HomeMy WebLinkAbout20031611.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Heather Weir Case Number USR-1423
Submitted or Prepared
Prior to At
Hearing Hearing
1 Staff Comments X
Department of Planning Services Field Check Form X
Planning Commissioner Field Check Form
Letter to Applicant X
Picture of sign posting X
Legal Notifications X
2 Application X
Maps
Deed/Easement Certificate
Surrounding Property/Mineral Owners
Utilities
2A Letter from Scott Cuthbertson- Division of Water Resources received 4/22/2003 X
3 Referral List X
Referrals without comment
USDA-APHIS Veterinary Service referral received 3/5/2003
4 Referrals with comments X
Weld County Department of Public Works referral received 3/14/2003 (4 pages)
Weld County Department of Public Health and Environment referral received
3/25/2003 (3 pages)
Weld County Department of Building Inspection referral received 3/24/2003(2
pages)
Weld County Zoning Compliance referral received 2/25/2003
Weld County Planning (Kim Ogle) referral received 2/27/2003 (2 pages)
Colorado Department of Agriculture referral received 3/17/2003
West Greeley Soil Conservation District referral received 3/5/2003 (3 pages)
Weld County RE-9 School District referral received 2/28/2003 (2 pages)
5 Surrounding Property Owners/Mineral Owners -Letters X
5A Letter from Jerald&Linda Kuntz received 3/6/2003 X
5B Letter from R. Blaine Schmidt received 3/17/2003 X
5C Letter from Mike& Linda Conine received 4/29/2003 X
5D Letter from Nicole Kidd received 4/29/2003 X
EXHIBIT
2003-1611
O1
6 PC Exhibits
6a sign posting X
6b Letter from Russell Biles from Biles Popp& Bower received 4/30/2003 via fax X
6c Picture exhibit X
- 7 Planoing Cemmiecion Pacolotien
I hereby certify that the 22 items identified herein were submitted to the Department of Planning Services at or prior to the
scheduled Board of County Commissioners hearing.
F//^^ _
Chris Gathman 4- Planner II-AICP
hiDe LAND USE
APPLICATION
SUMMARY SHEET
COLORADO
Case Number: USR-1423 Hearing Date: May 6, 2003
Applicant: Heather Weir Address: 1050 W. 8'" Street, Loveland, CO
80537
Request: A Site Specific Development Plan and a Special Review Permit for a dog kennel
(not to exceed 60 dogs) in the A (Agricultural) Zone District
Legal Description: W2 SE4 Section 35, Township 9 North, Range 66 West of the 6th P.M.,
Weld County, Colorado
Location: North of and adjacent to Weld County Road 98 and 1/2 mile east of Weld County
Road 33
/'` 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 2/25/2003
• Weld County Department of Public Health and Environment, referral received 3/25/2003
• Weld County Department of Public Works, referral received 3/14/2003
• Weld County Department of Building Inspection, referral received 3/24/2003
• Weld RE-9 School District, referral received 2/28/2003
• West Greeley Soil Conservation District, referral received 3/5/2003
• Weld County Long Range Planner, referral received 2/27/2003
• Department of Agriculture, referral received 3/17/2003
• USDA/APHIS Veterinary Service, referral received 3/5/2003
USR-1423 Weir 1 EXHIBIT
II {
Referrals have not been received from the following agencies:
• Town of Nunn
• Nunn Fire Protection District
• Colorado Division of Wildlife
• Weld County Sheriffs Office
USR-1423 Weir 2
PMIT
� \ SPECIAL REVIEW REVIEW
ADMINISTRATIVE REVIEW
wok
COLORADO
Planner: C. Gathman
Case Number: USR-1423 Hearing Date: May 6, 2003
Applicant: Heather Weir Address: 1050 W. 8th Street, Loveland, CO
80537
Request: A Site Specific Development Plan and a Special Review Permit for a dog kennel
(not to exceed 60 dogs) in the (A) Agricultural Zone District
Legal Description: W2 SE4 Section 35, Township 9 North, Range 66 West of the 6th P.M.,
Weld County, Colorado
Location: North of and adjacent to Weld County Road 98 and 1/2 mile east of Weld County
Road 33
Parcel Size: +/- 10 acres Parcel Number: 0455 35 000010
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 property is designated as
"High Potential Dry" and "Other" according to the 1979 Important Farmlands of
Weld County Map. The kennel facility site will be located on only 10 acres of the
site. The remaining 70 acres is designated in the federal CRP program.
b. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A
(Agricultural) Zone District. Section 23-4-40.H of the Weld County Code provides
for kennels as a Use by Special Review in the A (Agricultural) Zone District.
USR-1423 Weir 3
c. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the
existing surrounding land uses. There is an existing single family residence located
approximately 1/4 mile to the west of the site. Dryland crop parcels are located to
the north, east and west of the site.
