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Home My WebLink About20021058 r INVENTORY OF ITEMS FOR CONSIDERATION Applicant Lona and David Cowan Case Number USR-1369 Submitted or Prepared Prior to At Hearing Hearing 1 Planning Commission Resolution 2 Staff Comments X 3 Department of Planning Services field check form X 4 Planning Commissioner field check form X 5 Letter to Applicant X 6 Legal Notifications/Photograph of sign posting X 7 Application X 8 Maps X 9 Referral List X 10 Referrals without comment X Referrals with comments 11 Weld County Zoning Compliance, referral received 01/02/2002 X 12 Weld County Department of Public Health and Environment, X referral received 01/28/2002 13 Weld County Department of Public Works, referral received X 01/29/2002 14 Weld County Sheriffs Office, referral received 01/29/2002 X 15 City of Fort Lupton, referral received 01/31/02 X 16 Deed/Certificate of Conveyance X 17 Surrounding Property/Mineral Owners X 18 Letter from Jennie Santos, dated 02/04/2002 X 19 Letter from Elizabeth Counter, received 02/28/02 X 20 Utilities X 21 Soil Survey X PC Exhibits 22 Notice of public hearing printed in the Farmer and Miner X 23 Referral from the Department of Agriculture received 03/13/02 X EXHIBIT 2002-1058 24 A letter from the applicant addressing the concerns of the X Sheriff's office received March 14, 2002 25 Weld County Sheriff's Office, Animal Control case report X 26 Letter from Suzanne Kibel received March 18, 2002 X 27 number skipped 28 Kibel Photos X 29 3 Police Reports- Kibel X 30 Small Claims X 31 Case 00 M 500 X I hereby certify that the##items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to the Clerk to the Board's office. .-� Carla Angeli t Planner Wilk LAND APPLICATION SUMMARYS SHEET COLORADO Case Number: USR-1369 Hearing Date: March 19, 2002 Applicant: Lona & David Cowan Address: 7309 Henry St. Fort Lupton, CO 80621 Request: A Site Specific Development Plan and a Special Review Permit for a dog kennel not to exceed twenty-five(25)dogs, ten (10)horses, and five(5)cats in the A (Agricultural) Zone District Legal Description: Section 27, Township 2 North, Range 66 West of the 6th P.M., Weld County, Colorado, further described as Lot 8, Block 45, Aristocrat Ranchettes, second filing Location: Approximately 1/2 mile South of Weld County Road 18, North of and adjacent to Lamb Avenue and West of and adjacent to Henry Street Size of Parcel: 1 +1- 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 received January 2, 2002 • Weld County Department of Public Health and Environment, referral received January 28, 2002 • Weld County Department of Public Works, referral received January 29, 2002 • Weld County Sheriffs Office, referral received January 29, 2002 • Fort Lupton Fire Protection District, referral received January 16, 2002 • Colorado Division of Wildlife, referral received January 22, 2002 • USDA-APHIS Veterinary Service, referral received January 11, 2002 • City of Fort Lupton, referral received January 31, 2002 • Department of Agriculture, Division of Animal Industry received March 12, 2002 • Weld County Sheriff's Office, Animal Control referral received March 18, 2002 The Department of Planning Services has not received responses from the following agencies: • School District RE-S • Platte Valley Soil Conservation District r"• USR-1369,Cowan, Page 1 EXHIBIT /it SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW WilDe COLORADO Planner: Carla Angeli Case Number: USR-1369 Hearing Date: March 19, 2002 Applicant: Lona & David Cowan Address: 7309 Henry Street Fort Lupton, CO 80621 Request: A Site Specific Development Plan and a Special Review Permit for a dog kennel not to exceed twenty-five(25)dogs,ten(10)horses, and five(5)cats in the A (Agricultural) Zone District Legal Description: Section 27, Township 2 North, Range 66 West of the 6th P.M., Weld County, Colorado, further described as Lot 8, Block 45, Aristocrat Ranchettes, second filing Location: Approximately'/mile South of Weld County Road 18, North of and adjacent to Lamb Avenue and West of and adjacent to Henry Street Parcel Size: 1 +/- acres Parcel Number: 1309 27 411002 THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS REQUEST BE DENIED FOR THE FOLLOWING REASONS: 1. It is the opinion of the Department of Planning Services' staff that the applicant has not shown compliance with Section 23-2-220 of the Weld County Code as follows: a. Section 