide accordingly for best management practices. (Department of Public Works) 23. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. (Department of Public Works) 24. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11)(Department of Planning Services) 25. Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40)(Department of Planning Services) 26. The landscaping on site shall be maintained in accordance with the approved Landscape and Screening Plan. (Department of Planning Services) 27. The property owner shall allow any mineral owner the right of ingress or egress for the purposes of exploration development, completion, recompletion, re-entry, production and maintenance operations associated with existing or future operations located on these lands. (Department of Planning Services) • Pierson USR-1644 Page 8 • 28. The property owner acknowledges that mineral owners and lessees have real property interests that entitle them to surface use in accordance with Colorado State Statutes and applicable Colorado oil and Gas Conservation Commission regulations. (Department of Planning Services) 29. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. (Department of Planning Services) 30. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. (Department of Planning Services) 31. Personnel from the Weld County Departments of Public Health and Environment, Planning Services and Public Works 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. 32. 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 Board of County Commissioners 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. 33. 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. • • Pierson USR 1644 Page 9 DEPARTMENT OF PLANNING SERVICES (} NORTH OFFICE 918 10' Street • GREELEY, CO 80631 PHONE: (970) 353-6103-610 0, Ext. 3540 I F41I4AX: (970) 304-6498 COLORADO November 28, 2007 Jack &Vicki Pierson 15544 CR 40 Platteville CO 80651 Subject: USR-1644- Request for a A Site Specific Development Plan and Special Use Permit for a KENNEL(up to 200 dogs)in the A(Agricultural)Zone District on a parcel of land described as Lot C of RE-3345;Part of the NE4 of Section 34,T4N, R66W of the 6th P.M.,Weld County, Colorado. Dear Applicants: Your application and related materials for the request described above are being processed. I have scheduled a meeting with the Weld County Planning Commission for March 4, 2008, at 1:30 p.m. This meeting will take place in the Hearing Room, Weld County Planning Department, 918 10th Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members may have. • It is the applicant's responsibility to comply with state statutes regarding notice to mineral estate owners. Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant shall provide the Weld County Planning Department with written certification indicating the above requirements have been met. It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property or if the property is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Gilcrest Planning Commission for their review and comments. Please call Gilcrest at 970-737-2426 for further details regarding the date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the Gilcrest Planning Commission meeting to answer any questions the Commission members may have with respect to your application. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time,date,and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway(access drive) intersects a publicly maintained road right-of-way. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission. This recommendation will be available twenty-four(24)hours before the scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services'office before the Planning Commission hearing to make arrangements to obtain the recommendation. If you have any questions concerning this matter, please call. Respectfully, • lerCaruso Planner PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS FEBRUARY 22, 2008. THE SIGN SHALL BE • POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT- OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, ROGER CARUSO, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE BOARD OF COMMISSIONERS HEARING FOR USR-1644 IN THE AGRICULTURAL ZONE DISTRICT. Name of P Posting Sign — Roger Caruso Signature of Person Posting Sign • STATE OF COLORADO ) ss. 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Mfr \ilk"' • • .'I - \ NS j --"'"auks; \at 1 • FIELD CHECK Inspection Date: • APPLICANT: Jack and Vicki Pierson CASE#: USR-1644 REQUEST: A Site Specific Development Plan and Special Use Permit for a KENNEL (up to 200 dogs) in the A (Agricultural)zone district. LEGAL: Lot C of RE-3345; Part of the NE4 of Section 34, Township 4 North, Range 66 West of the 6th Prime Meridian,Weld County,Colorado. LOCATION: South of and adjacent to CR 40 and 1/4 mile west of CR 33. PARCEL ID#: 1057 34 100061 and 1057 34 00062 PARCEL ACRES: 75 acres+/- USR SIZE : 5 acres+/- Zoning . Land Use N AG N E AG E I� Jl I S AG S W AG W rL , • Comments: — enne( (, 3 bu.,\p;n1 C �P0.rt SP �f nn - MiniM4k dot be-rkIra T Roger Caruso, Planner I ❑ House(s) o Derelict Vehicles ❑ Outbuilding(s) ❑ Non-commercial junkyard (list components) ❑ Access to Property ❑ Irrigation Sprinkler o Crop Productions o Crops o Site Distance o Wetlands ❑ Mobile Home(s) o Oil & Gas Structures o Other Animals On-Site o Wildlife o Water Bodies ❑ Utilities On-Site (transmission lines) o Ditch o Topography • Note any commercial business/commercial vehicles that are operating from the site. Hello