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 urban
growth boundary but is within the 3-mile referral area of the Town of Nunn. No
referral response has been received from the Town of Nunn.
e. Section 23-2-220.A.5 -- The application complies with Section 23-5 of the Weld
County Code.
Effective January 1, 2003, Building Permits issued on the proposed lots will be
required to adhere to the fee structure of the County Wide 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
classified as "High Potential Dry" and "Other" according to the 1979 Important
Farmgrounds of Weld County Map. The dog kennel will be located on 10 acres of
the site. The remaining 70 acres will remain in the Federal Conservation Reserve
Program (CRP) program.
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)
B. The applicant shall either submit to the Weld County Department of Planning
Services a copy of an agreement with the properties mineral owners/operators
stipulating that the oil and gas activities have adequately been incorporated into the
design of the site or show evidence that an adequate attempt has been made to
mitigate the concerns of the mineral owners. (Department of Planning Services)
USR-1423 Weir 4
2. Prior to recording the plat:
A. The plat shall be labeled USR-1423 (Department of Planning Services)
B. The plat shall be amended to delineate the following:
1) The attached Development Standards. (Department of Planning Services)
2) Four (4) parking spaces shall be indicated on the plat. (Department of
Planning Services)
3) Internal Traffic circulation shall be indicated on the plat. (Department of
Planning Services)
4) The approved location of the access road. (Department of Planning
Services)
C. The applicant shall obtain a sign-off from the Nunn Fire Protection District if the
applicant chooses to use an access less than 20-feet in width. Evidence of such
shall be provided to the Department of Planning Services. (Nunn Fire Protection
District)
D. The applicant shall address the requirements of the Weld County RE-9 School
District as outlined in the referral received February 28, 2003. Evidence of such
shall be provided to the Department of Planning Services. (Weld RE-9 School
District)
E. The applicant shall submit a dust abatement plan to the Environmental Health
Services, Weld County Department of Public Health & Environment, for approval
prior to operation. Evidence of such shall be provided to the Department of Planning
Services. (Department of Public Health & Environment)
F. 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. (Department of Public
Health & Environment)
G. 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.
USR-1423 Weir 5
3) The waste handler and the facility where the waste will be disposed
(including facility name,address and phone number). (Department of Public
Health & Environment)
H. The applicant shall enter into a Private Improvements Agreement according to
policy regarding collateral for improvements and post adequate collateral for
transportation and non-transportation requirements. The agreement and form of
collateral shall be reviewed by County Staff and accepted by the Board of County
Commissioners or improvements shall be completed prior to recording the plat.
(Department of Planning Services)
The applicant shall provide verification from the Federal CRP program that the
proposed access road can be installed where indicated on the plat or the access
road shall be moved to border the western boundary of the property. (Department
of Planning Services, CRP)
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
maps@co.weld.co.us. (Department of Planning Services)
5. Prior to Release of Building Permits:
A. Separate building permits shall be obtained prior to any construction.
(Department of Building Inspection)
B. A plan review is required for each building. Two complete sets of plans are
required when applying for the permit. (Department of Building Inspection)
6. Prior to Release of Certificate of Occupancy:
A. An individual sewage disposal system is required for the proposed modular
home and proposed kennel facility and shall be installed according to the Weld
County Individual Sewage Disposal Regulations. (Department of Public Health &
USR-1423 Weir 6
Environment)
B. The septic system is required to be designed by a Colorado Registered
Professional Engineer according to the Weld County Individual Sewage Disposal
Regulations. (Department of Public Health & Environment)
C. Buildings shall conform to the requirements of 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. (Department
of Building Inspection)
D. Each building will require an engineered foundation based on a site-specific
geotechnical report or an open hole inspection performed by a Colorado
registered engineer. Engineered foundations shall be designed by a Colorado
registered engineer. (Department of Building Inspection)
E. Building height shall be limited to the maximum height allowed per UBC Table 5-
B. Wall and opening protection and limitations shall be in accordance with UBC
Table 5-A. Separation of buildings of mixed occupancy classifications shall be in
accordance with UBC Table 3-B and Chapter 3. Setback and offset distances
shall be determined by Chapter 23 of the Weld County Code. (Department of
Building Inspection)
7. 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-1423 Weir 7
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Heather Weir
USR-1423
1. The Site Specific Development Plan and Special Use Permit is for dog kennel (not to
exceed 60 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 on-site and off-street parking spaces including access drives shall be surfaced with
gravel, asphalt, concrete or equivalent and shall be graded to prevent drainage problems.
