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Home My WebLink About20022744.tiff INVENTORY OF ITEMS FOR CONSIDERATION Applicant Crystal & Cordell Dye Case Number USR-1400 Submitted or Prepared Prior to At Hearing Hearing 1 Staff Comments X Department of Planning Services Field Check Form X Planning Commissioner Mokray 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 Surrounding Property/Mineral Owners X Utilities X 3 Referral List X Referrals without comment Colorado Division of Wildlife referral received 08/29/2002 X USDA-APHIS Veterinary Service referral received 08/13/2002 X 4 Referrals with comments X Department of Public Works referral received 09/03/2002 X Department of Public Health & Environment referral received 08/30/2002 X West Greeley Soil Conservation District referral received 08/19/2002 X Colorado Department of Agriculture, Division of Animal Industry referral received X 08/22/2002 Weld County Zoning Compliance referral received 08/06/2002 X Department of Building Inspection referral received 08/26/2002 X Weld County Sheriff's Office referral received 08/07/2002 X Department of Planning Services referral received 08/10/2002 X X j. EXHIBIT 2002-2744 t(�� uSQ tl`ko 5 Surrounding Property Owners- Letters X 6 PC Exhibits ya Letter from Rich LiPuma received September 10,2002 X 6 h Letter from the Department of Public Health& Environment X 7 Planning Commission Resolution I hereby certify that the XXXX items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Board of County Commissioners hearing. Carla L PI 4+1.14121.44 tkl b4- I--h frrym af[I( X 6 j /e tl cf o2os?«t 46a ) er,WI`P�. LAND USE APPLICATION SUMMARY SHEET COLORADO Case #: USR-1400 Hearing Date: September 17, 2002 Applicant: Crystal & Cordell Dye Planner: Carla Angeli Request: A Site Specific Development Plan and a Special Review Permit for a Dog Kennel (not to exceed 150 dogs) in the A (Agricultural) Zone District Legal Lot A of RE-1209; Pt. of the SW4 of Section 22, Township 4 North, Range 64 West Description: of the 6th P.M., Weld County, Colorado Location: East of and adjacent to Weld County Road 55 and 'A mile south of Weld County Road 44 Parcel #: 1053 22 000015 Parcel Size: 21+/- 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 08/06/2002 • Weld County Department of Public Health and Environment, referral received 08/30/2002 • Weld County Department of Public Works, referral received 09/03/2002 • Weld County Department of Building Inspection, referral received 08/26/2002 • Weld County Sheriffs Office, referral received 08/07/2002 • West Greeley Soil Conservation District, referral received 08/19/2002 • USDA-APHIS Veterinary Service, referral received 08/13/2002 • Colorado Department of Agriculture, Division of Animal Industry, referral received 08/22/2002 • Department of Planning Services, referral received 08/10/2002 • Colorado Division of Wildlife, referral received 08/29/2002 The Department of Planning Services did not receive responses from the following agencies: • Platte Valley Fire Protection District USR-1400,Crystal&Cordell Dye, 1 I EXHIBIT I fact � I WC SPECIAL REVIEW PERMIT ADMINISTRAT ADMINISTRATIVE R VI W COLORADO Case #: USR-1400 Hearing Date: September 17, 2002 Applicant: Crystal & Cordell Dye Planner: Carla Angell Request: A Site Specific Development Plan and a Special Review Permit for a Dog Kennel (not to exceed 150 dogs) in the A (Agricultural) Zone District Legal Lot A of RE-1209; Pt. of the SW4 of Section 22, Township 4 North, Range 64 West Description: of the 6th P.M., Weld County, Colorado Location: East of and adjacent to Weld County Road 55 and 1/2 mile south of Weld County Road 44 Parcel #: 1053 22 000015 Parcel Size: 21+/- acres THE DEPARTMENT OF PLANING SERVICES'STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: r 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. The site is 21 acres in size and is designated as "Not Prime" on the Weld County Farmlands of National Importance Map dated 1979. There is an existing Use by Special Review on the property(SUP-344)for a 500 head dairy. The site also serves as the single family residence for the applicants. The site is consistent with the agriculture zone district in which it is located. 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. A violation (VI-0200223)was cited on the property for exceeding the number of dogs allowed as a use by right. c. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing surrounding land uses. The 21 acre site contains approximately 400 dairy cows and 80 dogs. The site is surrounded by farmland on all sides and has rural agricultural uses. There are three houses located near the Dye's property. The USR-1400,Crystal&Cordell Dye,2 house to the south is approximately 800 feet away. The houses to the north are over 1,000 feet away from the applicant's northern property line. There are no residences affected by impacts of this site to the west or east. The location of the site, existing land uses, as well as the development standards and conditions of approval will ensure compatibility with the surrounding 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 property under review is not located within a three mile referral area of any municipality. 