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Home My WebLink About20043260.tiff INVENTORY-OF ITEMS FOR CONSIDERATION Applicant Karen & Gerrit Voshel Case Number USR-1486 Submitted or Prepared Prior to At Hearing Hearing 1 Staff Comments X Continuance request Department of Planning Services Field Check Form Letter to Applicant Affidavit and photograph of sign posting Legal Notifications 2 Application X Maps Deed/Easement Certificate/Certificate of Conveyance Surrounding Property/Mineral Owners Utilities Soil Survey 3 Referral List X Referrals without comment USDA-APHIS Veterinary Service, referral received 8/19/2004 Larimer County, referral received 8/27/2004 4 Referrals with comments X Weld County Department of Public Health and Environment, referral received 9/8/2004, 9/21/2004 and 10/25/2004 Weld County Department of Public Works, referral received 8/18/2004 Weld County Department of Building Inspection, referral received 9/2/2004 West Greeley Soil Conservation District, referral received 8/20/2004 Weld County Zoning Compliance, referral received 8/13/2004 5 Surrounding Property Owners-Letters (,'ç Fv juilLe,) X Letter from Marci Grebing, dated September 1,2004 Letter from Charles A. Langdon, dated August 18,2004 Letter from Jennifer M. MacLeay and John Sorrenti, dated September 1, 2004 Letter from Brian K. Gore Letter from Charles and Adrienne Chavez Letter from Heather A. Steyn, Fort Collins Animal Hospital, dated August 10, 2004 EXHIBIT 2004-3260 Letter from Randy King,dated August 2,2004 tea- 6 Planning Commission Recelutien I hereby certify that the 5 items identified herein were submitted to the Department of Planning Services at or prior to the ,',// scheduled Planning Commissioners hearing. Ai Sheri (///itL��%% /�I Lockman 4. Planner II n AtAtVri LANDAPPLICATION SUMMARY SHEET COLORADO Case Number: USR-1486 Hearing Date: November 2, 2004 Applicant: Karen & Gerrit Voshel Address: P.O. Box 395,Wellington, CO 80549 Request: A Site Specific Development Plan and a Special Review Permit for a kennel (25 dogs) in the A(Agricultural)Zone District Legal Lot B RE-2725; Part of the W2 NW4 Section 28, T9N, R67W of the 6th P.M., Weld Description: County, Colorado Location: Approximately 1/4 mile south of County Road 102 and east of and adjacent to County Road 17 Parcel ID#: 0453 28 000007 Size of Parcel: 50.77 +/- 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 8/13/2004 • Weld County Department of Public Health and Environment, referral received 9/8/2004 and 9/21/2004 • Weld County Department of Public Works, referral received 8/18/2004 • West Greeley Soil Conservation District, referral received 8/20/2004 • Larimer County, referral received 8/27/2004 USDA-APHIS Veterinary Service, referral received 8/19/2004 • Weld County Department of Building Inspection, referral received 9/2/2004 The Department of Planning Services'staff has not received responses from the following agencies: • Nunn Fire Protection District • Weld County Sheriffs Office Colorado Division of Wildlife USR-1486 Voshel 1 EXHIBIT I / . t a SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW WUk. COLORADO Planner: S. Lockman Case Number: USR-1486 Hearing Date: November 2, 2004 Applicant: Karen & Gerrit Voshel Address: P.O. Box 395, Wellington, CO 80549 Request: A Site Specific Development Plan and a Special Review Permit for a kennel (25 dogs) in the A(Agricultural)Zone District Legal Lot B RE-2725; Part of the W2 NW4 Section 28, T9N, R67W of the 6th P.M., Weld Description: County, Colorado Location: Approximately 1/4 mile south of County Road 102 and east of and adjacent to County Road 17 Parcel ID#: 0453 28 000007 Size of Parcel: 50.77 +/- acres THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. 2. It is the opinion of the Department of Planning Services'staff that the applicant has shown compliance with Section 23-2-220 of the Weld County Code as follows: A. Section 23-2-220.A.1 --The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. Section 22-2-60 A.Goal 1 states"Conserve agricultural land for agricultural purposes which foster the economic health and continuance of agriculture." The area designated for the kennel already has existing buildings and improvements making it impractical to farm the site. 