HomeMy WebLinkAbout20000950.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Heather Hathaway Case Number USR-1261
Suumitted or Prepared
Prix to At Hearing
Hearing
1 Planning Commission Resolution
2 Staff Comments X
3 Department of Planning Services field check form X
4 Letter to Applicant X
5 Legal Notifications (2 pages) X
6 Application (8 pages) X
7 Referral list X
8 City of Northglenn referral received 2/08/00 X
9 USDA-Veterinary Services referral received 2/07/00 X
10 Weld County Code Enforcement referral received 1/31/00 X
11 Weld County Health Department referral received 2/08/00 X
12 Weld County Public Works Dept. referral received 3/07/00 X
13 Colorado Geological Survey referral received 2/23/00 X
14 Weld County Building Inspection referral received/31/00 X
15 8 1/2 X 11 maps submitted by applicant(4 pages) X
16 Deed X
17 Certificate of Conveyance X
18 Surrounding Property Owners (6 pages) X
19 Mountain View Water letter dated August 16, 1999 X
20 Septic permit X
21 Soil Survey (4 pages) X
22 Sign posting photo taken on March 24, 2000 X
23 scott cox engineers letter X
24 applicant letter x
25
22 Items submitted at planning commission
X .I$iT
2000-0950/it
I hereby certify that the 22 items identified herein were submitted to the Department of Planning Services at
or prior to the scheduled Planning Commission hearing. I further certify that these i:ems were forwarded to
the Clerk to the Board's office.
��
:Julie A. Chester •: Currant Planner
( t MEMORANDUM
TO: Planning Commission April z., 2000
COLORADO From: Julie A. Chester, Lead Planner
D.V\CY./
SUBJECT: Proposed changes to USR-126
The Department of Planning Services is recommending the following changes to the staff
recommendation, based on a meeting with the applicant on April 4, 2000.
1. The applicant is requesting that the Condition of Approval 2.A. be changed to a
Development Standard. The condition states:
"The applicant shall submit evidence to the Weld County Department 3f Public Health and
Environment that the facility has received a permit from and will comply with the Colorado
Department of Agriculture Rules and Regulations pertaining to the Administration and
Enforcement of the Pet Animal Care and Facilities Act."
2. The applicant is requesting that the Condition of Approval 2.6 be changed to a
Development Standard. There is a slight change in wording for this condition also, which
is in bold for your convenience:
"The applicant shall utilize the existing access or upgrade and improve a new access point,
but no more than one access will be granted. The access shall be placed in such a location
to have adequate sight distance in both directions and shall accommodate two-way traffic.
The culvert shall be properly sized to accommodate the Bull Irrigation Ditch." (Department
of Planning Services)
"The applicant shall utilize the existing access or upgrade and improve a new access point,
but no more than one access will be granted. The access shall be placed in such a location
to have adequate sight distance in both directions and shall accommodate two-way traffic.
The applicant shall contact the Weld County Department of Public Works to
determine if a culvert is necessary at any approved access point. If a drainage
culvert is required, a 15-inch CMP is the County minimum size. If the applicant
chooses to place a larger culvert, please contact the Department of Public Works to
adequately size the culvert.." (Department of Planning Services)
3. The applicant is requesting that Condition of Approval 2.C. be removed. The Bull Ditch does
not run along the subject property.
4. The applicant is requesting that Condition of Approval 2.E. be Prior to the release of building
permits, rather than prior to recording the plat.
Thank you for your consideration in this matter.
WIIDe. LAND USE
APPLICATION
SUMMARY SHEET
COLORADO
Case Number: USR-1261 Hearing Date: April 4, 2000
Applicant: Heather Hathaway
Address: 7673 WCR 6, Brighton, CO 80601
Request: A Site Specific Development Plan and a Special Review Permit for a kennel for
boarding dogs and cats (150 dogs, maximum and 40 cats, maximum) in the
Agricultural Zone District.
