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HomeMy WebLinkAbout20143184.tiff SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW (USR) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT # /AMOUNT # IS CASE # ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number 1 2 0 7 _ 3 0 _ 2 _ 0 4 _ 0 0 2 (12 digit number - found on Tax I.D. information, obtainable at the Weld County Assessor's Office, or www.co.wold.co.us) Legal Description Lot 2 Block 2 Seemore Heights , Section 30 , Township 3 North, Range 68 West Zone District: PUD , Total Acreage: 4.03 , Flood Plain: N/A , Geological Hazard: N/A Airport Overlay District: N/A FEE OWNER(S) OF THE PROPERTY: Name: Ann Elizabeth Nash Work Phone # (303) 818-3520 Home Phone # Email aenash@gmail.com Address: 13941 Elmore Road Address: City/State/Zip Code Longmont, CO 80504 Name: Jonathan R. Scupin Work Phone # (303) 818-3520 Home Phone # Email jonathan.scupin@gmail.com Address: 13941 Elmore Road Address: City/State/Zip Code Longmont, CO 80504 Name: Work Phone # _ Home Phone # Email Address: Address: City/State/Zip Code APPLICANT OR AUTHORIZED AGENT (See Below: Authorization must accompany applications signed by Authorized Agent) Name: Matthew A. Crowther Work Phone # (970) 304-0075 Home Phone # - Email mcrowther@counselcolorado.com Address: 916 10th Street Address: City/State/Zip Code Greeley, CO 80631 PROPOSED USE: Kennel I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be in)ja d indicating that tie ignatory has to legal authority to sign for the corporation. Signaturewner or Authorized Agent Date Signature: Owner or Authorized Agent Date SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW (USR) QUESTIONNAIRE The following questions are to be answered and submitted as part of the USR application. If a question does not pertain to your use, please respond with "not applicable", with an explanation as to why the question is not applicable. 1. Explain, in detail, the proposed use of the property. The proposed use of the property is a kennel as that term is defined by Weld County Code § 23-1 -90. The property owners desire to continue operating the Colorado Reptile Humane Society. 2. Explain how this proposal is consistent with the intent of the Weld County Code, Chapter 22 of the Comprehensive Plan. The proposed use by special review is consistent with the policies of the Weld County Code, Chapter 22. As stated in the preamble to the Weld County Charter, the goal of the charter — including Weld County Code, Chapter 22 — is to allow the citizens of Weld County to: avail [them]selves of self-determination in county affairs to the fullest extent permissible under the Constitution and laws of the State of Colorado. . .to provide uncomplicated , unburdensome government responsive to the people, and . . .to provide for the most efficient and effective county government possible. The requested use by special review allows that goal to be realized by availing the property owners of self-determination and allowing governmental control in a way that is responsive to the will of the people. Specifically, the proposed use by special review is consistent with the purpose of the Weld County Code because it would allow the property owners to continue to operate the CoRHS — a Colorado nonprofit corporation whose mission is to continue to improve the lives of reptiles and amphibians in captivity and in the wild through education and action . As acknowledged by Weld County Code § 22-1 -120(A): One (1 ) of the basic principles upon which the United States was founded , which it continues to preserve, and Weld County upholds, is the right of citizens to own and utilize their property. Private property rights are not unlimited rights but, rather, rights balanced with the responsibility of protecting community health, safety and welfare. It is the goal of the Comprehensive Plan to promote opportunities for County citizens, while protecting private property rights. Allowing the property owners to use their land as requested promotes opportunities for citizens in the community by allowing them to enjoy rehabilitated wildlife and adopt rehabilitated pets while simultaneously protecting the property owners' interest in continuing to utilize their