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 a Kennel as a Use by Special Review. C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses.The surrounding area is dryland pasture with homes within a quarter mile of the site.A six(6)lot Planned Unit Development is planned directly west of the site. Conditions of Approval ensure impact on the existing and future residences will be minimal. r USR-1486 Voshel 2 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 does not lie within the referral area for any municipality. In a referral response dated August 27, 2004, Larimer County indicated no conflict with their interests. 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 lot 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 applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The site is designated "High Potential Dry Cropland" by the USDA Soil Conservation Services. 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. All sheets of the plat shall be labeled USR-1486. (Department of Planning Services) B. 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 Health Services approval shall be submitted 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. 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) C. The application materials indicate that in the future the applicants would like to plant more trees along the north and south sides of their property as well as surrounding the kennel areas,house, and barn as windbreaks and sound barriers.The applicant shall submit a Landscape/Screening Plan which addresses the area surrounding the kennels for review and approval. (Department of Planning Services) D. The plat shall be amended to delineate the following: 1) The attached Development Standards. (Department of Planning Services) USR-1486 Voshel 3 2) The existing sign located at the entrance to the site.The sign shall not exceed sixteen(16) square feet in size. (Department of Planning Services) 3) The approved Landscape/Screening Plan. (Department of Planning Services) E. 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) 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 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-1486 Voshel 4 n SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS USR-1486 Karen &Gerrit Voshel 1. The Site Specific Development Plan and Special Use Permit is for a kennel (25 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. Twenty five(25) is the maximum number of adult dogs allowed on the site at any one time. Dogs over the age of six(6)months are counted in the maximum number of adult dogs in accordance with Section 23-1-90 of the Weld County Code. (Department of Planning Services) 4. 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) 5. 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) r^ 6. 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) 7. 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) 8. The applicant shall operate in accordance with the approved "waste handling plan". (Department of Public Health and Environment) 9. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of Public Health and Environment) 10. 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) 11. Adequate handwashing and toilet facilities shall be provided for invited guests of the facility. (Department of Public Health and Environment) 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 existing water well, permit number 223746, does not allow for a commercial operation or USR-1486 Voshel 5 employees. (Department of Planning Services) 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 and Environment) 16. If applicable, the applicant shall operate in accordance with the requirements of the Colorado Department of Agriculture,Division of Animal Industry. (Department of Public Health and Environment) 17. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) 18. The access drive to the residence and the kennel area should have adequate gravel of the equivalent to provide an all-weather access to the facility and should be graded to prevent drainage problems. (Department of Public Works) 19. 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. (Department of Public Works) 20. A building permit shall be obtained prior to the construction of any new building or addition to the existing building. (Department of Building Inspection) 21. A plan review is required for each building for which a building permit is required. Plans shall include a floor plan. Plans may be required to bear the wet stamp of a Colorado registered architect or engineer. Two complete sets of plans are required when applying for each permit. (Department of Building Inspection) 22. Buildings shall conform to the requirements of the various codes adopted at the time of permit application. Currently the following has been adopted by Weld County: 2003 International