HomeMy WebLinkAbout20000380.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Charles Graves for Case Number USR-1252
Carvey Graves and Sue Hickman
Submitted or Prepared
Prior to At Hearing
Hearing
1 Board of County Commissioners Comments
2 Staff Comments ( 7 pages) X
3 Department of Planning Services field check form X
4 Letter to Applicant X
5 Letter to Applicant from Weld County Zoning Compliance X
6 Legal Notifications (2 pages) X
7 Application ( 5 pages) X
8 Referral list X
9 Fort Lupton Fire Department referral received 12-15-99 X
10 Fort Lupton Planning Department referral received 12-27-99 X
11 USDA -Veterinary Service referral received 01-04-00 X
12 Weld County Department of Public Health and Environment X
referral received 12-15-99
13 Weld County Department of Public Works X
referral received 12-30-99
14 8 1/2 X 11 maps submitted by applicant(4 pages) X
15 Deed (11 pages) X
16 Surrounding Property Owners ( 10 pages) X
17 Utilities (111 pages) X
18 Soil Survey (2 pages) X
19 Field Check by Planning Commissioner Jack Epple X
20 Posting of Sign for Planning Commission Hearing X
21 Letter from Glenda K. Furrow X
4 IXHISIT
Use #1251,
2000-0380
I hereby certify that the 21 items identified herein were submitted to the Department of Planning Services at
or prior to the scheduled Board of County Commissioners hearing. I further certify that these items were
forwarded to the Clerk to the Board's office.
Kim Ogle '• Planner
STATE OF COLORADO )
COUNTY OF WELD )
SUBSCRIBED and SWORN TO BEFORE ME THIS 7 day of 142WQ,LF V
SEAL ARY%94/OFF)eYbrjaii
V NOTARY PUBLIC
MY COMMISSION EXPIRES L5A(.T/7
Page 1 f&tat;
hiDe LAND USE
APPLICATION
SUMMARY SHEET
COLORADO
Case Number: USIR-1252 Hearing Date: February 1, 2000
Applicant: Charles Graves for Carvey Graves & Sue Hickman
Address: 7341 Hart Street, Fort Lupton, CO 80621
Request: A Site Specific Development Plan and a Special Review Permit for a kennel for
raising and showing of Hound Group dogs (30 maximum) in the (A) Agricultural
zone district.
Legal Description: Pt. SW4 Section 27, Township 2 North, Range 66 West of the 6th P.M.,
Weld County, Colorado, further described as Lot 1 and Lot 2 Aristocrat
Estates, Second Filing
Location: South of and adjacent to Hart; east of and adjacent to Cassler
Size of Parcel: 1.98 acres
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:
• Weld County Department of Health & Environment, referral received 12-15-99
• Weld County Department of Public Works, referral received 12-30-99
. Town of Fort Lupton Planning, referral received 12-27-99
. Town of Fort Lupton Fire Department, referral received 12-15-99
• USDA -APHIS Veterinary Service, referral received 1-4-00
: l
Page 2
14 a SPECIAL REVIEW PERMIT
// yam' ADMINISTRATIVE REVIEW
lURe
COLORADO
PLANNER: Kim Ogle
CASE NUMBER: USR-1252 HEARING DATE: February 1, 2000
APPLICANT: Charles Graves for Carvey Graves & Sue Hickman
ADDRESS: 7341 Hart Street, Fort Lupton, CO 80621
REQUEST: A Site Specific Development Plan and a Special Review Permit for a kennel for
raising and showing of Hound Group dogs (30 maximum) in the (A) Agricultural
zone district.
LEGAL DESCRIPTION: Pt. SW4 Section 27, Township 2 North, Range 66 West of the 6th
P.M., Weld County, Colorado, further described as Lot 1 and Lot 2
Aristocrat Estates, Second Filing
LOCATION: South of and adjacent to Hart; east of and adjacent to Gassier
SIZE OF PARCEL: 1.98 acres
PARCEL NUMBER: 1309 27 410008
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 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. This proposal is for the raising and showing of a maximum of thirty (30) dogs
(Borzoi) on the site. This proposal does not include the boarding of others' dogs and
is limited to dogs owned by the applicant. Further, the kennel is for the purpose of
raising more dogs than allowed by right in the Agricultural zone district. The
conditions of approval and development standards ensure that this proposal is
Page 3
consistent with the Weld County Comprehensive Plan.
b. Section 24.3.1.2 --This proposal is consistent with the intent of the A (Agriculture)
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 A (Agricultural) as are the surrounding
properties. This proposal does not take prime farm ground out of production.