23-2-220.A.1 --The proposal is not consistent with Chapter 22 of the Code and any other applicable code provision or ordinance in effect. The proposed site is located on one (1) acre in the Aristocrat Ranchettes Subdivision. The current zoning allows for four(4) livestock animals per acre as stated in Section 23-1-90 of the Weld County Code. The applicant currently has three horses and sixteen dogs and is requesting to house up to twenty-five (25)dogs, ten (10) horses, and five (5) cats. The site contains two fenced in areas for the dogs and a barn and pen for the horses. There is not a sufficient number of dog houses for each dog and the manure and dog waste is not currently disposed of properly. The site adjoins residential properties to the north and west and is within one hundred (100)feet of the property owners to the south and east. Although kennels allow for more USR-1369,Cowan,Page 2 animals than permitted as a use by right in the agricultural zone, they should be permitted in areas that can support the additional animals. There is a current violation, VI-0100226, pending on the site. As proposed, the site is not capable of handling the number of animals the applicant is requesting. The existing conditions and environment does not justify granting the permit. b. Section 23-2-220.A.3--The uses which will be permitted will not be compatible with the existing surrounding land uses. The Aristocrat Ranchettes Subdivision is zoned A (agricultural) and does allow for household pets and farm animals on the property. However, the impacts of having additional animals on site does show cause for concern for the health, safety, welfare, and quality of life of the Weld County residents living nearby. Surrounding property owners will be exposed to higher noise levels and additional odors. Also there is a concern about the quality of care that can be given to all of these animals on a one (1) acre site. The Weld County Sheriff's office referral received January 29, 2002, "has serious concerns regarding this becoming a significant nuisance in the Aristocrat Acres area". The Sheriff's office also has significant limitations as to what enforcement can be done after a permit is issued...". Animal Control visited the site on March 1, 2002, case #1014 was written up in response to the condition and care of the animals located on the Cowan property. The report documented that no food or water was found in the dog pens or water for the horses. One female dog was looked at by the officer and reported to have a"swollen foot with a wound that was untreated", neck sores from the chain digging into the dog's skin, and "crusty lesions on the nose, forehead, and around both eyes". The Department of Planning Services' has received three letters opposing this request. c. Section 23-2-220.A.4--The uses which will be permitted will not 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 proposed site is not influenced by an Intergovernmental Agreement but is within the three mile referral area of the City of Fort Lupton. The City of Fort Lupton Planning Commission referral received January 31, 2002, indicated no conflicts with their interests, however had two areas of concerns. The first being, that the animal waste is handled properly to prevent off-site odor,dust, runoff,and mitigation of contaminants into the groundwater. The second concern is about the number of animals proposed for such a small site. 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. If the Planning Commission grants approval of this special use permit the Department of Planning Services' staff recommends the applicant adhere to the following standards: 1. Prior to recording the plat: A. The plat shall delineate the following: ^ 1) The attached Development Standards. (Department of Planning Services) USR-1369,Cowan, Page 3 2) The approved fencing and housing plan and any changes to landscaping or lighting within the site. (Department of Planning Services) B. The applicant shall submit a dust abatement plan to the Environmental Health Services,Weld County Department of Public Health and Environment,for approval prior to operation. (Department of Public Health and Environment) C. The applicant shall submit a manure and stormwater management plan to the Weld County Department of Public Health and Environment for review and approval. The plan should describe how manure generated on site will be stored, managed, removed, etc. The plan should also describe the fate of any stormwater that may come into contact with manure. 