Legal Description: Lot A of RE-1806, Pt. of the S2/SE4 of Section 20, Ti N, R67W of the 6th
P.M., Weld County, Colorado
Location: North of and adjacent to WCR 6, West of WCR 17
Size of Parcel: 5.58 acres
Parcel number: 1469-20-400007
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Section 24.3 of the Weld County
Zoning Ordinance.
The Department of Planning Services' staff has received responses from the following agencies:
• City of Northglenn referral received 02/07/00
• USDA Veterinary Services referral received 02/07/00
• Weld County Code Compliance referral received 01/31/00
• Weld County Public Works Department referral received 03/07/00
Colorado Geological Survey referral received 02/23/00
• Weld County Department of Public Health and Environment referral received 02/08/00
• Weld County Building Inspection referral received 01/31/00
Hathaway, USR-1261 Page 1
SPECIAL REVIEW PERMIT
Ott
STIR ADMINISTRATIVE REVIEW
COLORADO
PLANNER: Julie A. Chester
CASE NUMBER: USR-1261 HEARING DATE: April 4, 2000
APPLICANT: Heather Hathaway
ADDRESS: 7673 WCR 6, Brighton, CO 80601
REQUEST: A Site Specific Development Plan and a Special Review Permit for a kennel for
boarding dogs and cats (150 dogs, maximum and 40 cats maximum) in the
Agricultural Zone District.
LEGAL DESCRIPTION: Lot A of RE-1806, Pt. of the S2/SE4 of Section 20, Ti N, R67W of the
6th P.M., Weld County, Colorado
LOCATION: North of and adjacent to WCR 6, West of WCR 17
SIZE OF PARCEL: 5.58 acres
PARCEL NUMBER: 1469-20-400007
THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS TH4T THIS REQUEST
BE APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 24.7
of the Weld County Zoning Ordinance, as amended.
2. It is the opinion of the Department of Planning Services's staff that the applicant has shown
compliance with Section 24.3 of the Weld County Zoning Ordinance, as amended, as
follows:
a. Section 24.3.1.1 --This proposal is consistent with the Weld County Comprehensive
Plan. A.Goal 1. states, "Preserve prime farmland for agricultural purposes which
foster the economic health and continuance of agriculture." This property is
designated as prime farmground as shown on the U.S.D.A. Soils Map, however, the
size of the parcel makes it undesirable for farming purposes. This proposal is for the
boarding of a maximum of one hundred fifty (150) dogs and forty (40) cats on the
site. The kennel is for the purpose of boarding more dogs and cats, than allowed by
right in the Agricultural Zone District. The conditions of approval and development
standards ensure that this proposal is consistent with the Weld County
Comprehensive Plan.
b. Section 24.3.1.2--This proposal is consistent with the intent of the Agricultural Zone
District. The Agricultural Zone District is intended to provide areas for the conduct
of agricultural activities without the interference of other, incompatible land uses.
The site of this proposal is zoned Agricultural as are the surrounding properties.
Section 31.4.8 of the Weld County Zoning Ordinance provides for kennels in the
Agricultural Zone District, subject to a Use by Special Re✓iew Permit and the
requirements of Section 45.6 of the Weld County Zoning Ordinance. The conditions
Hathaway, USR-1261 Page 2
of approval and development standards ensure that this proposal is consistent with
the intent of the Agricultural Zone District.
c. Section 24.3.1.3 --The uses which would be permitted will be compatible with the
existing agricultural activities and land uses surrounding the site. The surrounding
properties are zoned agricultural with agricultural uses. There are a few residences
within the area, however, conditions of approval and development standards ensure
that the proposed uses will remain compatible with the existing surrounding land
uses.
d. Section 24.3.1.4--The proposed uses will be compatible with fut are development of
the surrounding area as permitted by the existing zoning and with the future
development as projected by the Comprehensive Plan or Master Plans of affected
municipalities. The site is located within the referral boundary area of the Town of
Dacono and the City of Northglenn. The Town of Dacono did not respond to their
referral and the City of Northglenn indicated that there were nc conflicts with their
interests.