property in the way that they intend . Such rezoning is in balance with the community's interest in protecting its health , safety, and welfare because it maintains the status quo ante with regard to actual present land use, poses no new or additional threats, and encourages the humane treatment of animals. As recognized by Weld County Code § 22-1 -120(F), land use policies have a significant impact on economic conditions in the County and should be structured to encourage economic prosperity and economic growth . Land use policy favors the continued operation of the CoRHS — an entity that has remained an economically viable ongoing concern since 1999 — because that entity alleviates the financial costs associated with governmental management of unwanted reptile pets and injured Colorado wildlife. Without the CoRHS, such costs would necessarily shift back to Weld County taxpayers and inhibit their economic prosperity in derogation of the Weld County Code. The Weld County Code specifically recognizes the fact that reduced fish and wildlife habitat is a significant problem facing the County. Weld County Code § 22-5-10(A). The perpetuation of nonprofit organizations like the CoRHS is integral to the effective management of species forced into increased 1 human contact and resultant injury. Through such perpetuation , the officials of the County, as well as each individual citizen, are afforded an improved ability to take appropriate action and an active role in preserving the well-being of such threatened species as envisioned by Weld County Code § 22-5-10(B). In sum , the proposed use by special review is consistent with the Comprehensive Plan adopted by Weld County, is supported by the goals that plan endeavors to pursue, would aid the county economically, and would help assure the continued viability of threatened wildlife populations. Such use would preserve the status quo ante. The property owners have been operating the CoRHS on the subject property since 2001 . Upon information and belief, no neighboring landowners made complaints or inquiries regarding the operation of the CoRHS on the property during that 13 year time period. 3. Explain how this proposal is consistent with the intent of the Weld County Code, Chapter 23 (Zoning) and the zone district in which it is located. The use by special review process is designed to protect and promote the health, safety, convenience and general welfare of the present and future residents of the county. Weld County Code § 23-2-200(A). For the reasons stated above, those goals will be met by the approval of this use by special review application and the continued operation of the CoRHS. 4. What type of uses surround the site (explain how the proposed use is consistent and compatible with surrounding land uses). The site is located within Seemore Heights. The Seemore Heights subdivision and the entirety of Elmore Road have vastly different tracts of land that are utilized in vastly different ways — primarily for agricultural , residential , and small business purposes. A review by address indicates that more than 50% of land owners in this area operate businesses from their properties and there is an Estate zoned PUD not more than 450 feet to the east. The kennel use allowed by the proposed use by special review permit will be compatible with land uses surrounding the PUD Zone District 5. Describe, in detail, the following: a. Number of people who will use this site Except for during appointments, the property is occupied by its two residents. Typically, during appointments, one or two additional people are present. b. Number of employees proposed to be employed at this site The CoRHS has no employees. It is staffed by the propery's two residents, Ann Elizabeth Nash and Jonathan Scupin , and volunteers. One volunteer visits the sight two days during the week and two to four volunteers visit the sight each Saturday. c. Hours of operation The CoRHS operates 24 hours per day, 7 days per week. However, it is open to the public on an appointment only basis. d. Type and number of structures to be erected (built) on this site No additional structures are anticipated . e. Type and number of animals, if any, to be on this site Presently there are 139 animals housed on the property, including approximately 30 species of amphibians and reptiles. The number of animals on-site hovers around this number, but fluctuates as new animals are received , adoptive placements are made for rehabilitated animals, and Colorado wildlife is released . 