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, provide a copy of this license, or provide written evidence that the applicant is not subject to the PACFA requirements. (Department of Public Health and Environment) E. In the event, the applicant intends to utilize the existing septic system and is required to be licensed under the Pet Animal Care Facilities Act(PACFA),the 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. 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. (Department of Public Health and Environment) F. The applicant shall identify on the Plat a circulation pattern around the barn area (the east half of the property) to show how the facility could be utilized. (Department of Public Works) G. The applicant shall submit a plan to the Department of Planning Services for review and approval illustrating the fencing and housing that will be constructed and provided for the dogs. The fencing shall be opaque and a minimum of six feet tall. Each dog shall have its own kennel. As shown on the submitted drawing, the chaining of dogs is not sufficient or an acceptable manner of containing the dogs within the site. The size and type of material shall be shown on the drawing. The approved plan shall be placed on the use by special review plat map. (Department of Planning Services) H. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Plat is submitted and ready for recording. (Department of Planning Services) USR-1369,Cowan,Page 4 The applicant shall submit two paper copies of the Use by Special Review plat for review and approval. (Department of Planning Services) 2. Upon completion of the above items 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 the 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. r r USR-1369,Cowan,Page 5 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS LONA AND DAVID COWAN USR#1369 1. The Site Specific Development Plan and Special Use Permit is for a dog kennel not exceed twenty-five (25)dogs, ten (10) horses, and five(5)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. The applicant shall remove, handle, and stockpile manure from the livestock area in a manner that will prevent nuisance conditions. The manure piles shall not be allowed to exist or deteriorate to a condition that facilitates excessive odors, flies, insect pests, or pollutant runoff. The manure storage site shall have a water-tight surface which does not permit seepage or percolation of manure pollutants into the ground. (Department of Public Health and Environment) 4. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 5. 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. (Department of Public Health and Environment) 6. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris,and other potential nuisance conditions. (Department of Public Health and Environment) 7. Fugitive dust shall be controlled on this site. (Department of Public Health and Environment) 9. The facility shall utilize the existing septic system. (Department of Public Health and Environment) 10. The facility shall utilize the existing public water supply(Aristocrat Ranchette Water Project, Inc.) (Department of Public Health and Environment) 11. The facility shall operate in accordance with the approved dust control plan. (Department of Public Health and Environment) 12. Animal and food wastes, bedding, debris, and other organic wastes shall be disposed of USR-1369,Cowan,Page 6 so that vermin infestation, odors, disease hazards, and nuisances are minimized. Such wastes shall be removed at least weekly, or more frequently, from the facility and hauled by a commercial hauler. (Department of Public Health and Environment) 13. If applicable, the applicant shall comply with the Colorado Department of Agriculture, Division of Animal Industry, as defined in the Pet Animal Care Facilities Act, 35-80-101 through 117, C.R.S. (Department of Public Health and Environment) 14. The dogs shall be kept indoors between 9:00 p.m. and 7:00 a.m. 15. The property owner shall be responsible for complying with the additional requirements of Section 23-4-400 of the Weld County Code which refers specifically to kennels. (Department of Planning Services) 16. The additional (three) horses brought on site shall only be allowed for the two weeks per year when the applicant's visitors are staying on the property. The applicant shall be limited to four horses per acre for the remainder of the year. (Department of Planning Services) 17. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 18. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. e"` 19. Personnel from the Weld County Departments of Public Health and Environment, Public Works, and 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 herein and all applicable Weld County regulations. 20. 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. 21. 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. r USR-1369,Cowan, Page 7 147 DEPARTMENT OF PLANNING SERVICES 6. 1555 N. 17`"AVENUE GREELEY, COLORADO 80631 IWEBSITE: www.co.weld.co.us C. • PHONE (9 O) 353-6100, EXT. 3540 FAX (970) 304-6498 COLORADO February 27, 2002 Lona and David Cowan 7309 Henry St. Fort Lupton, CO 80621 Dear Mr. and Mrs. Cowan: Enclosed are the concerns from the Weld County Sheriffs Office. Please send me a letter addressing their concerns and I will incorporate them into my comments. Thank you for your attention to this matter. Sincerely, eg-C-eiC (27 4: Carla Angeli Planner ' DEPARTMENT OF PLANNING SERVICES WE`D C PHONE (970) 353-6100, E4.6498 FAX (9(970)3004-6498 1555 N. 17TH AVENUE COLORADO GREELEY, COLORADO 80631 January 9,2002 Lona & David Cowan 7309 Henry Street Ft. Lupton CO 80621 Subject: USR-1369- Request fora Site Specific Development Plan and a Special Review Permit for a Kennel in the A(Agricultural)Zone District on a parcel of land described as Section 27,T2N,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 March 19,2002,at 1:30 p.m. This meeting will take place in Room 210, Weld County Planning Department, 1555 N. 17th Avenue, 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 Ft. Lupton Planning Commission for their review and comments. Please call Ft. Lupton at (970)346-0326 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 Ft. Lupton 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 often 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, Carla Angeli Planner DOWIT Sign posted March 9, 2002 By: Carla Angell Ck .,.. I ''d' ' e.".a « .nrwrj 3di + 1 I 1# r�Yr . , 47 1?, r::14/14?!. • O ACRES 'l rC3 rry IiI 4 (, K tr4, �, t villa t AYM..rm P.AM J vy.' ' nl... . � I! trrt -S'lf_ � I IT rC x1 �."f NNFC ..:lJ i- aM $� biii,-''''''':„4'414.1;•.'11';,t1.1;. •„%,',... x , ve y� a C 7'i-r'ICrer jY� - � I ='a� ��e�. ,�ws �#'��L� 41�� NC�FiNINCTMl5 ,' 07•17."' ('a'�$ '•' k`71 ,::O O .D AT 1555 NORTH ''' t € �' ' 'C.{7RADO 80631, Gr r* ' gl,<si ' 1�-� �• : 7��d;irn ION CALL THE' �, b �'; c,I,I�GI� tFa :1-4 +� t= F PLANNING I., '.1 ; 1 � Ii '' Ift)1�6. i"; ' 8100EXT• 3540. ,' 1 s J� iA`. of t. ) 7i. y /;4:',1 ll. L Ai EXHIBIT ' 6 FIELD CHECK CASE NUMBER: USR-1369 DATE OF INSPECTION: t / S• 2 ,3 APPLICANT'S NAME: Lona & David Cowan PLANNER: Carla Angeli REQUEST: Site Specific Development Plan and a Special Review Permit fora Kennel in the A(Agricultural) Zone District . LEGAL DESCRIPTION: Section 27, T2N, R66W of the 6th P.M., Weld County, Colorado. LOCATION: North of and adjacent to Lamb Street and west of and adjacent to Henry Street, Lot 8, Block 45, Aristocrat Ranchettes, 2n° Filing. LAND USE: N Ne-Je ' o lzit - 1J 580�S" s awlra "i.IL tioM _1R it e.:,-�. J w 6;(� �t�w,r cS PCn hnG+ve& 4 CO"c ZONING: N A(Agricultural) E A(Agricultural) S A(Agricultural) W A (Agricultural) COMMENTS: (,okrbe/ lI �J�s DA S P.C. Member FIELD CHECK inspection date: 02/04/02 CASE NUMBER: USR-1369 APPLICANT: Lona & David Cowan LEGAL DESCRIPTION: Lot 8, Block 45, Aristocrat Ranchettes, Section 27-2-66 LOCATION: North of and adjacent to Lamb S€reet and West of and adjacent to Henry St. Zoning Land Use N A (agriculture) N Residential/ goats on property E A (agriculture) E Residential S A (agriculture) S Residential W A (agriculture) W Residential/ horses on property COMMENTS: anfras fir Roads: Lamb and Henry Streets are both 4ved roads Structures: Property has modular on it, stalls for horses, two fenced in areas for the dogs, animal waste is not taken care of properly, total of three horses, total of sixteen dogs on the property right:Currently. Dogs do not have separate cages Landscaping: Features: wire fencing around the property, two gates for entrances, one on Lamb (main entrance) and the second is on Henry. Violations: Bethany has a pending violation, applied for USR to come into compliance.(idelet.Carla Angelis Planner 1/&77-6-' Meer 1 Ng Hello