HomeMy WebLinkAbout20002744.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Mike Goss Case Number USR-1288
Submitted or Prepared
Prior to At Hearing
Hearing
1 Planning Commission Resolution
2 Staff Comments (7 pages) X
3 Photograph of sign posting X
4 Department of Planning Services field check form X
5 Planning Commissioner field check form X
6 Reciept X
7 Letter to Applicant X
8 Legal Notifications (2 pages) X
9 Application (4 pages) X
10 Referral List X
11 Referral Letter X
12 West Greeley Soil Conservation District, referral received X
9/6/2000
13 Colorado Division of Wildlife, referral received 9/13/2000 X
14 City of Evans, referral received 8/25/2000 X
15 Weld County Department of Public Health and Environment, X
referral received 10/4/2000 (2 pages)
16 Milliken Fire Protection District, referral received 9/29/2000 X
17 City of Greeley, referral received 9/29/2000 (3 pages) X
18 Weld County Department of Public Works, referral received X
9/15/2000 (3 pages)
19 Map X
20 8 1/2"X 11" maps submitted by applicant (3 pages) X
21 24" X 36" plat X
22 Deed (2 pages) X
23 Certificate of Conveyance (11 pages) X
24 Surrounding Property Owners (26 pages) X
25 Water and Septic Information (2 pages) X
L. EXHIBIT
2000-2744 I List */fla
26 Soil Survey (5 pages) X
27 Walker D. Miller Letter(2 pages) X
28 Jill K.H. Montgomery Letter X
29 The McGuinly Family Letter X
30
Item submitted at planning commission
I hereby certify that the 29 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
Sheri Lockman ❖ Planner II
W■��� LAND ON
SUMMARY SHEET
COLORADO
Case Number: USR-1288 Hearing Date: October 17, 2000
Applicant: Mike Goss,
c/o AgPro Environmental Services, LLC
Address: 6715 28th Street
Greeley, Colorado 80634
Request: A Site Specific Development Plan and Special Review Permit for an Agricultural
Service Establishment (Animal Training and Boarding for forty (40) cows and
horses) in the Agricultural Zone District
Legal Description: Pt. SE4 of the SW4 of Sec. 16, T5N, R66W of the 6th P.M., Weld County,
Colorado
Location: North of and adjacent to 28th Street and approximately 800 feet west of
59th Avenue
Size of Parcel: 4 +/- 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 Public Health and Environment, referral received 10/4/2000
Weld County Department of Public Works, referral received 9/15/2000
Milliken Fire Protection District, referral received 9/29/2000
City of Greeley Planning, referral received 9/27/2000
West Greeley Soil Conservation District, referral received 9/6/2000
Colorado Division of Wildlife, referral received 9/13/2000
City of Evans, referral received 8/25/2000
Goss, USR-1288,Page I
EXIMIT
414 SPECIAL REVIEW PERMIT
W� ADMINISTRATIVE REVIEW
W1`Dc.
COLORADO
PLANNER: Sheri Lockman HEARING DATE: October 17, 2000
CASE NUMBER: USR-1288
APPLICANT: Mike Goss,
do AgPro Environmental Services, LLC
ADDRESS: 6715 28th Street
Greeley, Colorado 80634
REQUEST: A Site Specific Development Plan and Special Review Permit for an Agricultural
Service Establishment (Animal Training and Boarding for forty (40) cows and
horses) in the Agricultural Zone District
LEGAL DESCRIPTION: Pt. SE4 of the SW4 of Sec. 16, T5N, R66W of the 6th P.M., Weld
County, Colorado
LOCATION: North of and adjacent to 28th Street and approximately 800 feet west of 59th
Avenue
SIZE OF PARCEL: 4 +1- acres
PARCEL NUMBER: 0959 16 300007 and 0959 16 300008
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' 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 --That 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 map indicates that the soils on the property are designated "Urban -
and Urban Build-up Land". A.Policy 1 states,"Agricultural zoning will be established
and maintained to protect and promote the County's agricultural industry."
