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HomeMy WebLinkAbout20001328.tiff INVENTORY OF ITEMS FOR CONSIDERATION Applicant Ronald R & Cathleen Nats Case Number USR-1269 Submitted or Prepared Prior to At Hearing Hearing 1 Planning Commission Resolution 2 Staff Comments (6 pages) X 3 Photograph of sign posting X 4 Department of Planning Services field check form X 5 Letter to Applicant X 6 Legal Notifications (2 pages) X 7 Application (8 pages) X 8 Referral List X 9 Referral Letter X 10 Weld County Code Compliance, referral received 4/11/2000 X 11 City of Longmont, referral received 4/14/2000 X 12 United States Department of Agriculture, Veterinary Services, X referral received 4/14/2000 13 Weld County Department of Building Inspection, referral X received 4/12/2000 (3 pages) 14 Weld County Dept. of Public Works, referral received 4/21/2000 X (2 pages) 15 Mountain View Fire Protection District, referral received X 4/19/2000 (3 pages) 16 Weld County Dept. of Public Health and Environment referral X received 5/4/2000 17 Vicinity map X 18 8 1/2" X 11" maps submitted by applicant (4 pages) X 19 24" X 34" plat X 20 Certificate of Conveyance (6 pages) X 21 Recorded Exemption 671 plat X 22 Surrounding Property Owners (6 pages) X 23 Well and Septic Information (6 pages) X 24 Soil Survey (3 pages) X it:. EXHIBIT i2000-1328 ICR #12(09 Item submitted at planning commission I hereby certify that the 24 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 items were forwarded to the Clerk to the Board's office. Ii II-t Ir '� Sheri Lockman Planner II Page 1 it;t: WIIDc LAND USE APPLICATION SUMMARY SHEET COLORADO Case Number: USR-1269 Hearing Date: May 16, 2000 Applicant: Ronald R. & Cathleen Nats Address: 14077 Weld County Road 5, Longmont, CO 80504 Request: A Site Specific Development Plan and Special Review Permit for a kennel for the boarding of dogs and cats (35 dogs, maximum and 5 cats, maximum) in the Agricultural Zone District Legal Description: Part SE4 Section 20, Township 3 North, Range 68 West of the 6th P.M., Weld County, Colorado Location: West of and adjacent to Weld County Road 5 and 200 feet north of State Highway 66 Size of Parcel: 1.8 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 Code Compliance, referral received 4/11/2000 • Weld County Department of Public Health and Environment, referral received 5/4/2000 • Weld County Department of Public Works, referral received 4/17/2000 • Weld County Department of Building Inspection, referral received 4/12/2000 • Colorado Division of Wildlife, referral received 5/2/2000 • Mountain View Fire Protection District, referral received 4/19/2000 • City of Longmont, referral received 4/14/2000 • United States Department of Agriculture, Veterinary Services, referral received 4/14/2000 b EXHIBIT a Page 2 SPECIAL REVIEW PERMIT Y ADMINISTRATIVE REVIEW WIIPc. COLORADO PLANNER: S Lockman CASE NUMBER: USR-1269 HEARING DATE: May 16, 2000 APPLICANT: Ronald R. & Cathleen Nats ADDRESS: 14077 Weld County Road 5, Longmont, CO 80504 REQUEST: A Site Specific Development Plan and Special Review Permit for a kennel for the boarding of dogs and cats (35 dogs, maximum and 5 cats, maximum) in the Agricultural Zone District LEGAL DESCRIPTION: Part SE4 Section 20, Township 3 North, Range 68 West of the 6th P.M., Weld County, Colorado LOCATION: West of& adjacent to Weld County Road 5 and 200 feet north of State Highway 66 SIZE OF PARCEL: 1.8 acres PARCEL NUMBER: 1207 20 000048 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. 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 follows: a. Section 24.3.1.1 -The 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". The U.S.D.A. soils maps indicate that the soils on this property are designated "Prime" lands, however, the size of the parcel makes it undesirable for farming purposes. 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 --The proposal is consistent with the intent of Agricultural Zone District. Section 31.4.8 of the Weld County Zoning Ordinance provides for kennels Page 3 in the Agricultural Zone District, subject to a Use by Special Review Permit and the requirement of Section 45.6 of the Weld County Zoning Ordinance. c. Section 24.3.1.3 --The uses which would be permitted will be compatible with the existing surrounding land uses. The surrounding properties are agricultural in use with homes in close proximity north and south of the site. 