HomeMy WebLinkAbout20020596.tiff I- INVENTORY OF ITEMS FOR CONSIDERATION
APPLICANT: Philip and Patti Hiddessen CASE#: USR-1368
Submitted or Prepared
Prior to At
Hearing
Hearing
1 Planning Commission Resolution
2 Department of Planning Services' Staff Review X
3 Department of Planning Services' Field Check X
4 Legal Notice X
5 Letters to Mineral Owners X
6 Evidence of Posting X
7 Letter to Applicant X
8 Application X
9 Vicinity Map X
10 Site Maps submitted by applicant X
11 Referral List, Referrals without Comments X
12 Weld County Department of Public Works referral received 1-08-02. X
13 Weld County Department of Public Health and Environment„ referral X
received 1-16-02.
14 Weld County Department of Building Inspection, referral received 1.21-02. X
15 Weld County Zoning Compliance, referral received 1-24-02. X
16 Deed(s)/Certificate of Conveyance X
17 Surrounding Property/Mineral Owners X
18 Letters Applicant sent to Adjacent Property Owners X
19 Letter from Tom Goding, received 1-25-02 X
20 Letter from Matthies Properties, LLP, received 2-19-02 X
21 Soil Survey X
I hereby certify that the 21 items identified herein (Inventory of Items for Consid ion-Case # USR-1368) were
submitted at or prior to the scheduled Planning Commission Hearin rthe ertify t tbeete s were subsequently
forwarded to the Weld County Clerk to the Board's Office.
Lauren Li t•:• n r
. EXHIBIT
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cue.-It ,369
2002-0596
LANDAPPLICATION
SUMMARY SHEET
COLORADO
Case Number: USR-1368
Planner: Lauren Light
Hearing Date: March 5, 2002
Applicant: Philip and Patricia Hiddessen
Address: 2511 N. Pioneer
Mesa, AZ 85203
Request: A Site Specific Development Plan and a Special Review Permit for a Boarding
Kennel for 50 Dogs (includes boarding, training, special events and two dwelling
units, mobile homes) in the A (Agricultural) Zone District
Legal Lot B of RE-2790; Pt. of the E2 of Section 21, Township 7 North, Range 65 West
�-. Description: of the 6th P.M., Weld County, Colorado
Location: West of and adjacent to Weld County Road 43 and north of and adjacent to Weld
County Road 78
Size of Parcel: 73 +/- 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 1/24/2002
• Weld County Department of Public Health and Environment, referral received 1/16/2002
• Weld County Department of Public Works, referral received 1/8/2002
• Weld County Department of Building Inspection, referral received 1/21/2002
Colorado State Division of Wildlife, referral received 1/18/2002
• USDA-APHIS Veterinary Service, referral received 1/9/2002
• Town of Eaton, referral received 1/4/2002
• Town of Ault, referral received 2/13/02
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USR-1368 Hiddessen 1H,Brt
At443SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
11`k
COLORADO
Planner: Lauren Light
Hearing Date: March 5, 2002
Applicant: Philip and Patricia Hiddessen
Address: 2511 N. Pioneer
Mesa, AZ 85203
Request: A Site Specific Development Plan and a Special Review Permit for a Boarding
Kennel for 50 dogs (includes boarding, training, special events and two dwelling
units, mobile homes) in the A (Agricultural) Zone District
Legal Lot B of RE-2790; Pt. of the E2 of Section 21, Township 7 North, Range 65 West
Description: of the 6th P.M., Weld County, Colorado
Location: West of and adjacent to Weld County Road 43 and north of and adjacent to Weld
County Road 78
Size of Parcel: 73 +/- acres
Parcel
Number: 0709 21 000034
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 ordinances in effect. The U.S.D.A. soils map
indicate that the soils on this property are designated "Prime". There are currently
two mobile homes located onsite as well as several outbuildings. It appears from
County records that the mobile homes were permitted in 1986. One mobile home
USR-1368 Hiddessen 2
was permitted as an accessory to the farm and the other mobile home was
permitted as a principal dwelling unit. The addition of a three thousand square foot
(3,000) building will not affect the ability to farm the parcel as all the buildings are
located in the northwestern portion of the property.
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.H of the Weld County Code provides
for Kennels as a Use by Special Review in the A (Agricultural) Zone District.
