HomeMy WebLinkAbout20040564.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Ralph & Barbara May Case Number USR-1451
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
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 Department of Agriculture referral received 10/24/2003 X
USDA Veterinary Services referral received 10/23/2003 X
Town of Hudson referral received 11/13/2003
4 Referrals with comments X
Weld County Department of Public Works referral received 11/7/2003 (2 pages) X
Weld County Department of Public Health and Environment referral received X
11/10/2003 (2 pages)
Weld County Department of Building Inspection referral received 11/19/2003 (3 X
pages)
Weld County Zoning Compliance Officer referral received 10/20/2003 X
Colorado Department of Planning Services referral received 10/20/2003 (3 pages) X
Weld County Sheriffs Office referral received 10/24/2003 X
Weld County Animal Control referral received 10/22/2003 X
5 Surrounding Property Owners/Mineral Owners - Letters (I None ---
6 PC Exhibits
• 6A Color Photos of property X
• 6B Letter from Ralph& Barb May and Dave& Becky Haynes dated December 5, 2003 X
• 6C Letter& Photos from Marge&William Post dated 12/15/2003 X
6D Planning Commission sign posting affidavit and ?ho10 X
7 eorrnnisslun Resolution
I hereby certify that the 18 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled
Board of County Commissioners hearing.
2004-0564 1tSe /9,51
Chris Gathman •S Planner
ftstrog
COLORADO LAND USE APPLICATION
SUMMARY SHEET
Case Number: USR-1451 Hearing Date: December 16, 2003
Applicant: Ralph & Barbara May Address: 2827 County Road 39, Brighton, CO 80603
Request: A Site Specific Development Plan and a Special Review Permit for a Kennel (not
to exceed 10 adult dogs (6 months and older)) in the A (Agricultural)Zone District
Legal Description: Lot 6, 2nd Replat of Lots 5 and 6, Apollo Subdivision; Pt. N2NE4 Section 19,
Township 1 North, Range 65 West of the 6th P.M.,Weld County, Colorado
Location: West of and adjacent to County Road 39 and Approximately 600 feet south of
County Road 8
Size of Parcel: +/- 10 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 10/20/2003
• Weld County Department of Public Health and Environment, referral received 11/10/2003
• Weld County Department of Public Works, referral received 11/7/2003
• Weld County Department of Building Inspection, referral received 11/19/2003
• Weld County Sheriffs Office, referral received 10/24/2003
• Weld County Long Range Planner, referral received 10/20/2003
• Weld County Animal Control, referral received 10/22/2003
• Town of Hudson, referral received 11/12/2003
• USDA-APHIS Veterinary Services, referral received 10/22/2003
• Colorado Department of Agriculture—Division of Animal Industry, referral received 10/24/2003
Referral responses have not been received from the following agencies:
Hudson Fire Protection District
Adams County
City of Brighton
Town of Lochbuie
West Adams Soil Conservation Service
EXHIBIT
May USR-14511
s
C SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
COLORADO
Planner: C. Gathman
Case Number: USR 1451 Hearing Date: December 16, 2003
Applicant: Ralph & Barbara May Address: 2827 County Road 39, Brighton, CO 80603
Request: A Site Specific Development Plan and a Special Review Permit for a Kennel (not
to exceed 10 adult dogs (6 months and older)) in the A(Agricultural)Zone District
Legal Description: Lot 6, 2nd Replat of Lots 5 and 6, Apollo Subdivision; Pt. N2NE4 Section 19,
Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado
Location: West of and adjacent to County Road 39 and Approximately 600 feet south of
County Road 8
Parcel Size: +1- 10 acres Parcel Number: 1473 19 101012
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
Kennels as a Use by Special Review in the A(Agricultural)Zone District.
May USR-1451 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 located in the Apollo Subdivision, which
is a rural/agricultural subdivision. A single family residence with outbuildings is located to
the north, cropland is located to the east and west of the property, and a single family
residence and outbuildings is located to the south. 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 Towns of Hudson and Lochbuie and
the City of Brighton. The Town of Hudson, in their referral received November 12, 2003,
indicated no conflicts with their interests. No referral responses have been received from
the Town of Lochbuie and the City of Brighton.
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 applicant has demonstrated a diligent effort to conserve
prime agricultural land in the locational decision for the proposed use. The front quarter
of the property is designated as"prime"farmground per the 1979 USDA Prime
Farmlands Map of Weld County. However, the location of existing improvements and
size of the existing lot(10 acres)makes it impractical to farm on this site.