2 f. Kind of vehicles (type, size, weight) that will access this site and how often No special vehicle access needs are anticipated. The residents drive cars. g. Who will provide fire protection to the site Fire protection is provided by the Mountain View Fire Department. h. Water source on the property (both domestic and irrigation) The property's water is supplied by Long's Peak Water District. I. Sewage disposal system on the property (existing and proposed) It is proposed that the property continue to utilize its existing septic system. j. If storage or warehousing is proposed, what type of items will be stored No additional storage or warehousing is proposed . 6. Explain the proposed landscaping for the site. The landscaping shall be separately submitted as a landscape plan map as part of the application submittal. The grounds are landscaped with numerous xeric perennials, eight deciduous trees, and one pine tree. Native grasses have been cultivated on the property and noxious weeds removed . No additional planting or other amenities are proposed . 7. Explain any proposed reclamation procedures when termination of the Use by Special Review activity occurs. No reclamation would appear to be necessary. 8. Explain how the storm water drainage will be handled on the site. Storm water drainage will not be impacted by the proposed use by special review. 9. Explain how long it will take to construct this site and when construction and landscaping is scheduled to begin. No additional construction or landscaping is anticipated . 10. Explain where storage and/or stockpile of wastes will occur on this site. No additional wastes are anticipated . 11. Please list all proposed on-site and off-site improvements associated with the use (example: landscaping, fencing, drainage, turn lanes, etc.) and a timeline of when you will have each one of the improvements completed. No additional improvements are anticipated . 3 0 SOU A Weld County Public Works Dept. .y �� -t 1111 H Street ACCESS PERMIT ,o Aft, sr Co P.O. Box 758 0 - � Greeley, Co 80632 APPLICATION FORM c/o *�� Phone: (970)304-6496 Fax: (970)304-6497 Applicant Property Owner (If different than Applicant) Name Matthew Crowther Name Jonathan Scupin & Ann Elizabeth Nash Company Jorgensen, Brownell & Pepin, P. C. Address 13941 Elmore Road Address 7916 10th Street City Longmont State CO Zip 80504 City Greeley State CO Zip 80631 Phone (303) 818-3520 Business Phone (970) 304-0075 Fax Fax (970) 351 -8421 E-mail aenash@gmail.com E-mail mcrowther@counselcolorado.com A = Existing Access A= Proposed Access Parcel Location & Sketch The access is on WCR 30 Nearest Intersection : WCR 30 & WCR 1 WCR 3C> Distance from Intersection 1 /2 mile Parcel Number 1207-30-2-04-002 Section/Township/Range NW30/3N/68W T Is there an existing access to the property . •�' ES N �' N p p Y •' -� Number of Existing Accesses 2 Road Surface Type & Construction Information Asphalt Gravel Treated Other WCR Culvert Size & Type Materials used to construct Access Construction Start Date Finish Date Proposed Use °Temporary (Tracking Pad Required)/ $75 0 Single Residential/$75 ° Industrial/$150 Small Commercial or Oil & Gas/$75 O Large Commercial/$150 O Subdivision/$ 150 () Field (Agriculture Only)/Exempt Is this access associated with a Planning Process? EINo EiUSR EIRE ❑ PUD DOther Required Attached Documents - Traffic Control Plan -Certificate of Insurance - Access Pictures (From the Left, Right, & into the access) By accepting this permit, the undersigned Applicant, under penalty of perjury, verifies that they have received all pages of the permit application; they have read and understand all of the permit requirements and provisions set forth on all pages; that they have the authority to sign for and bind the Applicant, if the Applicant is a corporation or other entity; and that by virtue of their signature the Applicant is bound by and agrees to comply with all said permit requirements and provisions, all Weld County ordinances, and state laws regarding facilities constru tion. _ f KSignature Printed Name C0\jttrDate Lb c� Approval or Denial will be issued in minimum of 5 days. Approved by Revised Date 6/29/10 13941 Elmore Road • rel.' M . I f it •• e�14 I it. 114 W et I f .' 