Additionally, Section 31.4.8 of the weld County Zoning Ordinance provides for
kennels in the Agricultural zone district, subject to a Use by Special Review Permit
and the requirements of Section 45.6 of the Weld County Zoning Ordinance. The
conditions 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 and have the following existing land uses:
residential/agricultural to the west, east, south and north. All properties have
domesticated animals on the property. This proposal is consistent with A.Policy
4.1.8 of the Weld County Comprehensive Plan, as amended by clustering the uses
on the site to minimize the impacts to the remainder of the site as well as to the
surrounding properties. Conditions of approval and development standards ensure
that the proposed uses will remain compatible with the existing surrounding land
uses.
d. Section 24.11.4--The proposed uses will be compatible with future 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
Foil Lupton. The Town of Fort Lupton review this proposal and indicated no conflicts
with their interests.
e. Section 24.3.1.5 --That the application complies with the Weld 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 not within any overlay district.
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 1.98 acre parcel.
The proposed uses are to be located within an existing fenced yard and inside an
existing residential structure.
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 protection 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
Page 4
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 shall 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 30 days of approval by the Board of County
Commissioners. (Department of Planning Services)
2. Prior to recording the plat:
A. The applicant shall submit evidence to the Weld County Department of
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. (Department of Planning Services)
B. The plat shall be amended to show the primary access and parking area for
the facility is from Cassler Avenue. The secondary access onto Cassler
Avenue shall be closed as the road intersects Hart Avenue at a 45° angle
that does not provide safe ingress and egress to the property. (Department
of Planning Services)
C. 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)
D. The zoning violation on the above referenced property shall be closed. All
derelict vehicles located on the property must be in running condition 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 a part of a noncommercial junkyard must also be removed from the
property or screened from all adjacent properties and public rights-of-way.
The property is in violation of the Weld County Zoning Ordinance. Further,
the opaque screening surrounding the kennels shall be fixed and be in good
repair. (Department of Planning Services)
3. 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)
Page 5
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Garvey Graves & Sue Hickman
USR-1252
1. A Site Specific Development Plan and a Special Review Permit for a kennel for raising and
showing of Hound Group dogs (30 maximum) in the (A) Agricultural zone district, as
indicated in the application materials on file in the Department of Planning 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, as amended. (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 Health and
Environment)
4. No permanent disposal of wastes shall be permitted at this site. (Department of 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 Health and
Environment)
6. Fugitive dust shall be controlled on this site. (Department of 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, Colorado Revised Statues. (Department of Health and
Environment)
8. The facility shall utilize the existing water supply. (Aristocrat Ranchette Water Project)
(Department of Health and Environment)
9. The facility shall utilize the existing septic system (G19790031). (Department of Health and
Environment)
10. The facility shall receive a permit from and comply with the United States Department of
Agricultural Rules and Regulations Pertaining to the Administration and Enforcement of the
Pet and Animal Care and Facilities Act. (Department of 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 minimimized. Such
wastes shall be removed at least weekly, or more frequently, from the facility and hauled
by a commercial hauler. (Department of Health and Environment)
Page 6
12. The facility shall maintain compliance with Section 45.6 of the Weld County Zoning
Ordinance, as amended. (Department of Health and Environment and Planning Services)
13. 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 Health and Environment and Planning Services)
14. 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 Health and Environment and Planning Services)
15. The facility shall maintain compliance, at all times, with the Fort Lupton Fire Protection
District. (Department of Planning Services)
16. The Special Use Permit does not allow for the boarding of animals not owned by the
applicants. (Department of Planning Services)
17. USR-1252 shall not be transferrable and should the property be conveyed or transferred
to different ownership the Special Review Permit shall be vacated. (Department of
Planning Services)
18. Dogs shall be kept indoors between 9:00 p.m. and 7:00 a.m.
19. This permit limits the total number of dogs to 30 including all offspring. The type of dog
shall be a member of the Hound Group. (Department of Planning Services)
20. If applicable, the applicant shall obtain a storm water discharge permit from the Colorado
Department of Public Health & Environment, Water Quality Control Division. (Department
of Public Health and Environment)
21. Personnel from the Weld County Health Department and Weld County Planning
Department 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 Health and Environment)
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 Planning Commission 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. (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.
(Departments of Planning Services and Health and Environment)
(Agriculture)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 A (Agricultural) as
are the surrounding properties. This proposal does not take prime farm
ground out of production. Additionally, Section 31.4.8 of the Weld County
Zoning Ordinance provides for kennels in the Agricultural zone district,subject
to a Use by Special Review Permit and the requirements of Section 45.6 of the
Weld County Zoning Ordinance. The conditions 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 and have the following existing land uses:
residential/agricultural to the west, east, south and north. All properties have
domesticated animals on the property. This proposal is consistent with A.Policy
4.1.8 of the Weld County Comprehensive Plan, as amended by clustering the uses
on the site to minimize the impacts to the remainder of the site as well as to the
surrounding properties. 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 future
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 Fort Lupton. The Town of Fort Lupton review
this proposal and indicated no conflicts with their interests.
e. Section 24.3.1.5 --That the application complies with the Weld 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 not within any overlay district.
