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Home My WebLink About20053267.tiff INVENTORY OF ITEMS FOR CONSIDERATION Applicant Bucy Case Number I USR-1521 Submitted or Prepared Prior to At Hearing ', Hearing 1 Staff Comments X Department of Planning Services Field Check Form X Letter to Applicant X Legal Notifications X y 2 Application X Maps X Deed/Easement Certificate X Surrounding Property/Mineral Owners X Utilities X 3 Referral List X Referrals without comment X Colorado Division of Wildlife, referral received 8/18/2005 X N 4 Referrals with comments X Weld County Department of Public Works referral received 7/13/2005 (3 pages) X Weld County Department of Public Health and Environment referral received X 8/2/2005 (2 pages) Weld County Department of Building Inspection referral received 8/5/2005(2 X pages) Weld County Zoning Compliance Officer referral received 7/26/2005 (2 pages) X X USDA-Veterinary Services referral received 7/13/2005 L Weld County Sheriff's Office referral received 8/17/2005 X Department of Agriculture-Division of Animal Industry, referral received 7/21/2005 X State Engineers Office—Division of Water Resources referral received 8/8/2005 X v (12 pages) 5 PC Exhibits 5A Letter dated July 15,2005 X 5B Letter received July 19,2005 X ' 5C Letter from Carmen Schlierkamp dated July 28, 2005 X \ 5D Letter from Charlene Fraser dated August 29, 2005 X \'` 5E Sign posting affidavit C(:�,( 1 X �C4Y tY�_ LL`n4u:a,lr. I hereby certify that the 19 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commissioners hearing. EXHIBIT A, 2005-3267 • 1 Chris Galhman 4 Planner Attitri COLORADO LAND USE APPLICATION SUMMARY SHEET Planner: Chris Gathman Case Number: USR-1521 Hearing Date: September 6, 2005 Applicant: Ruth Bucy Address: 39530 Boulevard D, Eaton, CO 80615 Request: A Site Specific Development Plan and a Special Review Permit for a Kennel (for up to 14 Schipperke dogs) in the A(Agricultural)Zone District. Legal Description: Lots 27-33, Block 24, Townsite of Camfield; being part of the E2 of Section 18, Township 7 North, Range 64 West of the 6th P.M., Weld County, Colorado Location: West of and adjacent to County Road 51 and approximately 1/2 mile South of County Road 82. Size of Parcel: 0.5 +1-acres Parcel Number: 0711 18 017008 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 July 26, 2005 ► Weld County Department of Public Health and Environment, referral received August 2, 2005 ► Weld County Department of Public Works, referral received July 13, 2005 ► Weld County Department of Building Inspection, referral received August 5, 2005 ► Platte Valley Soil Conservation District, referral received May 18, 2005 ► State of Colorado, Department of Agriculture — Animal Industry Division (PACFA), referral received July 21, 2005 ► USDA-APHIS Veterinary Services, referral received July 13, 2005 ► Town of Eaton, referral received ..... ► Weld County Sheriffs Office, referral received August 17, 2005 The Department of Planning Services' staff has not received responses from the following agencies: ► Galeton Fire Protection District EXHIBIT USR-1521 -BUCY 1 1 1 fern SPECIAL REVIEW PERMIT WIIDe ADMINISTRATIVE REVIEW COLORADO Planner: Chris Gathman Case Number: USR-1521 Hearing Date: September 6, 2005 Applicant: Ruth Bucy Address: 39530 Boulevard D, Eaton, CO 80615 Request: A Site Specific Development Plan and a Special Review Permit for a Kennel (for up to 14 Schipperke dogs) in the A(Agricultural)Zone District. Legal Description: Lots 27-33, Block 24, Townsite of Camfield; being part of the E2 of Section 18, Township 7 North, Range 64 West of the 6th P.M., Weld County, Colorado Location: West of and adjacent to County Road 51 and approximately 1/2 mile South of County Road 82. r Size of Parcel: 0.5 +/- acres Parcel Number: 0711 18 017008 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 22-2-130.A. UC. Goal 1 states "Ensure proper location and operation of compatible land uses by maintaining land use regulations within unincorporated communities." The area consists of approximately 0.5 acres and is located within an unincorporated townsite (Camfield). Development standards and conditions of approval will ensure compatibility with adjacent properties. 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. USR-1521 -BUCY 2 C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The property is within Camfield Township and is surrounded by residential lots to the south, west and north. Agricultural land is located to the east. One letter of opposition has been received from a surrounding property owner. Two phone messages in favor of the application and one phone message expressing concern with the proposed use have been received from surrounding property owners. Conditions of Approval and Development Standards will ensure that the use will be compatible with the surrounding area. 