(Department of Public Works)
4. 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)
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, blowing debris, and other potential nuisance conditions. (Department of Public Health
and Environment)
7. Fugitive dust shall be controlled on this site. The facility shall be operated in accordance
with the approved Dust Abatement Plan at all times. (Department of Public Health and
Environment)
8. The facility shall adhere to the maximum permissible noise levels allowed in the Residential
Zone District as delineated in 25-12-103, C.R.S. (Department of Public Health and
Environment)
9. Adequate toilet facilities shall be provided for the employees & volunteers of the facility.
(Department of Public Health and Environment)
10. 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)
USR-1423 Weir 8
11. All potentially hazardous chemicals must be stored and handled in a safe manner in
accordance with product labeling. (Department of Public Health and Environment)
12. If applicable, the facility shall maintain compliance with PACFA rules and regulations.
(Department of Public Health & Environment)
13. If applicable, the applicant shall obtain a Storm Water Discharge Permit from the Colorado
Department of Public Health and Environment,Water Quality Control Division. (Department
of Public Health and Environment)
14. The applicant shall operate in accordance with the approved "waste handling plan".
(Department of Public Health & Environment)
15. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health & Environment)
16. Potential purchasers should be aware that groundwater may not meet all drinking water
standards as defined by the Colorado Department of Public Health and Environment. The
Weld County Department of Public Health and Environment strongly encourages well users
to test their drinking water prior to consumption and periodically there after. (Department
of Planning Services, Department of Public Health & Environment)
17. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the County Wide Road Impact Program,Area 3. (Ordinance
2002-11) (Department of Planning Services)
18. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
19. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
20. The property owner or operator shall be responsible for complying with the standards of 23-
4-400, Weld County Code.
21. 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.
22. 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.
23. 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-1423 Weir 9
4r6
•
' DEPARTMENT OF PLANNING SERVICES
W� D CPHONE (970)353-6100, EXT.3540
FAX (9(970)304-6498
1555 N. 17TH AVENUE
COLORADO GREELEY, COLORADO 80631
February 24,2003
Heather Weir
1050 8th Street
Loveland, CO 80537
Subject: USR-1423- Request for a Site Specific Development Plan and Special Use Permit for a dog kennel (not
to exceed 60 dogs) on a parcel of land described as W2 SE4 Section 35,T9N,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 May 6,2003, at 1:30 p.m. This meeting will take place in Room 210,
Weld County Planning Department, 1555 N. 17th Avenue, Greeley, Colorado. It is recommended that you and/or a
representative be in attendance to answer any questions the Planning Commission members may have.
It is the applicant's responsibility to comply with state statutes regarding notice to mineral estate owners. Colorado
Revised Statute,C.R.S.24-65.5-103(adopted as part of H.B.01-1088)requires notification of all mineral estate owners
30 days prior to any public hearing. The applicant shall provide the Weld County Planning Department with written
certification indicating the above requirements have been met.
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 Nunn Planning Commission for their review and comments. Please
call Nunn at(970)897-2385 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 Nunn Planning Commission meeting to answer any questions
the Commission members may have with respect to your application.
A rep?esentative 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 2
CASE NUMBER: USR-1423 DATE OF INSPECTION: 57[70 3
APPLICANT'S NAME: Heather Weir
PLANNER: Chris Gathman
REQUEST: Site Specific Development Plan and Special Use Permit for a dog kennel (not to exceed —
dogs).
LEGAL DESCRIPTION: W2 SE4 Section 35, T9N, R66W of the 6th P.M., Weld County, Colorado.
LOCATION: North of and adjacent to WCR 98; 3/4 mile East of WCR 33.
LAND USE: NQAri'Q. /W. 1 /kill
E 1CA.( C / (.��14
s P'a't r, Q- rr n
w fr4:grre / molvl,irr W/kJ Y3'Q Si
ZONING: N A(Agricultural)
E A(Agricultural)
S A(Agricultural)
W 1A(Agricultural) I
COMMENTS:(^,`'! Card ea.6;11 AAIt[D. / age p nit/ -
Use I a S i y�WVtP . 0.K ma- A. of- of Ia»nP8 "te uS (7L
P.C. Member frt.° derig"--
FIELD CHECK inspection date: 3/14/03
CASE NUMBER: USR-1423
APPLICANT: Heather Weir
LEGAL DESCRIPTION: W2 NE4 35-5-66
LOCATION: North of and adjacent to WCR 98, 1/2 mile east of WCR 33
Zoning Land Use
N A(Agricultural) N Dryland
E A(Agricultural) E Dryland
S A (Agricultural) S Dryland
W A (Agricultural) W Single Family Residence (1/4 mile west)
COMMENTS:
* Site is in dryland wheat.
* Area is rural in character with nearest residence being 1/4 mile away. Next nearest residences
are approx. 1 mile from the site.
* No improvements on the property.
aja
Chris Gathman, Current Planner
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