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 plat shall be labeled USR-1451 (Department of Planning Services)
B. The plat shall be amended to delineate the following:
1. The attached Development Standards. (Department of Planning Services)
May USR-1451 3
2. A total of 30-feet from the Centerline of County Road 39 shall be indicated as
right-of-way for County Road 39. (Department of Public Works)
3. Two parking spaces shall be delineated on the plat for the general public.
Parking spaces shall meet the design requirements of Appendix 23-A of the Weld
County Code and at least one space shall meet the intent of the Americans with
Disabilities Act standards. (Department of Planning Services)
4. The approved Landscape and Screening Plan. (Department of Planning
Services)
C. Justification for the third access point shall be submitted to the Department of Public
Works. A written response from the Department of Public Works regarding the third
access point shall be provided to the Department of Planning Services. If required the
access shall be removed. (Department of Public Works)
D. The septic system serving the Haynes 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 Health Department approval shall be provided to the
Department of Planning Services. (Department of Public Health and Environment)
E. 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 such shall be submitted to the Department of
Planning Services. (Department of Public Health and Environment)
F. The applicant shall submit a waste handling plan, for approval, to the Environmental
Health Services Division of the Weld County Department of Public Health and
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.
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)
Evidence of Health Department approval shall be submitted to the Department of
Planning Services.
G. The applicant shall address the requirements of Department of Planning Services as
stated in the referral received October 20, 2003. Written evidence of such shall be
submitted to the Department of Planning Services. (Department of Planning Services)
May USR-1451 4
H. A new building permit shall be submitted for the building for which building permit#
BP40152 was issued to conduct inspections of the building. Evidence that the building
permit has been applied for shall be submitted to the Department of Planning Services.
(Department of Building Inspection)
A building permit shall be applied for and approved by the Department of Building
Inspection for the kennel facility. Evidence that the building permit has been finaled shall
be provided to the Department of Planning Services. (Department of Building Inspection)
(check with Jeff Reif—is a building permit required for this?—show him picture.)
J. The applicant shall submit a Landscape and Screening Plan for review and approval by
the Department of Planning Services. The Landscape and Screening Plan shall address
screening of neighboring properties (specifically the property to the north). (Department
of Planning Services)
K. The applicant shall provide justification to the Department of Planning Services that the
accessory Mobile Home approved under ZPMH-1484 is still being used as approved
under ZPMH-1484. A completed non-conforming use application shall be submitted to
the Department of Planning Services for this mobile home. (Department of Planning
Services)
L. All vehicles located on the property must be operational with current license plates, or be
screened from all adjacent properties and public rights of way, or be removed from the
property. All other items considered to be part of a noncommercial junkyard must also be
removed from the property or screened from adjacent properties and public rights-of-way.
Evidence of such shall be submitted to the Department of Planning Services.
^ (Department of Planning Services)
M. 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 maps(@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)
May USR-1451 5
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Ralph & Barbara May
USR-1451
1. The Site Specific Development Plan and Special Use Permit is for a kennel (not to exceed 10
adult dogs (6 months and older)) 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. Dogs within this kennel facility shall be limited to a weight of 20 (twenty) pounds or less.
(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. (Department of Planning Services)
5. Ten (10) 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)
6. The number of employees for the kennel shall be limited to three (3) family members as outlined
in the application. (Department of Planning Services)
7. Hours of operation for the kennel facility shall be from 8:00 A.M. to 5:00 P.M. as stated in the
application materials. (Department of Planning Services)
8. Meetings with customers to buy/sell dogs and puppies shall be by appointment only as stated in
the application materials. (Department of Planning Services)
9. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-
20-100.5, C.R.S.)shall be stored and removed for final disposal in a manner that protects against
surface and groundwater contamination. (Department of Public Health and Environment)
10. 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, 30-20-200.5, C.R.S. (Department of Public Health and Environment)
11. 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)
12. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of
Public Health and Environment)
13. The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone
District as delineated in 25-12-103, C.R.S. (Department of Public Health and Environment)
May USR-1451 6
14. 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 of by a commercial hauler. (Department of
Public Health and Environment)
15. The facility shall operate in accordance with the approved "waste handling plan". (Department of
Public Health and Environment)
16. Adequate hand washing and toilet facilities shall be provided for visitors of the facility.
(Department of Public Health and Environment)
17. 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)
18. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health and Environment)
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 stormwater run-off. (Department of Public Works)
20. Buildings shall conform to the requirements of the codes adopted at the time that permits are
applied for. Current adopted codes include the 1997 Uniform Building Code, 1998 International
Mechanical Code, 1997 International Plumbing Code, 2002 National Electrical Code and Chapter
29 of the Weld County Code. (Weld County Intends to adopt the 2003 International Building,
Residential, Mechanical, Plumbing and Fuel Gas Codes on February 1, 2004). (Department of
Building Inspection)
21. Building height, wall and opening protection and separation of buildings of mixed occupancy shall
be in accordance with the codes adopted at the time of the permit application. Setback and offset
distances shall be determined by Chapter 23 of the Weld County Code. (Department of Building
Inspection)
22. All vehicles located on the property must be operational with current license plates, or be
screened from all adjacent properties and public rights of way, or be removed from the property.