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 property is identified as "not prime" and is not used for crop production. The 21 acres is used for agricultural purposes in respects to the dairy operation on site and no prime farmland is disturbed with this proposal. 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. Prior to recording the plat: A. The plat shall be labeled Use by Special Review #1400 (Department of Planning Services) B. The plat shall delineate the following: 1) The attached Development Standards. (Department of Planning Services) 2) The boundary of the existing SUP-344 shall be amended and the remaining area shall delineate the boundary of the new Use by Special Review permit, USR-1400. C. The Colorado Department of Agriculture, Division of Animal Industry inspection report identified some needed repair and replacement for run #11 as stated in the referral received August 22, 2002. Written evidence of the repairs shall be USR-1400, Crystal&Cordell Dye,3 submitted to the Department of Planning Services. (Department of Planning Services) D. Building permits have been submitted for the change of use for the two wood frame structures used as the kennels. All necessary plans and documents shall be submitted to the Department of Building Inspection regarding those buildings to finalize the building permit process. (Department of Building Inspection) E. The Weld County Sheriffs Office is willing to discuss crime prevention methods with the applicant. Written evidence shall be submitted to the Department of Planning Services that the applicant has reviewed the referral response from the Sheriff's Office and shall attempt to discuss these matters with a representative of the agency. (Department of Planning Services) F. The applicant shall address the requirements of the Department of Planning Services as stated in the referral response dated August 10, 2002. The plat shall reflect issues regarding fencing, lighting, and outdoor storage. (Department of Planning Services) G. The Environmental Health Services Division was unable to locate a septic permit for the septic system serving the Dog Kennel. 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) H. 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: A. A list of wastes which are expected to be generated on site (this should include expected volumes and types of waste generated). B. A list of the type and volume of chemicals expected to be stored on site. C. The waste handler and facility where the waste will be disposed (including the facility name, address, and phone number). The existing access to the proposed USR crosses over a small (private) irrigation ditch to the facility. The applicant shall trim trees and shrubs at this access point to create an adequate sight distance in both directions. (Department of Public Works) J. 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) USR-1400,Crystal&Cordell Dye,4 K. SUP-344 shall be amended through the Board of County Commissioners proceeding prior to recording. (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 thirty(30)days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the$11.00 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) 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) USR-1400,Crystal&Cordell Dye,5 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Crystal and Cordell Dye USR-1400 1. The Site Specific Development Plan and Special Use Permit is for a Dog Kennel (not to exceed 150 dogs) 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 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) 4. 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) r 5. 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) 6. 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) 7. Fugitive dust shall be controlled on this site. (Department of Public Health and Environment) 8. 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., as amended. (Department of Public Health and Environment) 9. Adequate hand washing and toilet facilities shall be provided for the public. (Department of Public Health and Environment) 10. The facility shall utilize the existing public water supply (Central Weld County Water District). (Department of Public Health and Environment) 11. The applicant shall operate in accordance with the approved "waste handling plan". (Department of Public Health and Environment) r^ USR-1400,Crystal&Cordell Dye,6 12. 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) 13. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Department of Public Health and Environment) 14. The off-street parking spaces including the access drive shall be surfaced with gravel, asphalt, concrete, or the equivalent and shall be graded to prevent drainage problems. (Department of Public Works) 15. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Department of Public Health & Environment, Water Quality Control Division. (Department of Public Health & Environment) 16. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 17. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 18. 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. 19. 