HomeMy WebLinkAbout20131958.tiffWELD�C0UNTY
Planner:
Case Number:
Applicant:
Request:
Legal
Description:
Diana Aungst
USR13-0024
Jeff Childs
LAND USE APPLICATION
SUMMARY SHEET
Hearing Date: July 2, 2013
A Site Specific Development Plan and Use by Special Review Permit for a Kennel (75
Dog Boarding Kennel and 25 Doggie Day Care for a Maximum of 100 Dogs) and Any
Use Permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the
Commercial or Industrial Zone Districts, (Veterinary Clinic, Dog Grooming, and Retail
Sales of Dog Food, Supplies, and Toys), provided that the property is not a lot in an
approved or recorded subdivision plat or lots parts of a map or plan filed prior to
adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District
Part of W2 N2 N2 NW4 of Section 20, T3N, R68W of the 6th P.M., Weld County, CO
Location: South of and adjacent to County Road 32 and east of and adjacent to County Road 3
Size of Parcel: +/- 20 acres Parcel No. 1207-20-0-00-052
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County
Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
• Town of Mead, referral dated June 7, 2013
Longmont Soils Conservation District, referral dated May 14, 2013
• Weld County Department of Public Works, referral dated May 13, 2013
Mountain View Valley Fire Protection District, Referral dated May 15, 2013
• Weld County Department of Building Inspection, referral dated May 24, 2013
• Weld County Department of Public Health and Environment, referral dated May 28, 2013
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
Longs Peak Water District, referral dated April 30, 2013
Weld County Zoning Compliance, referral dated April 30, 2013
Northern Colorado Water Conservancy District, referral dated April 30, 2013
The Department of Planning Services' staff has not received responses from the following agencies:
• Boulder County
City of Longmont
• School District RE -1J
Weld County Sheriffs Department
Colorado Division of Parks and Wildlife
St. Vrain and Left Hand Water Conservancy District
USR13-OO24. Page 1 of 10
WELD�COUNTY
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Planner:
Case Number:
Applicant:
Request:
Legal
Description:
Location:
Diana Aungst
USR13-0024
Jeff Childs
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Hearing Date: July 2, 2013
A Site Specific Development Plan and Use by Special Review Permit for a Kennel (75
Dog Boarding Kennel and 25 Doggie Day Care for a Maximum of 100 Dogs) and Any
Use Permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the
Commercial or Industrial Zone Districts, (Veterinary Clinic, Dog Grooming, and Retail
Sales of Dog Food, Supplies, and Toys), provided that the property is not a lot in an
approved or recorded subdivision plat or lots parts of a map or plan filed prior to
adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District
Part of W2 N2 N2 NW4 of Section 20, T3N, R68W of the 6th P.M., Weld County, CO
South of and adjacent to County Road 32 and east of and adjacent to County Road 3
Size of Parcel: +I- 20 acres Parcel No. 1207-20-0-00-052
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 23-2-260
of the Weld County Code.
2. It is the opinion of the Department of Planning Services' staff that the applicant has shown
compliance with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
Section 22-2-20 - A.Goal 1 states, "Respect and encourage the continuation of
agricultural land uses and agricultural operations for purposes which enhance the
economic health and sustainability of agriculture."
The parcel on which the Kennel facility is proposed to be located is approximately 20
acres in size. The Kennel is a service industry for the boarding of dogs during the day
and over -night. The dogs will be kept inside in a climate controlled building between 7:00
p.m. and 7:00 a.m.
Section 22-2-100.A - C.Goal.1 states "Promote the location of commercial uses within
municipalities, County Urban Growth Boundary areas, Intergovernmental Agreement
urban growth areas, growth management areas as defined in municipal comprehensive
plans, the Regional Urbanization Areas, Urban Development Nodes or where adequate
services are currently available or reasonably obtainable."
USR13-OO24. Page 2 of 10
Section 22-2-20.G.7 - A.Policy 7.2 states, "Conversion of agricultural land to nonurban
residential, commercial, and industrial uses should be accommodated when the subject
site is in an area that can support such development, and should attempt to be
compatible with the region."
