HomeMy WebLinkAbout20070405.tiff 11..ENTORY OF ITEMS FOR CONSIDERATI.,.J
Applicant Jody Meyer Case Number USR-1587
Submitted or Prepared
Prior to At
Hearing Hearing
1 Staff Comments X
Department of Planning Services Field Check Form • X
Letter to Applicant X
Affadavit of sign posting X
Legal Notifications X
\` 2 Application X
Maps X
Deed/ Easement Certificate X
N, Surrounding Property/Mineral Owners X
3 Referral List X
Referrals without comment
North Weld County Water District referral dated 11/08/06 X
Union Colony Fire Protection District referral dated 10/25/06 X
Weld County Zoning Compliance referral dated 10/18/06 X
US Department of Agriculture Veterinary Services X
Colorado Division of Wildlife X
" 4 Referrals with comments X
Weld County Department of Public Works referral received 10/25/06 X
Weld County Department of Building Inspection referral dated 11/13/06 X
Weld County Department of Planning Services Landscape referral dated 11/9/06 X
Weld County Department of Public Health and Environment referral dated 11/21/06 X
West Greeley Soil Conservation District referral received 10/30/06 X
City of Greeley Community Development Planning Division referral dated X
11/2/06
5 -S..rretmd;.,y Rup,,rty Owners Lctk,id fI EX)iz X
Proof of Mineral Interests Notification A X
Shoemaker Letter dated 10/9/06 J X
Shirley Seize Letter dated 9/25/06 X
Larry Seize Letter dated 9/25/06 X
I hereby certify that the items identified herein were submitted to the Department of Planning Services at or prior to the scheduled
4 fanning Commissi -
EXHIBIT
Hannah Hipp L Planner�G
2007-0405
COLORADO LAND USE APPLICATION
SUMMARY SHEET
Case Number: USR-1587 Hearing Date: January 2, 2007
Applicant: Jody Meyer Address: 408 North 67th Avenue, Greeley, CO 80634
Request: A Site Specific Development Plan and a Special Review Permit for a Kennel
(Cattery for 30 adult cats) in the A(Agricultural)Zone District
Legal Description: Lot 13 2n° Filing JB Acres being part of Section 33, Township 6 North, Range 66
West of the 6th P.M., Weld County, Colorado
Location: East of and adjacent to North 67th Avenue and North of C Street
Size of Parcel: 1.7 +/-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 Zoning Compliance, referral dated 10/18/2006
• Weld County Department of Public Health and Environment, referral dated 11/21/2006
• Weld County Department of Public Works, referral dated 11/14/2006
• Weld County Department of Building Inspection, referral dated 11/13/2006
• Weld County Department of Planning Services Landscape, referral dated 11/9/2006
• Union Colony Fire Protection District, referral dated 10/25/2006
• West Greeley Soil Conservation District, referral received 10/30/2006
• North Weld County Water District, referral received 11/16/2006
• US Department of Agriculture and Veterinary Services, referral received 10/25/2006
• Colorado Division of Wildlife, referral received 10/30/2006
• City of Greeley, referral dated 11/2/2006
The Department of Planning Services'staff has not received responses from the following agencies:
• Weld County Sheriffs Office
EXHIBIT
USR-1587 Jody Meyer Page 1 of 8 1
I ISPECIAL REVIEW PERMIT
0 ADMINISTRATIVE REVIEW
COLORADO
Planner: Hannah Hippely
Case Number: USR-1587 Hearing Date: January 2, 2007
Applicant: Jody Meyer Address: 408 North 67th Avenue, Greeley, CO 80634
Request: A Site Specific Development Plan and a Special Review Permit for a Kennel
(Cattery for 30 adult cats)in the A(Agricultural)Zone District
Legal Description: Lot 13 2'd Filing JB Acres being part of Section 33, Township 6 North, Range 66
West of the 6th P.M., Weld County, Colorado
Location: East of and adjacent to North 67`°Avenue and North of C Street
Parcel Size: 1.7 +/-acres Parcel Number: 0805 33 302003
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 property, of approximately 1.7 acres, is in a subdivision and has an existing home on
site. Although, the property is designate as Prime Irrigated Land according to the USDA
Soil Maps of Prime Farmlands of Weld County Map dated in 1979, due to the parcel's
small size and the residential character of the neighborhood, it is no longer viable for
farming.
Section 22-2-60.D. A.Goal.4 states "Conversion of agricultural land to nonurban
residential, commercial, and industrial uses will be accommodated when the subject site
is in an area that can support such development. Such development shall attempt to be
compatible with the region. This goal is intended to address conversion of agricultural
land to nonurban uses. Once converted, this land is less conducive to agricultural
production."
The property is served by North Weld County Water District and an Individual Sewage
Disposal System. The proposed use will have little impact on the surrounding properties
as the Conditions of Approval and Development Standards will mitigate most impacts
however, a minimal increase in traffic is expected.
USR-1587 Jody Meyer Page 2 of 8
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A
(Agricultural)Zone District.