e. Section 24.3.1.5 --That the application complies with the Wald County Zoning
Ordinance, Section 50, Overlay District Regulations if the proposal is located within
the Overlay District Areas identified by maps officially adopted by Weld County. The
property is located within a Geological Hazard area. The applicant has indicated that
a Colorado Registered Engineer has researched the property and did not find any
underlying faults, abandoned mines or other geological hazards. A condition of
approval for this Special Review Permit includes an application and approval for a
Geological Hazard Permit.
f. Section 24.3.1.6 --The applicant has demonstrated a diligent effort to conserve
productive agricultural land. This proposal is to be located on a 5.58 acre parcel,
which is not an adequate size for farming purposes.
g. Section 24.3.1.7-The Design Standards (Section 24.5 of the Weld County Zoning
Ordinance, as amended), Operation Standards (Section 24.6 of the Weld County
Zoning Ordinance, as amended), Conditions of Approval, and Development
Standards ensure that there are adequate provisions for the pro',ection of the health,
safety and welfare of the inhabitants of the neighborhood and the 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's staff recommendation for approval is conditional upon the
following:
1. The attached Development Standards for the Special Review Permit snail be adopted and
placed on the Special Review Plat prior to recording the plat. The completed plat shall be
delivered to the Department of Planning Services and be ready for recording in the Weld
County Clerk and Recorder's Office within 60 days of approval by tie Board of County
Commissioners. (Department of Planning Services)
2. Prior to recording the plat:
A. The applicant shall submit evidence to the Weld Ccunty Department of
Public Health and Environment that the facility has received a permit from
and will comply with the Colorado Department of Agriculture Rules and
Regulations pertaining to the Administration and EnfDrcement of the Pet
Animal Care and Facilities Act. (Department of Planning Services)
Hathaway, USR-1261 Page 3
B. The applicant shall utilize the existing access or upgrade and improve a new
access point, but no more than one access will be granted. The access shall
be placed in such a location to have adequate sighs distance in both
directions and shall accommodate two-way traffic. The culvert shall be
properly sized to accommodate the Bull Irrigation Ditch. (Department of
Planning Services)
C. The applicant shall submit a copy of an agreement with the Bull Irrigation
Ditch Company, stipulating that all concerns of the ditch company have
been adequately addressed or submit evidence that reasonable
accommodations have been made. (Department of Planning Services)
D. A detailed landscaping plan identifying the number, size and species of
landscaping materials/buffering materials, shall be submitted to the
Department of Planning Services for review and approval. The plan shall
also address maintenance of the landscaping materials and potential
replacement of dying materials. The approved plan shall be delineated on
the plat map. (Department of Planning Services)
E. The applicant shall submit and have approved, a Geological Hazard Permit,
prepared by a Colorado Registered Professional Engineer, as indicated in
Section 52 of the Weld County Zoning Ordinance. (Department of Planning
Services)
3. The Plat shall be amended to show:
A. The approved landscaping plan. (Department of Planning Services)
B. Weld County Road 6 is a collector status road that equires 80 feet of
right-of-way at full build out. A total of 40 feet from the centerline of the
County Road right-of-way reservation for future expansion delineated on the
plat. (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)
Hathaway, USR-1261 Page 4
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Heather Hathaway
USR-1261
1. A Site Specific Development Plan and a Special Review Permit for a kennel for boarding
dogs and cats (150 dogs maximum, and 40 cats maximum) in the Agricultural Zone District,
as indicated in the application materials on file in the Department of Plar ning Services 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 90 of the Weld
County Zoning Ordinance. (Department of Planning Services)
3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act.