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 not located within an Intergovernmental Agreement Area nor is it located within three miles of any incorporated municipality. E. Section 23-2-220.A.5--The site does not lie within any Overlay Districts. 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) F. Section 23-2-220.A.6 -- The site consists of approximately .5 acres and already has existing improvements on site and is not compatible for farming. The U.S.D.A. Soils Maps of Prime Farmlands of Weld County indicate that the soils on this property as Prime if Irrigated Soils. 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 scheduling a Board of County Commissioners hearing: A. The applicant shall written provide evidence that the dog kennel has been incorporated in the Camfield Water Users Association Augmentation Plan #2005CW61. (Division of Water Resources/Department of Planning Services) 2. Prior to recording the plat: A. 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. Evidence of approval from the Department of Public Health and Environment shall be provided to the Department of Planning Services. 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. USR-1521 -BUCY 3 3) The waste handler and facility where the waste will be disposed (including the facility name, address, and phone number). (Department of Public Health and Environment) B. The applicant shall attempt to address the conditions/recommendations of the Weld County Sheriff's Office as stated in their referral received August 17, 2005. Written evidence of such shall be provided to the Department of Planning Services. (County Sheriff's Office) C. The plat shall be amended to delineate the following: 1. All sheets of the plats shall be labeled USR-1521. (Department of Planning Services) 2. The attached Development Standards. (Department of Planning Services) 3. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. An exception to this requirement is the scale of the proposal. The drawing shall be drawn to a scale of one inch equals twenty feet (1" = 20'). (Department of Planning Services) 4. The application materials do not identify the location of the dumpster (trash container) 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) 5. County Road 51 is designated on the Weld County Classification Plan as a collector status road, which requires an 80-foot right-of-way at full build out. A total of 40-feet from County Road 51 shall be indicated This road is maintained by Weld County. (Department of Public Works) 6. The applicant shall utilize the existing access to the site. All approved accesses shall be clearly shown on the plat. (Department of Public Works) D. 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 2005-7 approved June 1, 2005, 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. USR-1521 -BUCY 4 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, ArcInfo 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-1521 -BUCY 5 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Ruth Bucy USR-1521 1. The Site Specific Development Plan and a Special Review Permit for a Kennel (for up to 14 Schipperke 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. The site shall be limited to the owner/resident (no outside employees) as stated in the application materials. (Department of Planning Services) 4. Dogs shall be kept indoors from sunset to sunrise, or in a location that prevents the noise from barking dogs to carry beyond the property boundaries. Dogs shall be supervised when outdoors. (Department of Planning Services) 5. This application shall be in compliance with Section 23-4-400 of the Weld County Code. (Department of Planning Services) 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. 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) 8. 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) 9. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. (Department of Public Health and Environment) 10. The applicant shall operate in accordance with the approved "waste handling plan". (Department of Public Health and Environment) 11. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of Public Health and Environment) 12. 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. (Department of Public Health and Environment) 13. Adequate toilet and handwashing facilities shall be provided (Department of Public Health and Environment) USR-1521 -BUCY 6 14. 