Additional requirements regarding manure management, rodent and insect control
and drainage improvements are contained in Section 23-4-400 of the Weld County
Code
c. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the
existing surrounding land uses. The surrounding properties are predominantly
agricultural and rural residential in use. Conditions of Approval and Development
Standards are proposed to ensure that the applicant's proposed use will remain
compatible with the existing surrounding land 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 referral
boundary area for the Towns of Ault and Eaton. Both Towns responded indicating
no conflicts with their interests.
e. Section 23-2-220.A.5 -- The site does not lie within any Overlay Districts.
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 map indicate that the soils on this property are designated "Prime" land. The
location of the kennel will be in the northwest portion of the property which leaves
the majority of the parcel available for farming.
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.
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 Department of Planning Services' staff 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. Upon completion of Conditions of
Approval 2.A. through 2.E. the completed plat shall be delivered to the Weld County
USR-1368 Hiddessen 3
i-. 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.
(Department of Planning Services)
2. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1) Conform to Section 23-2-260.D of the Weld County Code which refers to
requirements for the special review permit plan map. The majority of the map
shall indicate the area containing the structures located on the northwest portion
of the property.
2) Indicate existing landscaping as well as maintenance and replacement of dead
or diseased plants.
3) A total of 40 feet from the centerline of Weld County Road 43 shall be
delineated right-of-way on the plat.
B. A Dust Abatement Plan shall be submitted to the Weld County Department of Public
Health and Environment, Environmental Health Services Division,for approval prior
to operation. Evidence of approval of the Dust Abatement Plan shall be submitted
to the Weld County Department of Planning Services. (Department of Public
Health and Environment)
C. The septic system(s)serving the home or other existing buildings that will be utilized
by employees or visitors 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)
D. The applicants shall apply for a permit with the United States Department of
Agriculture and comply with the Rules and Regulations pertaining to the
Administration and Enforcement of the Pet and Animal Care and Facilities Act.
Evidence of permit application shall be provided to the Department of Planning
Services. (Department of Planning Services)
E. The access to the facility shall be located and designed to be safe and shall not
present a safety hazard to the traveling public or to the vehicles accessing the
property. (Department of Public Works)
3. A separate building permit shall be obtained prior to the construction, alteration or
renovation of any building. A separate building permit may be required for any change in
the use of any building. (Department of Building Inspection)
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USR-1368 Hiddessen 4
4. Structures shall be separated from each other in accordance with the provisions of Chapter
5 of the 1997 Uniform Building Code. (Department of Building Inspection)
5. A plan review will be required for all buildings. Plans shall bear the wet stamp of a
Colorado registered architect or engineer. Two complete sets of plans are required when
applying for the permit. (Department of Building Inspection)
6. Building shall conform to the requirements of the 1997 UBC, 1998, IMC, 1997 IPC, 1999
NEC and Chapter 29 of the Weld County Code. (Department of Building Inspection)
7. Each building will require and engineered foundation based on a site-specific geotechnical
report or an open hole inspection performed by a Colorado registered engineer.
Engineered foundations shall be designed by a Colorado registered engineer. (Department
of Building Inspection)
8. All proposed structures shall meet the minimum setback and offset requirements for the
zone district in which the property is located. Pursuant to the definition of setback in the
Weld County Code, the required setback is measured from the future right-of-way line.
No building or structure as defined and limited to those occupancies listed as Groups A, B,
E, H, I, M and R in Table 3-A of the 1997 Uniform Building Code, shall be constructed within
a 200-foot radius of any tank battery or within a 150-foot radius of any wellhead. Any
construction within a 200-foot radius of any tank battery or 150-foot radius of any wellhead
shall require a variance from the terms of the Section 23-6-10 of the Weld County Code.
(Department of Planning Services)
9. 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)
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USR-1368 Hiddessen 5
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
PHILIP AND PATRICIA HIDDESSEN
USR-1368
1. The Site Specific Development Plan and Special Use Permit is for a Boarding Kennel for
50 dogs(includes boarding,training,special events and two dwelling units(mobile homes))
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. All future buildings with restrooms shall install an individual sewage disposal system 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.
(Department of Public Health and Environment)
•
4. Animal and food 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, or more frequently, from the facility and hauled by a
commercial hauler. (Department of Public Health and Environment)
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5. The facility shall operate in accordance with the approved dust control plan. The facility
shall have sufficient equipment available to implement appropriate dust control. Additional
control measures shall be implemented as required by the Weld County Health Officer.