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 1.98 acre
parcel. The proposed uses are to be located within an existing fenced yard
and inside an existing residential structure.
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 protection 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
2
FIELD CHECK
FILING NUMBER: USR-1252 DATE OF INSPECTION: elP
APPLICANTS NAME: Charles & Rebecca Graves
PLANNER: Kim Ogle
REQUEST: Kennel in the (A) Agricultural Zone District.
LEGAL DESCRIPTION: SW4 of Section 27, Township 2 North, Range 66 West of the 6th P.M , Weld
County, Colorado.
LOCATION: South of and adjacent to Hart; east of and adjacent to Cassler.
LAND USE:
N14
E_
S_
W J
ZONING: N AA(Agricultural)( g ,Veld County Planning Depot
County Planning Dep�.
E A(Agricultural)
FEB Q 1 2000 A 31 2 00
S A(Agricultural)
W A(Agricultural) RECEIVED C V
COMMENTS: avv 0.042/neet.20—
P.C. M er efi#---
saw
DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
1555 N. 17th Avenue, Greeley, CO 80631
Phone: (970) 353-6100, Ext. 3540
Fax: (970) 304-6498
11119 O
0
COLORADO
January 4, 2000 Ms Betsy Hersey
MSage Real Estate
1041& Mrs Charles s Graves 300 South Jackson
Red Oaks Loop NE Suite 100
Albuquerque, NM 87122 Denver, CO 80209
Subject: VI-9900175, L1&2, B46, Aristocrat Ranchettes, Weld County, Colorado
Dear Mr & Mrs Graves,
The Weid County Department of Planning Services has closed the zoning violation case on your property. The
necessary permits have been submitted for the kennel on the property, therefore the violation no longer exists.
If you were also issued a building code violation, you must comply with all building code regulations before the
building code violation case can be closed. If you have any questions regarding a building code violation, please
call the Department of Building Inspection at (970) 353-6100, Extension 3535. Thank you for your cooperation
in this matter.
Sincefe'v,
�ig'/LAC'�, 1 /��G r i
/
Vickie Brown
Zoning Compliance Officer
pc: VI-9900175
Mir
SERVICE,TEAMWORK.INTEGRITY=QUALITY
DEPARTMENT OF PLANNING SERVICES
000 svol;ia PHONE (970) 353-6100, EXT.3540
FAX (970) 304-6498
17TH 1555 N. 17TH AVENUE
GREELEY, COLORADO 80631
C.
COLORADO
November 30, 1999
Garvey Graves
7341 Hart St.
Ft. Lupton, CO 80621
Subject USR-1252 - Request for a Kennel in the (A) Agricultural Zone District on a parcel of land
described as SW4 of Section 27, Township 2 North, Range 66 West of the 6th P.M.,Weld County,
Colorado.
Dear Mr. Graves:
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 18, 1999, 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 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 its review
and comments. Please call the city of Fort Lupton at 303-346-0326 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.
Your application was missing a$20.00 check written to the Weld County Clerk to the Board to cover advertising.
Please submit this check along with a note to identify your case number.
If you have any questions concerning this matter, please call.
Respectfully,
Kim Ogle
Planner
1
FIELD CHECK inspection date: January 20, 2000
CASE NUMBER: USR 1252
APPLICANT: Charles Graves for Carvey Graves and Sue Hickman
LEGAL DESCRIPTION: Pt. SW4 Section 27, Township 2 North, Range 66 West of the 6th
PM, Weld County, CO, further described as Lot 1 and Lot 2, Block
46, Aristocrat Estates, 2nd Filing.
LOCATION: South of and adjacent to Hart Street; east of and adjacent to Cassler Avenue
Zoning Land Use
N A (Agricultural) N Rural Residential / Mobile home with animals
E A (Agricultural) E Rural Residential / Mobile home with animals
S A (Agricultural) S Rural Residential / Mobile home
W A (Agricultural) W Rural Residential / Mobile home
COMMENTS:
• Hart and Cassler are both graveled all weather roads
Property is located in residential area
3 yd dumpster adjacent to Cassler, bin tops open and materials both inside & out
Four derelict vehicles, (photograph) in yard fronting Cassler
Pallets and Fencing rods propping fence up in places
6 foot tall wood slat fence with either chain link of farm fence wire behind
Double wide mobile & stick built outbuilding
unutilized fence materials stacked in easement
1 '/2 - 2" caliper decidious trees planted at perimeter of fence
no other landscaping visible
no more than ten dogs on property.
Kim Ogle, anner
Vickie Bro n, Zoning Compliance
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