Building Code;2003 International Mechanical Code;2003 International Plumbing Code;2003 International Fuel Gas Code; and the 2002 National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) 23. The building use will probably be classified as B (kennel). Fire resistance of walls and openings, construction requirements, maximum building height and allowable areas will be reviewed at the plan review. Setback and offset distances shall be determined by Chapter 23 of the Weld County Code. (Department of Building Inspection) 24. Building height shall be measured in accordance with the 2003 International Building Code for the purpose of determining the maximum building size and height for various uses and types of construction and to determine compliance with the Bulk Requirements from Chapter 23 of the Weld County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County Code in order to determine compliance with offset and setback requirements. Offset and setback requirements are measured to the farthest projection from the building. (Department of Building Inspection) 25. The screening and landscaping on site shall be maintained in accordance with the approved Landscape/Screening Plan. (Department of Planning Services) 26. No employees beyond those living on site shall be allowed. (Department of Planning Services) 27. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. USR-1486 Voshel 6 29. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 30. Weld County Government Personnel 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. 31. 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. 32. 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-1486 Voshel 7 itt*irgMEMORANDUM WIlD TO: Weld County Planning Commission • COLORADO DATE: September 28, 2004 FROM: Sheri Lockman, Planner II SUBJECT: USR-1486, Karen & Gerrit Voshel The Weld County Department of Planning Services is requesting a continuance until November 2, 2004. The case was notified with an incorrect legal description. This will allow time for re- notification to surrounding property owners and the newspaper publication. DEPARTMENT OF PLANNING SERVICES (it PHONE (970) 353-6100, EXT.3540 FAX (970) 304-6498 hiDe 918 10'"STREET GREELEY, COLORADO 80631 COLORADO August 12, 2004 Karen &Gerrit Voshel PO Box 395 Wellington, CO 80549 Subject: USR-1486- Request for a Site Specific Development Plan and Special Review Permit for a kennel (25 dogs) in the A (Agricultural)Zone District on a parcel of land described as Lot B RE-2723; pt of the W2NW4 Section 28, T9N, R67W 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 October 5, 2004,at 1:30 p.m. This meeting will take place in the Hearing Room, Weld County Planning Department, 918 10`" 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, Sheri Lockman Planner PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS SEPTEMBER 24, 2004. 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, SHERI LOCKMAN, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE PLANNING COMMISSIONERS HEARING FOR USR-1486 IN THE A (AGRICULTURAL) ZONE DISTRICT. SHERI LOCKMAN Name of Person Posting Sign fib: on Signature of Person Posting Sign STATE OF COLORADO )ss. COUNTY OF WELD The foregoing instrument was subscribed and sworn to me this,QI day of „ t , 200 fl WITNESS my hand and official seal. lady Public My Commission Expires: `-P01 •r I'R ` ROWDY i _. l 'e : I %TAIN Elk '` r, � N►OU NOTICE nice nRl�YS _ -' A PUBLIC HEARING CONCERNING THIS PROPERTY WILL BE NELO AT: 49566 WC R 17 '.yy y y �`y '' •;" .�1.L. . _. ;/' ail i� ya ' • ' ` TOR MORE INFORMATION CALL • c ' WELD COUNTY DEPARTMENT OF , •t:' i -,,o. 7 . l�•, r Ori • PLANNING SERVICES AT at'J- A ♦ .4 y ( l'_�3ilkilu ttt 3SA0. '� '"ujyl , ♦ R: ??. • • • • 112 • K' • 1 ... :�: ' ;41 r • ' N i r \r !IITI ' J _ .1 i. .r. : j An. FIELD CHECK inspection date: September 21, 2004 Case Number: USR-1486 Applicant: Karen &Gerrit Voshel Legal Lot B RE-2725; Part of the W2 NW4 Section 28, T9N, R67W of the 6th P.M., Weld Description: County, Colorado Location: Approximately 1/4 mile south of County Road 102 and east of and adjacent to County Road 17 Zoning Land Use N A (Agricultural) N Agricultural/ Residential E A (Agricultural) E Agricultural S A (Agricultural) S Agricultural/Residential W A (Agricultural) W Agricultural COMMENTS: The entire area is dryland. Homes are to the North and South. However, they are not within close proximity. The site is well maintained with the existing kennels placed north of the home. r,/(A,. /76-7- �GGGi,- Sheri Lockman , Planner II Hello