HomeMy WebLinkAbout20040863.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Barbara Schottelkotte Case Number USR-1456
Submitted or Prepared
Prior to At
Hearing Hearing
1 Staff Comments X
Department of Planning Services Field Check Form X
Letter to Applicant X
Affidavit 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 X
Platte Valley Soil Conservation District, referral received 12/11/2003 X
Ft. Lupton Fire Protection District, referral received 12/8/2003 X
City of Ft. Lupton, referral received 12/05/2003 X
USDA-APHIS Vet Service, referral received 12/4/2003 X
4 Referrals with comments X
Weld County Department of Planning Services, landscape review, referral X
received 12/3/2003
Weld County Zoning Compliance, referral received 12/11/2003 X
Weld County Sheriff Animal Control, referral received 12/13/2003 X
Weld County Department of Public Health and Environment, referral received X
12/22/2003
Weld County Department of Building Inspection, referral received 12/22/2003 X
Department of Public Works, referral received 12/9/2003 X
Weld County Sheriffs Office, referral received 1/12/2004 X
` 5 Surrounding Property Owners- Letters (.„11,A � pc eXijuL) X
.parr
2004-0863 ■
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5a Letter from Frank and Carol Hirt dated 12/15/2003 X
5b Letter from Paul and Judy Svendson dated 01/14/2004 X
I hereby certify that the twenty-five items identified herein were submitted to the Department of Planning Services at or prior to the
_Scheduled Planning Commissioners hearing.
' I
Jacqueli e atch + Planner
WC LAND
USE APPLICATION
SUMMARY SHEET
COLORADO
Case Number: USR-1456 Hearing Date: January 20, 2004
Applicant: Barbara Schottelkotte
Address: 15337 Caroline Ave., PO Box 1129 Brighton, CO 80601
Request: A Site Specific Development Plan and a Special Review Permit for a kennel (25
cats) in the A(Agricultural)Zone District
Legal Description: Lot 7 Block 20 Aristocrat Ranchettes Section 27, Township 2 North, Range 66
West of the 6th P.M., Weld County, Colorado
Location: North of and adjacent to Caroline Ave. and approximately 1/8 mile west of
Richard Ave. Aristocrat Ranchettes subdivision is located south of and adjacent
to CR 18 and east of and adjacent of CR 31.
Size of Parcel: 1 +/- acres
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County
Code.
The Department of Planning Services' staff has received responses from the following agencies:
Weld County Zoning Compliance, referral received December 11, 2003
• Weld County Department of Public Health and Environment, referral received December 22,
2003
• Weld County Department of Public Works, referral received December 9, 2003
• Weld County Department of Building Inspection, referral received December 22, 2003
• Fort Lupton Fire Protection District, referral received December 8, 2003
• Platte Valley Soil Conservation District, referral received December 11, 2003
• Weld County Long Range Planner, referral received December 3, 2003
• City of Fort Lupton, referral received December 5, 2003
• USDA-APHIS Veterinary Service, referral received December 4, 2003
Weld County Sheriffs Office, Animal Control, referral received December 13, 2003
• Weld County Sheriffs Office, referral received January 12, 2004
The Department of Planning Services' staff has not received responses from the following agencies:
• Fort Lupton RE-8 School District
• State of Colorado Department of Health (Division of Animal Industry)
EXi'IIBIT
Barbara Schottelkotte, USR-1456 Page 1 of 7
#*'1,&;
SPECIAL REVIEW PERMIT
I `D 0 • ADMINISTRATIVE REVIEW
COLORADO
Planner: J. Hatch
Case Number: USR-1456 Hearing Date: January 20, 2004
Applicant: Barbara Schottelkotte
Address: 15337 Caroline Ave., PO Box 1129 Brighton, CO 80601
Request: A Site Specific Development Plan and a Special Review Permit for a kennel (25
cats) in the A(Agricultural)Zone District
Legal Description: Lot 7 Block 20 Aristocrat Ranchettes Section 27, Township 2 North, Range 66
West of the 6th P.M., Weld County, Colorado
Location: North of and adjacent to Caroline Ave. and approximately 1/8 mile west of
Richard Ave. Aristocrat Ranchettes subdivision is located south of and adjacent
to CR 18 and east of and adjacent of CR 31.
Size of Parcel: 1 +/-acres
Parcel Number: 1309 27 215004
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 already has
existing buildings and improvements making it impractical to farm the site.
Barbara Schottelkotte, USR-1456 Page 2 of 7
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.
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 located in the Aristocrat Ranchettes
Subdivision, which is a rural/agricultural subdivision. Single family residences with
outbuildings surround the site. 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 but is within the three-mile referral area for the City of Fort Lupton. The City of Fort
Lupton in their referral received December 5, 2003, indicated no conflicts 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 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 is located in an existing subdivision, Aristocrat
Ranchettes. The site consists of approximately one (1) acre and is not compatible for
farming. The U.S.D.A. Soils Maps indicate that the soils on this property are designated
as Other Land.
