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Home My WebLink About981861.tiff INVENTORY OF ITEMS FOR CONSIDERATION Applicant Mark and Janese Powell Case Number USR-1196 Submitted or Prepared Prior to At Hearing Hearing 1 Planning Commission Resolution 2 Comments (5 pages) X 3 Staff field check form X 4 Letter to applicant X 5 Legals (2 pages) X 6 Application (7 pages) X 7 Referral list X 8 West Greeley Soil Conservation District referral 7/6/98 X 9 Weld County Health Department referral 7/6/98 (2 pages) X 10 Weld County Public Works referral 6/18/98 (4 pages) X 11 Costilla Energy referral 7/8/98 X 12 Stephen Mokray--Weld County Planning Commission referral X 7/8/98 13 Maps (3 pages) X 14 Deed (3 pages) X 15 Surrounding Property Owners (6 pages) X 16 Central Weld County Water District 7/9/98 X 17 Soils Report(4 pages) X J EXHIBIT A 981861 tall*I(9b I hereby certify that the 17 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. Se," Ben Patton + Planner STATE OF COLORADO ) COUNTY OF WELD ) SUBSCRIBED and SWORN TO BEFORE ME THIS Ad ay of Art • J 19 199. SEAL `M Q 1L) NOTARY PUBLifett MY COMMISSION EXPIRES taQ-03 —oa 981861 6(11X4 ND USE APPLICATION wine SUMMARY SHEET COLORADO Case Number. USR-1196 Hearing Date:August 4, 1998 Applicant Mark and Janese Powell Address: 25505 WCR 53 Kersey, CO 80644 Request: A Site Specific Development Plan and a Special Review Permit for a Site Specific Development Plan and a Special Review Permit for a Veterinary Clinic in the A (Agricultural) zone Legal Description: Lot B of RE-795; part of the NE 1/4 of Section 29, Township 5 North, Range 64 West of the 6th P.M., Weld County, Colorado. Location: Approximately 1 mile south of Kersey and approximately 1/4 mile west of WCR 53. Size of Parcel: 30 acres, more or less 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 Health Department • Weld County Public Works • Town of Kersey • West Greeley Soil Conservation District • Costilla Energy, Inc. • Stephen Mokray 981.861 / ti64 I SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW COLORADO PLANNER: Ben Patton CASE NUMBER: USR-1196 HEARING DATE: August 4, 1998 APPLICANT: Mark and Janese Powell ADDRESS: 25505 WCR 53 Kersey, CO 80644 REQUEST: A Site Specific Development Plan and a Special Review Permit for a Site Specific Development Plan and a Special Review Permit for a Veterinary Clinic in the A(Agricultural) zone LEGAL DESCRIPTION: Lot B of RE-795; part of the NE 1/4 of Section 29, Township 5 North, Range 64 West of the 6th P.M., Weld County to, Colorado. LOCATION: Approximately 1 mile south of Kersey and approximately 1/4 mile west of WCR 53. SIZE OF PARCEL: 30 acres, more or less PARCEL NUMBER: 0963 29 000009 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, as amended. Agriculture Goal 2 allows commercial uses which are directly related to • agriculture to locate within Agricultural zoning when the impact on surrounding properties is minimal and where adequate infrastructure is available. The proposed Veterinary Clinic will serve the surrounding agricultural community and the facility will be served by public water and the existing septic system. Additionally, Urban Growth Boundary(UGB)Goal and Policy ' #2 encourages the concentration of urban development in or adjacent to existing municipalities. The proposed use is located within the Town of Kersey's UGB as defined by the Weld County Comprehensive Plan. Agriculture Goal #1 also encourages the preservation of prime farmland for agricultural purposes. The suitability of the soils on this 30 acre site are classified as"not prime" farmland by the USDA Soil Conservation Service. No prime farm ground will be taken out of production. 981861 b. Section 24.3.1.2 -- This proposal is consistent with the intent of the A (Agricultural) zone district. Section 31.4.2 included veterinary clinics or hospitals as a Use by Special Review in the A zone district. Additionally, Section 31.4.8 provides for kennels, subject to the additional requirements of Section 45.6, as a Use by Special Review in the A zone district. The additional requirements contained in Section 45.6 are addressed by the attached Conditions of Approval and Development Standards. c. Section 24.3.1.3 -- The proposal is consistent with Section 24.3.1.3 of the Weld County Zoning Ordinance, as amended and will be compatible with future development of the surrounding area. The proposal is compatible with surrounding land uses which include agricultural production to the north and west and large acreages to the east and south. d. Section 24.3.1.4 -- The proposed uses will be compatible with future development of the surrounding area as permitted by the A (Agricultural) zone districts and with the future development as projected by the Comprehensive Plan or Master Plan of affected municipalities. The Town of Kersey reviewed this proposal and determined that there were no conflicts with the Kersey Comprehensive Plan. e. Section 24.3.1.5—The proposal is not located within the Overlay District Areas identified by maps officially adopted by Weld County. f 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 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 plat. The completed plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorders Office within 30 days of approval by the Board of County Commissioners. 2. Prior to recording the plat: A. The following notes shall be placed on the plat: 1) All proposed or existing structures will or do meet the minimum setback and offset requirements for the Agricultural zone district (Dept. Of Planning Services). 