1,'•d`- • • ' - i. .i • . y, i a a ' `• I � Yes _ • 1 LJ fr. • •. - ' • IN •ft 74- al.% 1." 4 '41p 4 ` i ‘ 4. 1.11 f I ...-, . rt ipAte , ta , , ib‘4 ' f A* "rib -v.. w• -� t arc • • �4 • �' 1 tic.), ,w. 1 t . • li•,. ? Each drive i _ • �� ,I • .� . II • . 4 • has a gate; /1 _ i _ • : .. front of • ' .• • �• , ►- :r4 property • wi , . ; air 1 • • ,• .., has privacy } 1. not ¢ � ,, • :1 ' :' L • fencingli di a* a t sifits:I I " !`• / liko . '� . / elm, .iigir • • &EP\i- ' saw: • •, .. C 01- �.. f►Se ! IN Se t • - 0 V F> S.. 4 at ° 1 a 4 • i naviiti ilif i �� • lir 2000 sq. ft. tortoise 1312 sq. ft. barn 1800 sq . ft. area (former foaling 1200 gal . pond turtle area 1848 sq . ft. home pen) 8000 sq . ft. 864 sq . ft. steel building tortoise area fteitigit•-\\ Notice of Inquiry Development within an Intergovernmental Agreement COLORADO Urban Growth Boundary Date of Inquiry & 4 ' kt- Town Referred to: LOWe Mme. Name of Person Inquiring a pt ut , ViaS„t.� , Property Owner S(APl1J • Hps244 Planner Legal Description Legal Parcel # I aol - _ -Qty,-Dna Major Crossroads ,51-1 Type of Inquiry V The above person inquired about developing a parcel of land inside your designated Intergovernmental Agreement Urban Growth Boundary. This person has been referred to your community by Weid County Planning to discuss development options on this site. Weld County Comments: Wirtes ocnA L. 445 Is. vaiuua Vvi 6s Xn A4452 IsOVJ • t-y e7 o C) c eP'�U cn t S Town/City Comments: '--c— ic::)• L t 5 _ CorwN..-aS. Csty\ssAci:\ Signet? •f Weld County Plana er Signature of Town/City Representative It is the applicant's responsibility to return the completed form to Weld County. White copy: Applicar- t: Yellow Copy: Town/City: Pink Copy. Weld County Weld County Ptah' .g Departmen 1555 N 17th Ave Greeley, CO 60631 — (9 , : ' 3-£1 ext. 3540 - (970) 304-6498 Fax WELD COUNTY ACCESS PERMIT Weld County Public Works Dept. �4>o c o(,y Phone: (970) 304-6496 1111 H Street After Hours: (970) 356-4000 P.O. Box 758 -o o Emergency Services: (970) 304-6500 x 2700 y /Greele , CO 80632 \ ` - Inspection: (970) 304-6480 �ciCW ' Permit Number: AP14-00349 Issuance of this permit binds applicant and its contractors to all requirements, provisions, and ordinances of Weld County, Colorado. Project Name: PUDF14-0007/USR14-0040 Expiration date: 02/26/2015 Applicant Information: Property Owner Information: Name: Matthew Crowther Name: Jonathan Scupin & Ann Elizabeth Nash Company: Jorgensen, Brownell & Pepin, P.C. Company: Jonathan Scupin & Ann Elizabeth Nash Phone: 970-304-0075 Phone: 303-818-3520 Email: mcrowther@counselcolorado.com Email: aenash@gmail.com Location: Proposed Use: Access is on WCR: Elmore Rd. Temporary: Nearest Intersection WCR: Elmore Rd. & WCR: Hwy 66 Single Residential: El Distance From Intersection: 255 Industrial: Number of Existing Accesses: 2 Small Commercial: Planning Process: PUD USR14-0040/PUD Oil & Gas: Large Commercial: Road Surface Type & Construction Information: Subdivision: Road Surface: Asphalt Field (Agricultural Culvert Size & Type: 15" CMP/RCP min. Only)/Exempt: Start Date: Finish Date: Materials to Construct Access: existing Required Attached Documents Submitted: Traffic Control Plan: No Certificate of Insurance: No Access Pictures: No A copy of this permit must be on site at all times during construction hours Daily work hours are Monday through Friday DAYLIGHT to 1/2 HOUR BEFORE DARK (applies to weekends if approved) Approved MUTCD traffic control/warning devices are required before work begins and must remain until completion of work Special Requirements or Comments Parcel 120730204002. Utilize existing access points on Elmore Rd. (2-Residential) located approx. 255 ft. & 410 ft. South of Hwy 66. Approved by: DgltalysgnedbyD/organCebbe Weld County Public Works Date: 8/26/2014 DN:an=Morgan Gabbers,o.ou, ema I=mgabbert@veldgov.com, c=US Date:2014.08.26 08:48:34-O6'0O' Print Date -Time: 8/26/2014 8:47:43AM Report ID: PW00008v001 Page 1 of 1 Hello