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 uses which would 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 the Comprehensive Plan or Master Plans of affected municipalities. The site is located within the referral boundary area of the Town of Mead and the City of Longmont. The City of Longmont indicated no conflicts. The Town of Mead did not respond indicating no conflicts with their interests. e. Section 24.3.1.5--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 site does not lie within any Overlay District. f. Section 24.3.1.6 --If the use is proposed to be located in the A-District, that the applicant has demonstrated a diligent effort has been made to conserve prime agricultural land in the locational decision for the proposed use. The U.S.D.A. soils maps indicate that the soils on this property are designated "Prime" lands, however, the size of the parcel makes it undesirable for farming purposes. g. Section 24.3.1.7---The Design Standards (Section 24.5 of the Weld County Zoning Ordinance), Operation Standards (Section 24.6 of the Weld County Zoning Ordinance), 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. The attached Development Standards for the Special Review Permit shall be adopted and placed on the Special Review Plat prior to recording. The completed plat shall be delivered to the Weld County Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's Office within 30 days of recording the plats for the required Recorded Exemption and Subdivision Exemption by the Department of Planning Services. (Dept. of Planning) 2. Prior to recording the plat: Page 4 A. The applicant shall submit evidence to the Weld County Department of Planning Services that the facility has received a permit from the Colorado Department of Agriculture Rules and Regulations pertaining to the Administration and Enforcement of the Pet Animal Care and Facilities Act. (Dept. of Public Health) B. The applicant shall submit evidence that the existing well has been approved by the Division of Water Resources for a commercial use. (Dept. of Planning) C. The applicant shall correct the illegal land split. This may be completed by a Recorded Exemption and a Subdivision Exemption or another method approved by the Weld County Department of Planning Services. (Dept. of Planning) D. The applicant shall comply with requirements from the Mountain View Fire Protection District as indicated in a referral dated April 18, 2000. Evidence of approval shall be submitted to the Weld County Department of Planning Services. (Mountain View Fire Protection District) E. The applicant shall submit a copy of an agreement with the ditch company stipulating that all concerns of the ditch company have been adequately addressed or submit evidence that reasonable accommodations have been made. ( Dept. of Planning) F. The applicant shall apply for a building permit for the kennel. The building will be required to meet Weld County Building Inspection criteria as listed in a referral dated April 12, 2000. If the Weld County Building Inspection Department determines no building permit is necessary, evidence shall be submitted to the Weld County Department of Planning Services. (Dept. of Building Inspection) G. The Environmental Health Services Division was unable to locate a septic permit for the septic system serving the existing structure. The septic system 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 Weld County Department of Public Health and Environment approval shall be submitted to the Weld County Department of Planning Services (Dept. of Public Health) H. The plat shall be amended to include the following: 1) Weld County Road 5 is designated on the Transportation Plan Map as a collector status road, which requires 80 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. A total of 40 feet from the centerline of Weld County Road 5 shall be delineated on the plat as right-of- way reservation for future expansion of Weld County Road 5 . This road is Page 5 maintained by Weld County. (Dept. of Public Works) 2) The type of fencing materials being used to screen the site. (Dept. of Planning) 3) A traffic circulation that is one way in and one way out of the site. (Dept. of Public Works) 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. (Dept. of Planning) Page 6 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Ronald and Cathleen Nats USR-1269 1. The Site Specific Development Plan and Special Use Permit is for a kennel for the boarding of dogs and cats (35 