30-20-101. C.R.S., as amended) shall be stored and removed for final disposal in a manner
that protects surface and groundwater contamination. (Department of Public Health and
Environment)
4. No permanent disposal of wastes shall be permitted at this site. (Department of Public
Health and Environment)
5. 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)
6. Fugitive dust shall be controlled on this site. (Department of public Health and
Environment)
7. The maximum permissable noise level shall not exceed the residential limit of 55db(A) as
measured according to 25-12-102, C.R.S. (Department of Public Healt, and Environment)
8. The facility shall utilize the existing water supply. (Mountain VieN Water District)
(Department of Public Health and Environment)
9. The facility shall utilize an approved septic system for the kennel and auxiliary building. 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 and Environment)
10. The facility shall receive a permit from and comply with the United Slates Department of
Agricultural Rules and Regulations Pertaining to the Administration and Enforcement of the
Pet and Animal Care and Facilities Act. (Department of Public Health and Environment)
11. Animal and food 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, or more frequently, from the facility and hauled
by a commercial hauler. (Department of Public Health and Environment)
12. The parking lot shall be an all-weather gravel or paved surface. The northern portion of the
parking lot shall have a block-out or hammerhead configuration to allow backing in the last
two designated parking areas. (Department of Public Works)
Hathaway, USR-1261 Page 5
13. Effective December 1, 1999, Building Permits issued on the proposed Icts shall be required
to adhere to the fee structure of the Southwest Weld County Service Area Road Impact
Program, area 3 (Ordinance 211). (Department of Planning Services)
14. All construction on the property shall be in accordance with the requirements of the Weld
County Building Code Ordinance, as amended. (Weld County Building Inspection)
15. The facility shall maintain compliance, at all times, with the Mountain View Fire Protection
District. (Department of Planning Services)
16. Dogs shall be kept indoors between 9:00 p.m. and 7:00 a.m. (Department of Planning
Services)
17. The facility shall maintain compliance with Section 45.6 of the Weld County Zoning
Ordinance. (Department of Public Health and Environment and Plan ling Services)
18. This permit limits the total number of dogs to 150 and cats to 40, including all offspring.
(Department of Planning Services)
19. If applicable, the applicant shall obtain a storm water discharge permi:from the Colorado
Department of Public Health and Environment,Water Quality Control Division. (Department
of Public Health and Environment)
20. Personnel from the Weld County Department of Public Health and Em ironment and Weld
County Department of Planning Services 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
(Departments of Planning Services and Public Health and Environment)
21. The property owner or operator shall be responsible for complying with the Design
Standards of Section 24.5 of the Weld County Zoning Ordinance, as amended.
(Department of Public Health and Environment and Planning Service>)
22. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 24.6 of the Weld County Zoning Ordinance, as amended.
(Department of Public Health and Environment and Planning Services)
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 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. (Derailment 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.
(Departments of Planning Services and Health and Environment)
CASE NO. US-R- 11 : 5s8 ACRES
NAME Hea ktr HathawIS ay w. ....
A 5 $ Spcttf.' 'Devalep ment Plan and
REQUEST Specs �e„,ra aemtt ra. -noel-0951,0,5 v
A PUBLIC HEARING CONCERNING THIS ;,•e"'
PROPERTY WILL BE HELD AT 915 - 10th
STREET, GREELEY, COLORADO 80631, -
ON Ap«( + ya000 AT
FOR MORE INFORMATION CALL THE
WELD COUNTY DEPT. OF PLANNING
SERVICES AT 356-4000. •
. 11_
EXHIBIT
Jan 26 00 12: 05p Ha*hawa9 302-631-9149 p, 1
Post-Its Fax Note 7671 Date\-2 .00 pag s Z.
To From
Co./Dept. 1t
AAA Co. \-2 /^fie l2 Phone nq-Io -325L3'b(OV Pnone#3.)3_(.054,5:68
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DEBAR I MEN I OFFEANNTNG SERVICES
PHONE (970) 353-6100, EXT.3540
FAX (970) 304-6498
C. AV WELD COUNTY ADMINISTRATIVE IN
WI D 1555 N. 17TH AVENUE GREELEY. COLORADO 80631
COLORADO
November 24, 1999
Heather & Mike Hathaway
7673 WCR 6
Brighton, CO 80601
RE: Application submittal for Use by Special Review (USR), Lot A-RE-1866 Pt. S2 SE4 20-1-67
Dear Mr. and Mrs. Hathaway:
On Thursday, November 18, 1999, the Department of Planning Services received your
application for a USR for a commercial kennel for dogs and cats. After further review of the
application submittal the Department of Planning Services has determined that the application is
incomplete.