The property has a will -serve letter from the Longs Peak Water District and a proposed
ISDS system to handle the effluent flows. The application materials state that the kennel
will board 75 dogs and will have a Doggie Day Care for an additional 25 dogs for a
maximum of 100 dogs at any one time. In addition to the boarding of dogs, the
application materials state that there will be a veterinary clinic, dog grooming, and retail
sales of dog food, supplies, and toys. The applicant submitted a Screening/Landscape
Plan that shows screening around the outside -daytime play area. The Department of
Planning Services is also requesting a Lighting Plan. The noise levels on the site are
required to meet the standards of the Weld County Department of Environmental Health.
There is also a Development Standard that the dogs are kept indoors between 7:00 p.m.
and 7:00 a.m.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A
(Agricultural) Zone District. Section 23-3-40.H and 23-3-40.S of the Weld County Code
allow for A Site Specific Development Plan and Use by Special Review Permit for a
Kennel (75 Dog Boarding Kennel and 25 Doggie Day Care for a Maximum of 100 Dogs)
and Any Use Permitted as a Use by Right, an Accessory Use, or a Use by Special
Review in the Commercial or Industrial Zone Districts, (Veterinary Clinic, Dog Grooming,
and Retail Sales of Dog Food, Supplies, and Toys), provided that the property is not a lot
in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to
adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses.
The site is located approximately one -quarter mile west of the Town of Mead's corporate
limits and outside their Urban Growth Boundary (as defined by the County). The
adjacent properties are a mix of agricultural uses and rural residences. The nearest
residence is located approximately 200 feet south of the southern property line. The
surrounding USRs include USR-1421 approximately one -quarter mile to the south for a
second -single family dwelling and USR-686 approximately one-half mile to the east for
livestock confinement of 900 head of cattle.
Five (5) surrounding property owners received notice of this USR due to their property
being within 500 feet of the site and the Weld County Department of Planning Services
received twelve (12) letters of opposition. These letters outline concerns about traffic,
noise, odors, compatibility, and decreasing property values. On Wednesday, June 12,
2013 the applicant held a neighborhood meeting.
The applicant submitted a Screening/Landscape Plan that shows screening around the
outside -daytime play area. The Department of Planning Services is requesting a Lighting
Plan and that the dogs be kept indoors at night. The noise levels on the site are required
to meet the standards of the Weld County Department of Environmental Health. These
requirements along with the other Development Standards and the Conditions of
Approval will assist in mitigating the impacts of the facility on the adjacent properties and
ensure compatibility with surrounding land uses.
D. Section 23-2-220.A.4 -- The uses which will 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 Chapter 22 of the Weld County Code and any other
applicable code provisions or ordinances in effect, or the adopted Master Plans of
affected municipalities.
USR13-OO24. Page 3 of 10
The site is located within the three mile referral areas of the Town of Mead and the City of
Longmont. The Town of Mead in their referral comments, dated June 7, 2013, stated
that, "This property is designated A -Agriculture in the Mead Future Land Use Plan.
Mead's Agriculture district permits "animal care/boarding/sales, indoor" as a permitted
use. Outdoor sales/boarding is not a permitted use. Due to the proximity of residential
uses, all care/boarding/sales should occur in an indoor facility." The City of Longmont did
not respond to the referral request.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Article V, of the Weld
County Code. The existing site is within the County -Wide Road Impact Fee Area and the
Capital Expansion Impact Fee area.
Building Permits issued on the lot will be required to adhere to the fee structure of the
County -Wide Road Impact Fee Program.
Building Permits issued on the proposed lot will be required to adhere to the fee structure
of the County Facility Fee and Drainage Impact Fee Program.
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve
prime agricultural land in the locational decision for the proposed use.
The proposed facility is located on Prime (Irrigated) per the 1979 Soil Conservation
Service Important Farmlands of Weld County Map. The proposed USR will take
approximately 20 acres of Prime (Irrigated) Farmland out of production.
G. Section 23-2-220.A.7 -- There is adequate provisions for the protection of the health,
safety, and welfare of the inhabitants of the neighborhood and County.