2) Any future construction on site shall require an amendment to the Use by Special Review(Dept. Of Planning Services). B. The applicant shall submit a parking plan to the Department of Planning Services for review and approval. The parking plan shall be made in accordance with Section 41 of the Weld County Zoning Ordinance(Dept. Of Planning Services). C. The applicant shall submit a landscaping plan to the Department of Planning Services for review and approval. The landscaping plan shall indicate location and species of all plant materials, planting implementation schedule and landscape maintenance plan (Dept. Of Planning Services). 9818£1 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 Services). 3. Any proposed signage shall require appropriate building permits and be constructed in accordance with Section 42.2 of the Weld County Zoning Ordinance(Dept. Of Planning Services). 981861 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS 1, All liquid and solid wastes shall be stored and removed for the final deposit in a manner that protects against surface and groundwater contamination. 2. No permanent disposal of wastes shall be permitted at this site. 3. Waste materials shall be handled, stored, and deposited in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 4. Fugitive dust shall be controlled on this site. 5, The maximum permissible noise level shall not exceed the residential limit of 55 db(A) as measured according to 25-12-102, Colorado Revised Statutes. 6. Adequate toilet facilities shall be provided for the public and employees. 7. The facility shall utilize the existing public water supply. 8. In the event the facility boards animals, the facility shall receive and maintain a permit from and comply with the United States Department of Agriculture rules and regulations pertaining to the administration and enforcement of the Pet Animal Care and Facilities Act. 9. The septic system shall be reviewed by a Colorado Registered Professional Engineer. The review shall consist of an observation of the system and a technical review describing the system's ability to handle the proposed hydraulic load. The review shall be submitted to the Environmental Protection Service Division of the Weld County Health Department. In the event the system is found to be inadequately sized or constructed the system shall be brought into compliance within the current I.S.D.S.Regulations. 10. In the event an addition is added to the existing house and the hydraulic load is increased to the existing septic system, the septic system shall be reviewed by a Colorado Registered Professional Engineer. The review shall consist of an observation of the system and a technical review describing the system's ability to handle the proposed hydraulic load. The review shall be submitted to the Environmental Protection Service Division of the Weld County Health Department. In the event the system is found to be inadequately sized or constructed the system shall be brought into compliance within the current I.S.D.S. Regulations. 11. A Weld County Septic Permit is required for any proposed septic system and is required to be designed by a Colorado Registered Professional Engineer according to Weld County I.S.D.S. fjeyulations. 12. 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. 981.861 6 DEPARTMENT OF PLANNING SERVICES Cfe PHONE (970) 353-6100, EXT.3540 FAX 352-6312 WELD COUNTY ADMINISTRATIVE OFFICES I 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO June 22, 1998 Mark and Janese Powell 25505 WCR 53 Kersey, CO 80644 Subject: USR-1196- Request for a Site Specific Development Plan and Use by Special Review permit for a Veterinary Clinic in the(A)Agricultural zone district on a parcel of land described as Lot B of RE-795 located in Section 29, T5N, R64W of the 6th P.M., Weld County, Colorado. Dear Mr. and Mrs. Powell: 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 August 4, 1998, at 1:30 p.m. This meeting will take place in the County Commissioners' Hearing Room, First Floor,Weld County Centennial Center, 915 10th 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 Kersey Planning Commission for its review and comments. Please call Town of Kersey at 970-353-1681 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 Kersey 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 rightof-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. Res ectfully, D C7( Ur/ Ben Patton Current Planner 981.861 FIELD CHECK inspection date: 7/23/98 CASE NUMBER: USR-1196 APPLICANT: Mark and Janese Powell LEGAL DESCRIPTION: Lot B of RE-795; part of the NE 1/4 of Section 29, Township 5 North, Range 64 West LOCATION: Approximately 1/4 mile west of WCR 53, approximately 1 1/2 miles south of Kersey Zonirt2 Land Use N A (Agricultural) N Pasture E A(Agricultural) E Residence/Pasture S A(Agricultural) S Residence/Pasture W A(Agricultural) W Pasture COMMENTS: On-site exists a nice single-family home and several accessory buildings to a veterinary service. The most prominent of these structures is a large aluminum-sided structure. A small dog kennell as well as a pigeon coop are active among the accessory structures. Access road to the site is well maintained; parking space on-site appears to be satisfactory. Fenced pasture exists on all but the south side of the site. No obvious on-site restrictions to the proposed use are visible. 991.86 1 Hello