The Weld County Code provides for a Kennel as a Use by Special Review in the
Agricultural Zone District. A Cattery falls under the definition of a Kennel as per Sec. 23-
1-90 of the Weld County Code (any place other than a pet shop or a veterinary clinic or
hospital, where five (5) or more household pets of one (1) species ... are kept or
maintained).
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses.
The surrounding area is a subdivision with agricultural zoning. There are other single-
family homes in the vicinity which are part of the JB Acres subdivision and also
agriculturally zoned. No objection letters have been received from the surrounding
property owners. Conditions of Approval and Development Standards will not only
ensure that impact on the existing and future residences will be minimal but they will also
ensure compatibility with the adjacent properties.
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 City of Greeley lies within the three-mile referral area and did not indicate opposition
to the proposal. The concerns expressed by the City in their referral dated November 11,
2006 have been addressed through Conditions of Approval and Development Standards.
E. Section 23-2-220.A.5 -- The application complies with Section 23-5 of the Weld County
Code. The site does not lie within any Overlay Districts.
r
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 U.S.D.A. Soils Maps of Prime Farmlands of Weld County identifies the soils on this
property as Prime Irrigated Land. The property is 1.7 acres and has existing
improvements on site; consequently, it is not viable for farming as per Sec. 22-2-60 I.of
the Weld County Code.
G. Section 23-2-220.A.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 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.
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.
USR-1587 Jody Meyer Page 3 of 8
The Department of Planning Services' staff recommendation for approval is conditional upon the
following:
1. Prior to scheduling a Board of County Commissioners hearing:
A. The applicant shall provide a Lighting Plan, if applicable. Should exterior lighting be a
part of this facility, all lighting shall be delineated on the plat and be in accordance with
Section 23-3-250.B.6 of the Weld County Code. (Department of Planning Services)
B. The applicant shall provide a Sign Plan, if an on-site sign is desired. The sign shall
adhere to Section 23-4-90 of the Weld County Code and shall be delineated on the Plan
Map. (Department of Planning Services)
2. Prior to recording the plat:
A. The applicant shall address the requirements of the Department of Public Works as
stated in their referral dated November 14, 2006. Evidence of the Department of Public
Works approval shall be submitted to the Department of Planning Services. (Department
of Planning Services)
B. The applicant shall submit a Private Improvements Agreement according to policy
regarding collateral for improvements and post adequate collateral for all transportation
(access drive, parking areas, etcetera) improvements. The applicant shall submit to the
Department of Planning Services an itemized bid for review. The agreement and form of
collateral shall be reviewed by County Staff and accepted by the Board of County
Commissioners prior to recording the Use by Special Review plat. Or the applicant may
submit evidence that all the work has been completed and approved by the Department
of Planning Services and the Department of Public Works. (Department of Planning
Services)
C. The applicant shall attempt to address the requirements (concerns) of the City of
Greeley, as stated in the referral response dated November 2, 2006. Evidence of such
shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Planning Services)
D. The applicant shall address the requirements (concerns) of the Weld County Building
Inspection as stated in the referral response dated November 13, 2006. Evidence of
such shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Building Inspection)
E. The septic system serving the residence 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.
The review shall be submitted to the Environmental Health Services Division of the Weld
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. Evidence of approval by the Weld County Department of Public
Health and Environment shall be submitted to the Department of Planning Services.
(Department of Public Health & Environment)
USR-1587 Jody Meyer Page 4 of 8
F. 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; alternatively the applicant may provide evidence that
they are not subject to the PACFA requirements. Evidence of approval by the Weld
County Department of Public Health and Environment shall be submitted to the
Department of Planning Services. (Department of Public Health & Environment)
G. 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). (Department of Public Health &
Environment)
Evidence of approval by the Weld County Department of Public Health and Environment
shall be submitted to the Department of Planning Services. (Department of Planning
Services)
H. The plat shall be amended to delineate the following:
1. All sheets of the plat shall be labeled USR-1587 (Department of Planning
Services)
2. The attached Development Standards. (Department of Planning Services)
3. The approved Signage Plan. (Department of Planning Services)
4. The approved Lighting Plan. (Department of Planning Services)
5. The application materials do not identify the location of the trash collection area
on the plat. The plat shall delineate the screened enclosure as outlined in
Section 23-3-250.A.6 of the Weld County Code. (Department of Planning
Services)
6. Spaces reserved for the parking of vehicles shall be delineated on the plat. This
facility shall adhere to the number of on-site parking spaces indicated in
Appendix 23-B of the Weld County Code. The total number of on-site parking for
this facility shall be four (4) spaces. In accordance with Section 23-4-30.C all
parking and street access drives shall be surfaced with gravel, asphalt, concrete
or equivalent. Each parking space shall be equipped with wheel guards or curb
stops when necessary to prevent vehicles from extending beyond the boundaries
of the space and from coming into contact with other vehicles, walls, fences, or
plantings. The location of all curb stops in the parking areas per Section 23-4-
30.D of the Weld County Code shall be delineated on the plat. (Department of
Public Works)
USR-1587 Jody Meyer Page 5 of 8
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)
3. Upon completion of 1. and 2. 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 thirty (30) 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)
4. In accordance with Weld County Code Ordinance 2006-7 approved June 1, 2006, should the plat
not be recorded within the required thirty (30) days from the date the Board of County
Commissioners resolution a $50.00 recording continuance charge shall added for each additional
3 month period. (Department of Planning Services)
5. 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 maps@co.weld.co.us. (Department of Planning Services)
6. 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)
USR-1587 Jody Meyer Page 6 of 8
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Jody Meyer
USR- 1587
1. The Site Specific Development Plan and Special Use Permit is for a Kennel (Cattery for 30 adult
cats) in the A (Agricultural) Zone District, as indicated in the application materials on file 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. As stated in the application materials, hours of operation shall be limited to 9:00am to 12:00pm
and 4:00pm to 6:00pm Monday through Friday, 9:00am to 12:00pm on Saturdays, and 5:00pm to
6:00pm by appointment on Sundays.