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) 15. A permanent, adequate water supply shall be provided for drinking and sanitary purposes (domestic and commercial well #234085). (Department of Public Health and Environment) 16. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) 17. 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) 18. The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to run-off rate and velocity increases, diversions, concentration and-or unplanned ponding of storm run-off. The applicant must take into consideration stormwater capture/quantity and provide accordingly for best management practices. (Department of Public Works) 19. Utilize the existing access to the USR from Boulevard D. No direct access shall be granted from County Road 51. (Department of Public Works) 20. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240,Weld County Code. 21. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250,Weld County Code. 22. 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. 23. 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. 24. 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-1521 -BUCY 7 DEPARTMENT OF PLANNING SERVICES b NORTH OFFICE 918 10TH CO GREELEY, CO 806310631 PHONE: (970) 353-6100, Ext. 3540 FAX: (970)304-6498 "l i g e SOUTHW EST OFFICE 4209 CR 24.5 COLORADO LONGMONT, CO 80504 PHONE: (720)6524210, Ext. 8730 FAX: (720)652-4211 July 7, 2005 Ruth Buoy 39350 Boulevard D Eaton CO 80615 Subject: USR-1521- Request for a A Site Specific Development Plan and a Special Review Permit for a kennel for up to 14 Schipperke dogs in the A (Agricultural) Zone District on a parcel of land described as Lots 27-33, Block 24, Townsite of Camfield; Part E2 of Section 18, T7N, R64W 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 September 6,2005,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. 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, Chris Gathman Planner PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS August 27, 2005 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, Chris Gathman, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST 10 DAYS BEFORE THE PLANNING COMMISSIONERS HEARING FOR USR-1521 IN THE A (AGRICULTURAL) ZONE DISTRICT. Chris Gathman Name of Person Posting Sign (Lc Signature of Person Posting Sign STATE OF COLORADO )ss. COUNTY OF WELD ) ^ • The foregoing instrument was subscribed and sworn to me thi day of — , 2005. WITNESS my hand and official seal. uc,xyee AL_ Notary Public My Commission Expires:_� .firit 1" , �- _ • H,y n' P7 • 1 • y' `. 1' Q ti t, 0) w "' Ja �r :• �, 'MC NOTICE WiOcn. . - '.._. A PUBLIC HEARING CONCERNING THIS PROPERTY WILL BE HELD AT: •.� 46, ''4 a._ -s L V% i o t tea,.- ct,a ( \ ' a i a.. •. (CREEL£`+' "" � i.� R R.. ! .) r fl CotO2ADp snc,a� a y,�• d C M rx a 14- •t, ON ?ec}�(� , 20°SAT ) 3N;Ii . ,. ., ' , ./l Fv NAME �..'Ik .R �_ I ! r c � A ' f1 in " ASSpPy �� REQUEST P: v,,....\ B..,a,.,, A...,� ;,. .b n 4 Y �ASENo.• e`dSz,, � �4 FOR MORE INFORMpT1 ACRES WELD COUNTY DEPgR°T CALL - - -- PLANNING SERI/ MENT OF (970)353-6100 ext--, AT t ,' � 4p i V 4.• A v -- Iilp I;� 11 I1," 1.• I .I ., �J^ II I I II♦, Nil ,,_� 1 I ',r •+ v -_ 0., 4'. a« _ • IIIIIIIIMIIIII- ' 1 wl - - - -- - - - -- - =�'c =_4-= • . .. . -si S . - e=EEs I. . - 30 a i _ . ' - I ' R1 , p _ . 4. Ii , ',r ! I,, �k.1i I4 . f • i ..\�•! I 1 1.�+ it r _ .i. _ �. - r,t S I_y �'K"l F • ' ` ♦ O �- _.. •:f r _Gm 4.. ^ wt� -.3, `. 00,..- . le--- 44- '! Q '. 4hey,-, +/Y`. , ice . . . -- �--- _ - 1111_ -• f lJ l I 1 ` i = 1 � , I ILA i �, ,�' f a I ,i 1 I, i II , y14 II t •i •• �� 11 • t l) 1 1 i ,�Ifi ; 1• �r _ _ �-++-yam ��. !.-r ; - l4Jµ•! kI • "` ' . _ air _ `,.�sp9n►`_- "r H �., _Y .. n � 1� .,�t" t. `yo- ' r. f j�� • •"`. :, d� i� =+Gr sir • R -4 arti 1 ' • r � — � � Y.. r ,J7W ;1 it, X 1A n �7•P , y GI( I �{, F IJ }� y, ff Ih 7 ` N ♦ v 4d '+ r L�yY� r N'�' - I! - •\ ,:. • �3' r �y�3j�{SQ g y • fi Y :• • /t F �} S r3 < 1\.*4 \,,t 41� 7.*"' �iFr '�. ))F�. f nr I.��L Y r f.... } v .G .� T . Lr A �y .• ; '✓ � S ri Ppy dr f yr ; ;•;. A/[}�,, •- FIELD CHECK inspection date: August 27, 2005 CASE NUMBER: USR 1521 APPLICANT: Bucy LEGAL DESC: Lots 27-33, Block 24, Townsite of Camfield; Part of the E2 of Section 18, Township 7 North, Range 64 West of the 6th PM, Weld County, CO LOCATION: West of and adjacent to County Road 51 and approximately 1/2 mile South of County Road 82. Zoning Land Use N A (Agricultural) N Residential lots E A (Agricultural) E Agricultural land (vacant) S A (Agricultural) S Residential lots W A (Agricultural) W Residential lots Single-family residence (modular) on property. Backyard (kennel area) is completely enclosed with a 6-foot high opaque wooden fence. 6410 41-etai, Chris Gathman Planner II, AICP Hello