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 submit a detailed signage plan to the Weld County Department of
Planning Services. (Department of Planning Services)
2. Prior to recording the plat:
A. The applicant shall provide the Department of Planning Services additional information
regarding the typical daily requirements, including approximate square footage of dog
runs, housing (bedding) and dietary requirements for all animals associated with this
application. (Department of Planning Services)
Barbara Schottelkotte, USR-1456 Page 3 of 7
B. The applicant shall provide the Department of Planning Services with evidence that
appropriate screening has been installed along the north property line or enter into a
private Improvements Agreement according to policy regarding collateral for
improvements and post adequate collateral for all landscaping and non-transportation
(plant materials, fencing, screening, water, signage etcetera). The agreement and form
of collateral shall be reviewed by County Staff and accepted by the Board of County
Commissioners prior to recording the USR plat. (Department of Planning Services)
C. The applicant shall provide the Department of Planning Services with evidence that the
garbage (tires, soda bottles, cans, etc.) on site have been removed. (Department of
Planning Services)
D. The applicant shall schedule the required inspections needed for one of the mobile
homes to be installed (PRS-033042) and the other to be demolished (BCS-030284).
Evidence of final approval from the Department of Building Inspection shall be submitted
to the Department of Planning Services. (Department of Building Inspection)
E. The existing septic system to be used for the proposed mobile home 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. Evidence of approval from the Department of
Public Health and Environment shall be provided to the Department of Planning Services.
(Department of Public Health and Environment)
F. The applicant shall submit a manure and stormwater management plan to the Weld
County Department of Public Health and Environment for review and approval. The plan
should describe how manure generated on site will be stored, managed, removed, land
applied, etc. The plan should also describe the fate of any stormwater that may come
into contact with manure. Evidence of approval from the Department of Public Health
and Environment shall be provided to the Department of Planning Services.
(Department of Public Health and Environment)
G. The applicant shall provide written evidence to the Weld County Department of Public
Health and Environment that the applicant has contacted the Colorado Department of
Agriculture (CDA), Division of Animal Industry. This contact shall determine if a license
under the Pet Animal Care Facilities Act (PACFA), as defined under C.R.S. 35-80-101
through 117 C.R.S. is required, or provide evidence that the applicant is not subject to the
PACFA requirements. Evidence of approval from the Department of Public Health and
Environment shall be provided to the Department of Planning Services. (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:
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.
Barbara Schottelkotte, USR-1456 Page 4 of 7
3) The waste handler and facility where the waste will be disposed (including the
facility name, address, and phone number). Evidence of approval from the
Department of Public Health and Environment shall be provided to the
Department of Planning Services. (Department of Public Health and
Environment)
The plat shall be amended to delineate the following:
1) The plat shall be labeled USR-1456 (Department of Planning Services)
2) The attached Development Standards. (Department of Planning Services)
3) The approved landscape/screening plan. (Department of Planning Services)
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)
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. 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 mansno,co.weld.co.us. (Department of Planning Services)
5. 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)
Barbara Schottelkotte, USR-1456 Page 5 of 7
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Barbara Schottelkotte
USR-1456
1. The Site Specific Development Plan and Special Use Permit is for kennel 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. 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)
4. 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)
5. No permanent disposal of wastes shall be permitted at this site. This is not meant to include
those wastes specifically excluded from the definition of a solid waste in the Solid Wastes
Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public
Health and Environment)
6. 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)
7. The applicant shall operate in accordance with the approved "waste handling plan". (Department
of Public Health and Environment)
8. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of
Public Health and Environment)
9. 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)
10. Adequate handwashing and toilet facilities shall be provided for sanitary purposes. (Department
of Public Health and Environment)
11. 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)
12. The facility shall utilize the existing public water supply, Aristocrat Ranchettes Water Project.
(Department of Public Health and Environment)
Barbara Schottelkotte, USR-1456 Page 6 of 7
13. The facility shall maintain compliance with the Best Management Practices outlined in the
Confined Animal Feeding Operation Regulations (5 CCR 1002-19). (Department of Public Health
and Environment)
14. 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) (Department of
Planning Services)
15. The Special Use Permit shall not be transferable to any successors in interest to the prescribed
property and shall terminate automatically upon conveyance or lease of the property to others for
operation of the facility. (Department of Planning Services)
16. No employees are permitted. (Department of Planning Services)
17. The kennel shall be limited to twenty-five (25) cats. (Department of Planning Services)
18. Should noxious weeds exist on the property or become established the applicant/landowner shall
be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II of the
Weld County Code. (Department of Planning Services)
19. The property owner shall allow any mineral owner the right of ingress or egress for the purposes
of exploration development, completion, recompletion, re-entry, production and maintenance
operations associated with existing or future operations located on these lands. (Department of
Planning Services)
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 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.