dogs, maximum and 5 cats, maximum) in the 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. (Dept. of Planning) 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. (Dept. of Planning) 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 against surface and groundwater contamination. (Dept. of Public Health) 4. No permanent disposal of wastes shall be permitted at this site. (Dept. of Public Health) 5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. (Dept. of Public Health) 6. Fugitive dust shall be controlled on this site. (Dept. of Public Health) 7. The maximum permissible noise level shall not exceed the residential limit of 55 db(A) as measured according to 25-12-102, C.R.S. (Dept. of Public Health) 8. If applicable, the applicant shall obtain a Storm Water Discharge Permit from the Colorado Department of Public Health and Environment, Water Quality Control Division. (Dept. of Public Health) 9. The facility shall utilize the existing well. (Dept. of Public Health) 10. Bottled water shall be available to clients. (Dept. of Public Health) 11. The facility shall maintain a permit from and comply with the United States Department of Agriculture Rules & Regulations Pertaining to the Administration and Enforcement of the Pet and Animal Care and Facilities Act. (Dept. of Public Health) 12. Animal and food wastes, bedding, debris and other organic wastes shall be disposed of in a manner 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. (Dept. of Public Health) 13. One-way signs shall be posted at the entrance and exit to the site. (Dept. of Public Works) 14. Dogs shall be kept indoors between 9:00 p.m. and 7:00 a.m. (Dept. of Planning) Page 7 15. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 16. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 17. Personnel from the Weld County Departments of Public Health and Environment and 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. 18. 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. 19. 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. ( DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 FAX (970) 304-6498 1555 N. 17TH AVENUE (/‘ ‘ GREELEY, COLORADO 80631 C. COLORADO April 7, 2000 Todd Hodges Design, LLC do Todd Hodges 2412 Denby Ct Ft. Collins, CO 80526 Subject: USR-1269 - Request for a Site Specific Development Plan and Special Review Permit for a kennel in the Agricultural Zone District on a parcel of land described as Part of the SE4 of Section 20, Township 3 North, Range 68 West of the 6th P.M., Weld County, Colorado. Dear Mr. Hodges: 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 16, 2000, 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 Longmont and Mead Planning Commissions for their review and comments. Please call the city of Longmont at 303-651-8330 and the town of Mead at 970-535-4477 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 Longmont and Mead 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-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 uefore 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, • EXHIBIT Sheri Lockman Planner a 1 �) /9 NN EXHIBIT I 3 FIELD CHECK inspection date: 4/19/2000 CASE NUMBER: USR-1269 APPLICANT: Ronald & Cathleen Nats LEGAL DESCRIPTION: Pt. SE4 of Section 20, T3N, R68W of the 6th P.M., Weld County, CO LOCATION: West of and adjacent to Weld County Road 5 and north of State Highway 66 Zoning Land Use N A (Agricultural) N Agricultural / Residential E A (Agricultural) E Agricultural / Wetlands S A (Agricultural) S Agricultural / Residential W A (Agricultural) W Agricultural COMMENTS: Home on south side in close proximity. Home to north separated by a ditch and wetlands. Landscaping already in existence. Wooden fence at rear of property. Two accesses exist. % % /' IJCC ' a Sheri Lockman, Planner IT EXHIBIT FIELD CHECK inspection date: i i '+i C CASE NUMBER: L1 c:,f:--)._ a }i, (I APP LLCX \ 1: 1\,,/,-)e----, LEGAL DESCRIPTION: LOCATION: of and adjacent to Weld County Road Zoning Land Use N A (Agricultural) N E A (Agricultural) E S A (Agricultural) S W A (Agricultural) W COMMENTS: 1 JV CASE NO. .;_+ ,, a . -1 ulie A. Clio ter, Current Planner ACRES NAME -,r.cn 'Vats :. 'REQUEST 7 • A PUBLIC HEARING CONCERNING THIS jPROPERTY WILL BE.HELD AT 915.10th + . .STREET. GREELEY. COLORADO 80631, , - -I I. - ON W'c 3.' 19 AT FOR M^RE INFORMATION CALL THE Illift..._ WELD .AUNTY DEPT.OF PLANNING SERVICES AT 356-4000. { a &et EXHIBIT I E- usk #Izo4 Hello