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. 20. 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-1400,Crystal&Cordell Dye,7 DEPARTMENT OF PLANNING SERVICES Kit WliD C PHONE (970) 353-6100, EXT.3540 FAX (97(970)304-6498 1555 N. 17TH AVENUE COLORADO GREELEY, COLORADO 80631 August 1, 2002 Cordell & Crystal Dye 20400 WCR 55 Kersey CO 80644 Subject: USR-1400- Request for a Site Specific Development Plan and Special Review Permit for a dog kennel(not to exceed 150 dogs)in the A(Agricultural)Zone District on a parcel of land described as Lot A of RE-1209; part of the SW4 of Section 22,T4N, R64W 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 September 17,2002,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. 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, CAAI.Y u ate/ . Carla Angell Planner •`".. .!n/! i s' . "' Ilit: '777.-- Ili,T"•'• , ,i '9 "1!r 7 r.; '.a. .I y�I /��^.'y� //))r p ivi i, sty f") _ .".7,..1:-.7. �' "liw .. . 'Ithi1" "i i '.•.` ' " W;l' _ti,.+ri "..74:- l utts II 7.E t" ec.cal.r. ,� RI.i ii' -5 ' ' ' ,i^ d} !A!....,....:1,.;0.,..-+ .f ,a• -ti,,,,,,,, .li I.: 770,,,:-,,,:- - nil` - it ( 44aR.. + j E „pp, ,s l,,# : ,` 1 i � ri!~ ri, It AJ s4f ELt r ! 1 ri� *7 I r ,,z thj.a +�� •Ya "�I4,1,4poimi P.140.1 ? 04. 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T,l1 '9710 9Y•i7US 1 4r Vt�cycit,'------n,t . '. 1 J'..y.r itiiss } ;), x. ty Y'+- t l, ry .1 I f. w; - ..1Name: MVC-048S.JPG Dimensions: 640 x 480 pixels i J lJ GJ ,r-.. FIELD CHECK CASE NUMBER: USR-1400 DATE OF INSPECTION: C45/13 APPLICANT'S NAME: Cordell & Crystal Dye PLANNER: Carla Angell REQUEST: Site Specific Development Plan and Special Review Permit for a dog kennel(not to exceed 150 dogs) in the A (Agricultural)Zone District. LEGAL DESCRIPTION: Lot A of RE-1209; part of the SW4 of Section 22, T4N, R64W of the 6th P.M., Weld County, Colorado. LOCATION: East of and adjacent to WCR 55 and % mile south of WCR 44. LAND USE: �r� N �-k-l'Ct �" k�'I.� A E 4.4 Oa etie-tu s DIIa( VE-145 Cows w AC 2ru?e cEA45 wtfl1 ResibtsCe To I oaT4 3 -. ZONING: N A(Agricultural) E A(Agricultural) S A(Agricultural) W A(Agricultural) COMMENTS: -T'1kegE is A 1D, Aigki o norJ M` This SnE Athia.4 w MA Two {2tstDe.Js- bare. LAID ISCLINT- dr Loc old C St ?skim.d vU oouveo `El AG e.tcucT�-E- . � ' � P.C. Member / 7gg V r r FIELD CHECK inspection date: August 28, 2002 CASE NUMBER: USR-1400 APPLICANT: Crystal & Cordell Dye LEGAL DESCRIPTION: Lot A of RE-1209; Pt. of the SW4 of 22-4-64 LOCATION: East of and adjacent to WCR 55 and approximately'/ mile south of WCR 44 Zoning Land Use N Agriculture N Farmland/ Single Family Residence E Agriculture E Farmland S Agriculture S Farmland/Dairy on site (SUP-344) W Agriculture W Farmland COMMENTS: Roads: WCR 44 is paved, WCR 55 is gravel Structures: 2 bldgs. that house the dogs. 1S' one is a converted garage (contains indoor and outdoor runs). 2nd building was constructed as a calf barn and has 24 dog runs. Landscaping: Features: Violations: VI-0200223 (for exceeding the number of dogs allowed) Other: The facility is well maintained. The general public is not allowed in the kennel facilities. Everything is by appointment only. Currently has approximately 80 dogs. (i (.. Carla Angeli, PlqMner r Mat Checklist POC Planner Item Comments Check Check Proper size and mcterial • 24"x i6" or 18" x 24"/Minimum 3 millimeter polyester sheet Lettering No stick-out lettering ' Minimum 8 pt. irtering l3oundaties of Lou Scale [ Suitable Scale?(1"=200'or l"=100') Accesses indicated I Shared Access?If so,is easement Certificate included? Roads labeled,including R.O.W Building I;nvt_ lN.,;) -r��._._.... _ ._ Vicinity Map Suitable Scale?(Minimum 1"=600') North Arrow Legal Description Notes from Planner/ Development Standards Conditions of Approv Owner's Certificate Notarial Certificate included?All owners must sign the plat, check the deed. Surveyor's Certificate and All surveyed plats Surveyor's Stamp Note:T tSr.plats do nor need to he surveyed Director of Planning Notaris'. Certificate included?(RE,SE, SPR,Final PUD if Ccrtificate Staff Approved) Planning Commi.ssioi. (USE,,�.1Z,Minor Sub. Final) Certificate Board Certificate :USR. COZ„Minor Sub Final) ,Final'),JD,RE,SE R.ZPM}1 if Board approved) Typical Road Cross Section (COZ,Final Minor Sun. and Final KID) Easements Please return the plat to the CAL` Technician within 24 hours of receiving the plat. Planner on Call: (Initials) Planner Signature: Date: • WELD COUNTY,COLORADO DEPARTMENT OF PLANNING SERVICES ---- PLEASE TAKE THIS SLIP TO THE FRONT DESK --- DATE l .l Z Z / OZ RECEIVED FROM -i S'Y O ‘I)C NO. TYPE FEES 4221 •RF.ISE 4221 •ZPMIIIMIIZPfZPAU 4221.11Sf1 4221 SITE PLAN REVIEW 4221 •COZ 4221 -POD 4221 •SUBDIVISION 4221 -BOA 1221 -MINOR SOB 4221 •FIIOPIGIIOP 4221 -REPLAT fi5fi0 RCI;ORDINGFEE c,it_ o v'L,' i l 1 a;, Ams n 3-ky 00 /MO•MAPSIPIIRLICArIUNS -2c) o0 f�'1VC14ik_ pL -T S Zv cJ 4730•INVESTIGATION FEE 4430•POSTAGE/HAWING ON-CALL PLANNER k ' I Z 00 IZ� © CASII ECIIECK 1110: O x 7 . l TOTAL RECEIPT II • • , Plannfnv ��ile Flo Sheet CASE SE n: /(_S, IV )' .ATE: ( O\1M[ T - ..\( TI ON: V(i /2- tt.t6e I.L.e 0 /' T Pe l v,,. 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