Barbara Schottelkotte, USR-1456 Page 7 of 7
Ilit a
MEMORANDUM
W `Pe DATE:O Weld County Planning Commissioners
1/12/04
COLORADO
FROM: Jacqueline Hatch, Planner or-
SUBJECT: USR-1456
Barbara Schottelkotte has applied for a Site Specific Development Plan and a Special Review
Permit for a kennel (25 cats) in the A (Agricultural) Zone District. The Department of Planning
Services is requesting a continuance of USR-1456. Staff is requesting the case be continued to
February 17, 2004 to allow for appropriate notification.
Kit
DEPARTMENT OF PLANNING SERVICES
iipilH'41
PHONE (970) 353-6100, EXT.3540
FAX (970) 304-6498
' 1555 N. 17TH AVENUE
GREELEY, COLORADO 80631
COLORADO
December 2,2003
Barbara Schottelkotte
PO Box 1129
Brighton CO 80601
Subject: USR-1456- Request for a Site Specific Development Plan and Special Review Permit for a kennel in the
A(Agricultural)Zone District on a parcel of land described as Lot 7,Block 20,Aristocrat Ranchettes,Section
27,T2N, R66W of the 6th P.M.,Weld County, Colorado.
Dear Applicant:
Your application and related materials for the request described above are being processed. I have scheduled a meeting
with the Weld County Planning Commission for January 20, 2004, at 1:30 p.m. This meeting will take place at the
Southwest Weld County Complex, 4209 CR 24 '/2, Longmont, 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 Fort Lupton Planning Commission for their review and comments.
Please call Fort Lupton at (303) 857-6694 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 Fort Lupton Planning Commission meeting to
answer any questions the Commission members may have with respect to your application.
A representative from the Department of Planning Services will be out to the property a minimum 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,
Jacqu in Hatch
Plann
PLANNING COMMISSION SIGN POSTING CERTIFICATE -
THE LAST DAY TO POST THE SIGN IS: , 142,601 . THE SIGN SHALL BE
POSTED ADJACENT TO AND VISIBLE FROM A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE
EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A
PUBLICLY 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 PUBLICLY MAINTAINED
ROAD RIGHT-OF-WAY.
I HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE
PROPERTY AT LEAST 10 DAYS BEFORE THE PLANNING COMMISSION HEARING FOR USR- '- 51)
THE SIGN WAS POSTED BY:
144-77,H
NAME OF PERSON POSTING SIGN
•
SIGNAT E FOR PERSON POSTING SIGN
STATE OF COLORADO)
)ss.
COUNTY OF WELD )
SUBSCRIBED AND SWORN TO ME THISil-r) DAY OF -reh lkb
NOTARY PUBLIC
MY COMMISSION EXPIRES: (-1/0T--)
THIS FORM SHALL BE PLACED IN THE APPROPRIATE FILE FOR THE ABOVE CASE.
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FIELD CHECK
CASE NUMBER: USR-1456 DATE OF INSPECTION: L ` (G^`"E'(.7'3
APPLICANT'S NAME: Barbara Schottelkotte
PLANNER: Jacqueline Hatch
REQUEST: Site Specific Development Plan and Special Review Permit for a kennel in the A(Agricultural)
Zone District.
LEGAL DESCRIPTION: Lot 7, Block 20, Aristocrat Ranchettes, Section 27, T2N, R66W of the 6th P.M.,
Weld County, Colorado.
LOCATION: North of and adjacent to Caroline;approximately 1/8 mile west of Richard(15337 Caroline).
LAND USE:
:k):/"\ c ' 1 .d-- 2 c-vc-re pr-2rar't e 5
ltV 4,- kovAec-:/410 9 n e-
W
ZONING: N A(Agricultural)
E A(Agricultural)
S A(Agricultural)
W A (Agricultural)
COMMENTS:
P.C. Member
FIELD CHECK Inspection Date: 12/15/03
APPLICANT: Barbara Schottelkotte CASE#: USR-1456
REQUEST: A Site Specific Development Plan and a Special Review Permit for a kennel in the A
(Agricultural)Zone District.
LEGAL: Lot 7 Block 20 Aristrocrat Ranchettes Section 27, Township 2 North, Range 66 West of
the 6th P.M.,Weld County, CO
LOCATION: North of and adjacent to Caroline and approximately 1/8 mile west of Richard (15337
Caroline).
PARCEL ID#: 1309 27 215004 ACRES: 1 +/-acres
Zoning Land Use
N R (Residential) N R (Residential)
E R (Residential) E R (Residential)
S R (Residential) S R (Residential)
W R (Residential) W R (Residential)
•
COMMENTS:
•
Property is fenced tO the south, west, and east (no fencing on the north)
Two mobile homes one to be removed — one to be primary dwelling (neither
one lived in)
Old RV •
Multiple cars and trucks (not running)
Multiple out-buildings•for animals
Foundation
2 goats, 1 peacock,•4 dogs, multiple chickens and geese
Saw three cats (healthy looking)
•
Jacquelin atch, Planner •
Hello