Goss.USR-1288, Page 2
b. Section 24.3.1.2--The proposal is consistent with the intent of the district in which
the use is located. The property is zoned Agricultural and Section 31.4.2 states that
Agricultural Service Establishments primarily engaged in performing agricultural,
animal husbandry, or horticultural services on a fee or contract basis, including
livestock confinement operations, are permitted as a Use by Special Review in the
Agricultural Zone District.
c. Section 24.3.1.3 --The uses which would be permitted will be compatible with the
existing surrounding land uses. A veterinary hospital lies directly east of the site.
The property to the north of the site is platted for residences but is being used as
a horse pasture at this time. To the west of the site is a single family residence with
pasture. To the south is State Highway 34 and agricultural properties. The
surrounding area is primarily zoned R-1 and Agricultural. Both zone districts allow
for cattle and horses.
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. This proposal is within the three mile referral area of the
City of Evans. The City of Evans stated no conflicts exist with their interests. The
site is within the urban growth boundary of the City of Greeley. The City of Greeley
recommended denial of the proposal as it does not comply with the policies and
intent of the City of Greeley's Comprehensive Plan and would not be compatible
with the anticipated urban population of residents and businesses in the immediate
vicinity. It should be noted that the City of Greeley and Weld County do not have an
intergovernmental agreement in place. A Condition of Approval requires the
applicant to attempt to address the concerns of the City of Greeley.
e. Section 24.3.1.5 --The application complies with the Weld County Zon ng
Ordinance, Section 50, Overlay District Regulations if the proposal is located within
the Overlay District Areas identified by maps officially adopted by Weld County.
Effective December 1, 1999, Building Permits issued on the lot will be requirec to
adhere to the fee structure of the Windsor Service Area Road Impact Program.
f. Section 24.3.1.6--If the use is proposed to be located in the A-District,the applicant
shall demonstrate a diligent effort to conserve prime agricultural land in the
locational decision for the proposed use. This property is designated as "Urban -
and Urban Build-up Land" on the U.S.D.A. Soils Map. No "Prime" farm ground
exists on the site.
g. Section 24.3.1.7-There is adequate provision for the protection of the health, safety
and welfare of the inhabitants of the neighborhood and the County. The attached
Conditions of Approval and Development Standards ensure the protection of the
health, safety and welfare of the inhabitants of the neighborhood and the County.
h. Section 47 -- The applicant shall comply with the additional requirements of the
Livestock Feeding Performance Standards.
Goss. USR-1288, Page 3
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 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. Any existing septic system(s) which is not currently permitted through the Weld
County Department of Public Health and Environment, Environmental Health
Services will require an I.S.D.S. evaluation prior to the issuance of the required
septic permit(s). The review shall consist of an observation of the system and an
evaluation of the systems ability to handle the proposed hydraulic load. In the event
the system(s) is found to be inadequate, the system(s) must be brought into
compliance with current Individual Sewage Disposal System regulations.
(Department of Public Health and Environment)
B. The applicant shall provide to the Weld County Department of Planning Services
a copy of the access permit issued by the Colorado Department of Transportation
(CDOT) which grants access to West 28' Street, or written evidence that the
applicant has complied with the requirements of the Colorado Department of
Transportation (CDOT). (Depts. of Public Works and Planning Services)
C. The plat shall be amended to include all criteria as listed in Section 24.7.4 of the
Weld County Zoning Ordinance. (Dept. of Planning Services)
D. The plat shall be amended to identify a sixty (60) foot turning radius between the
garage and the horse barn. This clear area shall accommodate a turnaround for
trucks with horse trailers utilizing the site. There will be no parking allowed in this
clear zone. Additional parking shall be identified south of the garage and adjacent
to the property line. Both areas shall be identified on the plat. (Dept. of Public
Works)
E. The applicant shall attempt to address the requirements of the City of Greeley as
stated in the referral response received September 27, 2000. Evidence of such
shall be submitted in writing to the Weld County Department of Planning Services.