4. As stated in the application materials, employees will be limited 1 full time employee who resides
in the home on site and one part time employee.
5. As stated in the application materials, the number of cats on site will be limited to 30. Cats over
the age of six (6) months are counted in the maximum number of adult cats in accordance with
Section 23-1-90 of the Weld County Code.
6. As stated in the application materials, all cats will be kept indoors at all times.
7. 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.
r
8. 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.
9. 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.
10. 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.
11. The applicant shall operate in accordance with the approved "waste handling plan".
12. Fugitive dust and fugitive particulate emissions shall be controlled on this site.
13. This facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone
as delineated in 25 12 103 C.R.S., as amended.
14. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the
facility. Employees and patrons to the site shall be allowed to use the restroom facilities in the
residence.
15. 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.
16. The facility shall utilize the existing public water supply. (North Weld County Water District)
USR-1587 Jody Meyer Page 7 of 8
17. The applicant shall comply with the requirements of the Colorado Department of Agriculture
(CDA), Division of Animal Industry.
18. The off-street parking spaces including the access drive shall be surfaces with gravel, asphalt,
concrete or equivalent, and shall be graded to prevent drainage problems. (Department of Public
Works)
19. 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)
20. The operation shall comply with all applicable rules and regulations of the State and Federal
agencies and the Weld County Code.
21. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere
to the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department
of Planning Services)
22. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
23. The property owner or operator shall be responsible for complying with the Operation Standards
of Section 23-2-250,Weld County Code.
24. Personnel from the Weld County Government 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.
25. 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.
26. 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.
USR-1587 Jody Meyer Page 8 of 8
DEPARTMENT OF PLANNING SERVICES
(itQ NORTH OFFICE
918 10TH Street
GREELEY, CO 80631
PHONE: (970) 353-6100, Ext. 3540
' FAX: (970) 304-6498
WI`Pc.
COLORADO October 18, 2006
Jody Meyer
408 n 67`" Ave
Greeley CO 80634
Subject: USR-1587- Request for A Site Specific Development and Special Review Permit for a Kennel
(Cattery)in the A(Agricultural)Zone District on a parcel of land described as 2JB-13, L13 2nd Filing
JB Acres; Pt of Section 33, T6N, R66W of the 6th P.M., Weld County, Colorado.
Dear Applicant:
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 January 2, 2007, 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 Greeley Planning Commission
for their review and comments. Please call Greeley at 970-350-9780 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
Greeley 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.
Res ectfully,
Hannah Hippely
Planner
PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE
THE LAST DAY TO POST THE SIGN IS 12/23/06 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, Hannah Hippely, 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-1587.
Hannah Hippely
Name of Person Posting Sign
1
Signature of Person Posting Sign
STATE OF COLORADO
) ss.
COUNTY OF WELD
The foregoing instrument was subscribed and sworn to me this\'day of kNieteM17L.( , 2006.
WITNESS my hand and official seal.
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Sethi . i Cary MANY
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FIELD CHECK Inspection Date: I2-/iz-1b4
APPLICANT: Jody Meyer CASE#: USR-1587
REQUEST: A Site Specific Development Plan and a Special Review Permit for a Kennel (Cattery) in
the A (Agricultural)Zone District.
LEGAL: 2JB -13 L13 2nd Filing JB Acres Section 33, T6N, R66W of the 6th P.M., Weld County,
CO
LOCATION: East of and adjacent to N 67th Avenue and North of C Street.
PARCEL ID# 0805 33 302003 ACRES: 1.7 +/-
Zoning Land Use
N AG N � n .
E AG E
S AG
1Z( ieGS •
W AG W / ,
Comments:
&I(701 W1 - dal
517C*-- .srvzrC
Han Hi ly, n r
❑ House(s) o Derelict Vehicles
❑ Outbuilding(s) o Non-commercial junkyard (list components)
o Access to Property o Irrigation Sprinkler
o Crop Productions o Crops
o Site Distance o Wetlands
o Mobile Home(s) o Oil & Gas Structures
❑ Other Animals On-Site o Wildlife
o Water Bodies o Utilities On-Site (transmission lines)
o Ditch ❑ Topography
Note any commercial business/commercial vehicles that are operating from the site.
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