(Department of Public Health and Environment)
6. 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)
7. 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)
8. 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)
9. Fugitive dust shall be controlled on this site. (Department of Public Health and Environment)
10. The facility shall adhere to the maximum permissible noise levels allowed in the Residential
Zone District as delineated in 25-12-103, C.R.S. (Department of Public Health and
Environment)
USR-1368 Hiddessen 6
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11. Adequate hand-washing and toilet facilities shall be provided for patrons and employees.
(Department of Public Health and Environment)
12. The facility shall utilize the existing public water supply. (North Weld Water District).
(Department of Public Health and Environment)
13. The applicant shall provide adequate temporary toilet facilities(porta-potties)for individuals
attending special events/competitions. (Department of Public Health and Environment)
14. Off street parking, including the access drive, shall be surfaced with gravel, asphalt,
concrete or the equivalent and shall be graded to prevent drainage problems. Parking on
the access drive is not allowed. (Department of Public Works, Department of Planning
Services)
15. No parking or staging of vehicles shall be allowed on Weld County Road 43. Utilize on-site
parking areas. (Department of Planning Services)
16. Any proposed structures in drainage areas shall retain water and disburse on the applicants
property through natural drainage ways or disburse into the field. (Department of Public
Works)
17. All construction or improvements occurring in the flood plain as delineated on Federal
Emergency Management Agency FIRM Community Panel Map 080266 750C dated
September 28, 1982, shall comply with the Flood Hazard Overlay District requirements of
Chapter 23, Article V, Division 3 of the Weld County Code. (Department of Planning
Services)
18. Any disturbance of wetlands shall require the applicant to contact the Army Corps of
Engineers pursuant to Section 404 of the Clean Water Act. (Department of Planning
Services)
19. Dogs shall be kept indoors from sunset to sunrise, or in a location that limits the noise from
barking dogs to carry beyond the property boundaries. A bermed area is an example of an
area that limits noise. (Department of Planning Services)
20. The maximum amount of dogs allowed for boarding shall be 50. (Department of Planning
Services)
21. Special events shall be limited to 6 per calendar year, as indicated in the application
materials. More then 6 events may be allowed with specific permission from the Weld
County Board of County Commissioners. (Department of Planning Services)
22. Special events shall be allowed from sunrise to sunset and shall be limited to herding
competitions and training seminars as specified in the application materials. (Department
of Planning Services)
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USR-1368 Hiddessen 7
23. An Assembly Permit shall be required as outlined in Chapter 12, Article I of the Weld
County Code if the number of people at a special event exceeds 350. (Department of
Planning Services)
24. The property owner or operator 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)
25. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
26. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
27. 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.
28. 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.
29. 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-1368 Hiddessen 8
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IDEPARTMENT OF PLANNING SERVICES
W�`p�. PHONE (970)FAX (970) 304-6498
N 17T
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COLORADO GREELEY, COLORADO 80631
December 28, 2001
Patti Hiddessen
2511 North Pioneer
Mesa AZ 85203
Subject: USR-1368- Request for a Site Specific Development Plan and a Special Review Permit for a
dog kennel (includes training, boarding, special events and two dwelling units) in the A
(Agricultural)Zone District on a parcel of land described as Lot B of RE-2790; part of the E2 of
Section 21, T7N, R65W 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 5, 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 Ault and Eaton Planning
Commission for their review and comments. Please call Ault at(970)834-2844 and Eaton at(970)454-3338
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 Ault and Eaton 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.
p Respectfully,
J
EXHIBIT
Lauren Light
Planner
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Date: 02/22/2002 12:21:32 PM
EXHIBIT
I _12___
FIELD CHECK Inspection date: February 6, 2002
CASE NUMBER: USR-1368
APPLICANT: Patti and Philip Hiddessen
LEGAL Lot B of RE-2790; Pt. of the E2 of Section 21, Township 21 North ,
DESCRIPTION: Range 65 West of the 6th PM, Weld County, CO
LOCATION: West of and adjacent to WCR 43; North of and adjacent to WCR 78
Zonina Land Use
N A (Agricultural) N Residence/corn
E A (Agricultural) E Residences/crops
S A (Agricultural) S Crop
W A (Agricultural) W Crop
COMMENTS: Weld County Road 43 is paved, the access easement is gravel. The existing
structures are located extremely far from the road and they are hard to see from the road.
There is one home which is located directly to the north of the existing structures.
Lauren Light, Planner
EXHIBIT
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