3. Prior to operation:
A. In accordance with Section 3.1 of the Weld County Individual Sewage Disposal
System Regulations a toilet and sewage disposal system shall be provided for
patrons of the facility.
Goss, USR-1288, Page 4
1) In the event the facilities available in the existing home, or any other existing
on-site facilities, will serve patrons of the site the septic system serving the
structure shall be reviewed by a Colorado Registered Professional Engineer.
The review shall consist of an observation of the system and an evaluation
of the systems ability to handle the proposed hydraulic load. In the event
the system(s)is found to be inadequate, the system(s) must be brought into
compliance with current Individual Sewage Disposal System regulations.
(Dept. of Public Health and Environment)
2) In the event a new septic system will be installed to serve patrons of the
facility the system shall be designed by a Colorado Registered Professional
Engineer according to the Weld County Individual Sewage Disposal
Regulations. (Dept. of Public Health and Environment)
B. The application shall inform the Milliken Fire Protection District that the use will be
occurring on the site. (Dept. 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)
Goss. USR-1288,Page 5
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Mike Goss, do AgPro Environmental Services, LLC
USR-1288
1. The Site Specific Development Plan and Special Use Permit is for an Agricultural Service
Establishment (Animal Training and Boarding) in the A (Agricultural) Zone Di:strict, 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 Services)
2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld
County Zoning Ordinance, as amended. (Dept. of Planning Services)
3. Fugitive dust shall be confined to the site. (Dept. of Public Health and Environment)
4. All liquid and solid waste (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100, 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 and
Environment)
5. No permanent disposal of solid wastes, shall be permitted at this site. (Dept. of Public
Health and Environment)
6. The facility shall maintain compliance with Confined Animal Feeding Operations Control
Regulations (5 CCR 1002-19) and, Sections 45 and 47 of the Weld County Zoning
Ordinance, as amended. (Dept. of Public Health and Environment)
7. This facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone as delineated in 25-12-103 C.R.S., as amended. (Dept. of Public Health
and Environment)
8. The applicant shall remove, handle, and stockpile manure from the livestock area in a
manner that will prevent nuisance conditions. The manure piles shall not be allowed to
exist or deteriorate to a condition that facilitates excessive odors, flies, insect pests, or
pollutant runoff. The surface beneath the manure storage areas shall be of materials which
are protective of State waters. These areas shall be constructed to minimize seepage or
percolation of manure contaminated water. In no event shall the facility impact or degrade
waters of the State in violation of the Confined Animal Feeding Operations Control
Regulation (5 CCR 1002-19). (Dept. of Public Health and Environment)
9. The facility shall be operated in a manner to control odor. Additional controls shall be
implemented at the request of the Weld County Department of Public Health and
Environment in the event odor levels detected off-site meet or exceed the level of fifteen-
to-one dilution threshold, as measured pursuant to Regulation 2 of the Colorado Air
Pollution Control Regulations, or in the judgement of the Weld County Health Officer, there
exists an odor condition requiring abatement (Dept. of Public Health and Environment)
Goss, USR-1288, Page 6
10. The facility shall be operated in a manner to control flies. Additional fly control measures
shall be implemented at the request of the Weld County Department of Public Health and
Environment in the event that flies (which can be determined to be associated with the
facility) are in such a number to be considered a nuisance condition. Additional controls
shall also be implemented in the event the Weld County Department of Public Health and
Environment receives a significant number of fly (associated with facility) complaints, and
in the judgement of the Weld County Health Officer, there exists a fly condition requiring
abatement. (Dept. of Public Health and Environment)
11. There shall be no burning conducted at the site, with exception to burning defined as
"agricultural open burning" as defined by Regulation No. 1 of the Colorado Air Quality
Control Commission Regulations. (Dept. of Public Health and Environment)
12 The site shall be limited to 40 animal units. (Dept. of Planning Services)
13 The facility shall be operated during daylight hours except in the case of emergency. (Dept.
of Planning Services)
14. All construction on the property shall be in accordance with the requirements of the Weld
County Building Inspection Department. (Dept. of Planning Services)
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. (Dept. of Planning
Services)
16. Effective December 1, 1999, Building Permits issued on the lots will be required to adhere
to the fee structure of the Windsor Service Area Road Impact Program. (Ordinance 210)
(Dept. of Planning Services)
17. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 24.6 of the Weld County Zoning Ordinance. (Dept. of Planning
Services)
18. 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.