Section 24.7 of the Weld County Zoning Ordinance details the application requirements
for a Use by Special Review. The application that was submitted meets the submittal
requirements except that a Special Review Permit Plan Map was omitted. Section 24 7.4
outlines the requirements for the Special Review Permit Plan Map.
The intent of the USR application is to provide the Department of Planning Services with
"written and graphic information how the proposal complies with the standa-ds of'the Zoning
Ordinance. The omission of the Special Review Permit Plan Map from the application is
significant and renders the application submittal incomplete. The application did include 24" X
36" size copies of Recorded Exemption 1806 but this is insufficient informal ion to satisfy the
requirements of Section 24.7 of the Weld County Zoning Ordinance.
Please review Section 24.7 of the Weld County Zoning Ordinance and complete a
Special Review Permit Plan Map to satisfy the requirements of the Zoning Ordinance. You may
resubmit your application as soon as it is completed.
The application fee for a USR is $1,100.00 dollars. Receipt number 4557, written on
November 11. 1999, indicates that you payed $990.00 dollars with your application submittal At
the time of submitting your completed application to the Department of Planning Services please
remit the balance due for the USR application, which is: $110.00 dollars.
If I can answer any questions for you please do not hesitate to contact me.
Sincerely, (7 F '
Eric Jerman 1 '/ �
Planner
(„ tvitti6
DEPARTMENT OF PLANNING SERVICES
PHONE (97)) 353-6100, EXT.3540
FAX (970) 304-6498
• 555 N. 17TH AVENUE
GREELEY, COLORADO 80631
C.
COLORADO
January 28, 2000
Heather Hathaway
7673 WCR 6
Brighton, CO 80601
Subject: USR-1261 - Request for a Site Specific Development Plan and Special Review Permit for a Kennel
on a parcel of land described as Lot A of RE-1806, Part of the S2 SE4 of Section 20, Township 1
North, Range 67 West of the 6th P.M., Weld County, Colorado.
Dear Ms. Hathaway:
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 April 4, 2000, at 1:30 p.m. Th s meeting will take place
in the Board of County Commissioners Hearing Room, Weld County Centennial Center, First Floor, 915 Tenth
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 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 Dacono and Northgleni Planning Commissions
for their review and comments. Please call the town of Dacono at 303-833-2317 and the city of Northglenn at
303-450-8743 for further details regarding the date, time, and place of these meetings. It is recommended that
you and/or a representative be in attendance.at the Dacono and Northglenn Planning Commission meetings 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-wa/.
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,
7
Julie Chester
Planner
FIELD CHECK inspection date: 03/24/00
CASE NUMBER: USR-1261
APPLICANT: Heather Hathaway
LEGAL DESCRIPTION: Lob A of RE-1806, Pt of the S2/SE4 of Section 20, '1 1N,
R67W of the 6th P.M., Weld County, Colorado
LOCATION: North of and adjacent to Weld County Road 6, Wept of WCR 17
Zoning Land Use
N A(Agricultural) N Agricultural, Pasture ground
E A (Agricultural) E One residence, approximately I /4 mile, Ag uses
S A (Agricultural) S Agricultural, plowed field
W A (Agricultural) W One residence, approximately 1/2 mile, Ag uses
COMMENTS: On Site: An existing home and two older outbuildings. There is some
debris located within an area which is visible to the public road riglr;of-way, including
appliances, used building materials and other debris. Heather indicated that when they
brought the property, it was in very bad condition and that they have been cleaning it
up. The materials located outside must be stored within an area that is not visible to
any adjacent properties or public road rights-of-way. The sign was posted at the time
of inspection. Currently, there are only two dogs on site, which belong to the
applicant. There is a large, vacant field to the east of the house where the structure for
the kennel will be located. The area is very rural and the closest home is approximately
1/4 mile away.
"�
-_____— ZeO Ot C-- al g---___
Julie A. Chester, Current Planner
I 3
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