All other items considered to be part of a noncommercial junkyard must also be removed from the
property or screened from adjacent properties and public rights-of-way. (Department of Planning
Services)
23. Effective December 1, 2003, Building Permits issued on the lot will be required to adhere to the
fee structure of the County Wide Road Impact Program. (Department of Planning Services)
24. The landscaping on site shall be maintained in accordance with the approved Landscape and
Screening Plan. (Department of Planning Services)
25. The existing mobile home serving as employee housing for the kennel facility shall remain on a
temporary foundation and shall be removed upon sale or lease of the property/residence to
outside groups or individuals. (Department of Planning Services)
May USR-1451 7
26. 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)
27. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240,Weld County Code.
28. The property owner or operator shall be responsible for complying with the Operation Standards
of Section 23-2-250, Weld County Code.
29. The property owner or operator shall be responsible for complying with Section 23-4-400, Weld
County Code.
30. 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.
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.
May USR-1451 8
(iiti;stss\, DEPARTMENT OF PLANNING SERVICES
PHONE {970) 353-6100, EXT.3540
FAX (970)304-6498
1555 N. 17TH AVENUE
WIlDe GREELEY, COLORADO 80631
COLORADO
October 15, 2003
Ralph & Barbara May
2827 CR 39
Brighton CO 80603
Subject: USR-1451- Request for a Site Specific Development Plan and Special Review Permit for a dog kennel in
the A (Agricultural)Zone District on a parcel of land described as Lot 6, 2"d replat of Lots 5 & 6, Apollo
Subdivision; part of the N2 NE4 of Section 19,Ti N, R65W 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 December 16, 2003, at 1:30 p.m. This meeting will take place at the
Southwest Weld County Complex, 4209 CR 24 1/2, 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 Brighton,Hudson and Lochbuie Planning Commission for their review
and comments. Please call Brighton at(303)655-2023,Hudson at(303)536-9311 and Lochbuie at(303)655-9308 for
further details regarding the date,time, and place of this meeting. It is recommended that you and/or a represertative
be in attendance at the Brighton, Hudson and Lochbuie 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,
Chris Gathman
Planner
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FIELD CHECK 'u1aid C.7 Department
) ['CE
CASE NUMBER: USR-1451 DATE OF INSPECTION: I it Lt Z-03 3 I ?1,303
APPLICANTS NAME: Ralph & Barbara May F, w ,a
PLANNER: Chris Gathman
REQUEST: Site Specific Development Plan and Special Review Permit for a dog kennel in the A(Agricultural)
Zone District.
LEGAL DESCRIPTION: Lot 6,2n°replat of Lots 5&6,Apollo Subdivision;part of the N2 NE4 of Section 19,
Ti N, R65W of the 6th P.M., Weld County, Colorado.
LOCATION: West of and adjacent to CR 39; approximately 600 feet south of CR 8.
LAND USE:
N . .✓ra1i c 4/6.4, • 1,J ivyna
E A� Dr „ fe4
S �1 �,G/2R W ;4-1� � �^N?*
W rti T�-St.,-cf
ZONING: N A(Agricultural)
E A(Agricultural)
r
S A(Agricultural)
W A(Agricultural)
COMMENTS:
P.C. Member
FIELD CHECK inspection date: November 7, 2003
CASE NUMBER: USR 1451
APPLICANT: Ralph & Barbara May
LEGAL DESC: Lot 6, 2nd Replat of Lots 5 and 6, Apollo Subdivision; Part of the N2NE4
Section 19, Township 1 North, Range 65 West of the 6th PM, Weld
County, CO
LOCATION: West of and adjacent to County Road 39 and approximately 600 feet
south of Weld County Road 8
Zoning Land Use
N A (Agricultural) N Single Family Residence
E A (Agricultural) E Cropland
S A (Agricultural) S Single Family Residence
W A (Agricultural) W Cropland
* The site has an existing single family residence, an existing mobile for residential
purposes and an existing mobile home for storage purposes. Animal pens are located
behind the proposed kennel facility toward the rear of the property.
* The site is located within an existing agricultural subdivision (Apollo Subdivision).
d
Chris Gathman Planner II, AICP
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