19. 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 snail
be filed in the office of the Department of Planning Services.
20. 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.
Goss, USR-1288, Page 7
( &'t
a DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3540
FAX (970) 304-6498
1555 N. 17TH
Wi`p C. GREELEY, COLORADOVENUE 80 31
COLORADO
August 21, 2000
Sharyn Frazer
c/o AgPro Environmental Services, LLC
6508 WCR 5
Erie, CO 80516
Subject: USR-1288- Request for a Site Specific Development Plan and Special Review Permit for an
Agricultural Service Establish (Animal Training and Boarding) in the Agricultural Zone District.
on a parcel of land described as Part of the SE4 of the SW4 of Section 16, Township 5 North,
Range 66 West of the 6th P.M., Weld County, Colorado.
Dear Ms Frazer:
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 October 17, 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 Evans and Greeley Planning
Commissions for their review and comments. Please call .he Town of Evans at 970-339-5344 and the City
of Greeley at 970-350-9780 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 Evans and Greeley 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:he property a minimum of ten cays
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 recommendatior 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 Plannirg Commission hearing to make arrangements to obtain the recommendation.
If you have any questions concerning this matter, please call.
Respectfully,
1 ]]__
„I,l/X.UQ i,' 1 CZlk Y YL EXHIBIT
Sheri Lockman
Planner 7
WOW COunty Plannlr¢ Dept.
FIELD CHECK
S EP 01 2000
7
CASE NUMBER: USR-1288 DATE OF INSPECTION: 0.16-Azt RECEIVED
APPLICANT'S NAME: Mike Goss
PLANNER: Sheri Lockman
REQUEST: Site Specific Development Plan and Special Review Permit for an Agricultura Service Establish
(Animal Training and Boarding) in the Agricultural Zone District.
LEGAL DESCRIPTION: Part of the SE4 of the SW4 of Section 16, Township 5 North, Range 66 West of
the 6th P.M., Weld County, Colorado.
LOCATION: North of and adjacent to 28'" Street and approximately 800 feet west of 5g`"Avenue.
LAND USE:
N VALit1'iT PASTVa
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- r1Lv`I 3 el 3/4-5s
w Snn,-c.c. tto sa - 2 At,I0.-.)ZONING: N A (Agricultural)
E A (Agricultural)
S A (Agricultural)
W A (Agricultural)
COMMENTS:
,NICE U/4,u_ K-s Pr FACii-4 {- A-P09urns To i3L 4 wi-cc
=TPLMILD MC it. (7 i ,Tlftkq i ui J LC-EA-IA MAR.It > z c t
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P.C. Member —
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EXHIBIT
3
FIELD CHECK inspection date: 8/22/2000
CASE NUMBER: USR-1288
APPLICANT: Mike Goss
LEGAL DESCRIPTION: Part SE4 SW4 Section 16, T5N, R66W of the 6th P.M.,
Weld County, CO
LOCATION: North of and adjacent to 28th Street and approximately 800 feet west cf
59th Avenue
Zoning Land Use
N A (Agricultural) N Agricultural / Residential
E A (Agricultural) E Agricultural / Residential / West Ridge
Animal Hospital and JLR Drywall
S A (Agricultural) S State Highway 34
W A (Agricultural) W Agricultural / Residential
COMMENTS: Many of the properties in the area have livestock on them
(mostly horses). The properties directly east and west have small pasture
areas. Westridge Animal Hospital and JLR Drywall are east of the site.
1A / C/41
Sheri Lockman, Planner II
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