The Design Standards (Section 23-2-240, Weld County Code), Operation Standards
(Section 23-2-250, Weld County Code), Conditions of Approval and Development
Standards can 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. Prior to recording the plat:
A. The applicant shall either submit a copy of an agreement with the property's mineral
owner/operators stipulating that the oil and gas activities have been adequately incorporated
into the design of the site or show evidence that an adequate attempt has been made to
mitigate the concerns of the mineral owner/operators. (Department of Planning Services)
B. The applicant shall address the requirements (concerns) of the Mountain View Fire
Protection District, as stated in the referral response dated May 15, 2013. Written evidence
of such shall be submitted to the Weld County Department of Planning Services.
(Department of Planning Services)
C. The applicant shall address the requirements (concerns) of the Longmont Soils
Conservation District, as stated in the referral response dated May 14, 2013. Written
evidence of such shall be submitted to the Weld County Department of Planning Services.
(Department of Planning Services)
D. The applicant shall submit a Lighting Plan to the Department of Planning Services, for review
and approval. Any lighting poles and lamps shall comply with Section 23-3-360.F. which
states, in part, that, "any lighting shall be designed, located, and operated in such a manner
USR13-0024. Page 4 of 10
as to meet the following standards: sources of light shall be shielded so that beams or rays
of light will not shine directly onto adjacent properties." (Department of Planning Services)
E. In accordance with Chapter 23, Article IV, Division 2 the applicant shall submit a Sign Plan to
the Department of Planning Services for review and approval, if signage is desired. The
quantity, size and location of the signs shall comply with Appendix 23-C and Appendix 23-D.
(Department of Planning Services)
F. The applicant shall submit an updated Parking Plan to the Department of Planning Services
for review and approval. This updated parking plan shall show the dimensions of the drives
and the parking stalls including the ADA parking stalls. The applicant shall comply with
Appendix 23-B of the Weld County Code and the Section 208 of the 2010 Americans with
Disability Act and provide an adequate number of parking stalls. Two (2) parking stalls are
required for the residence and twenty (20) parking stalls are required for the kennel/vet
business. Two (2) of the 22 required parking stalls shall meet the requirements of ADA.
Further, the applicant shall delineate curb stops for the parking spaces shown on the Use by
Special Review plat. (Department of Planning Services)
G. The applicant shall resubmit a dust abatement plan that includes, "watering as necessary",
to Environmental Health Services, Weld County Department of Public Health & Environment.
(Department of Public Health & Environment)
H. The applicant shall provide written documentation that a license under the Pet Animal Care
Facilities Act (PACFA) has been issued. The documentation shall be submitted to
Environmental Health Services, Weld County Department of Public Health and Environment.
(Department of Public Health & Environment)
I. The applicant shall resubmit a Waste Handling Plan, to Environmental Health Services,
Weld County Department of Public Health & Environment. The plan shall incorporate at a
minimum, how chemicals, drugs and animal carcasses from the veterinarian office will be
disposed of. The name, address, and phone number of the waste handler and facility where
disposal will occur shall be included. (Department of Public Health & Environment)
J. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR13-0024. (Department of Planning Services)
2) The attached Development Standards. (Department of Planning Services)
3) The plat shall be prepared per Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
4) The applicant shall delineate the trash collection areas. Section 23-3-350.H of the
Weld County Code addresses the issue of trash collection areas. Areas used for
storage or trash collection shall be screened from adjacent properties and public
rights -of -way. These areas shall be designed and used in a manner that will prevent
trash from being scattered by wind or animals. (Department of Planning Services)
5) The approved Parking Plan. (Department of Planning Services)
6) The approved Landscape/Screening Plan, as submitted by the applicant. (Department
of Planning Services)
7) The approved Signage Plan. (Department of Planning Services)
8) The approved Lighting Plan. (Department of Planning Services)
USR13-OO24. Page 5 of 10
9) County Roads 3 and 32 are designated on the Weld County Road Classification Plan
as local roadways, which require 60 feet of right-of-way at full build out. The applicant
shall verify the existing 60 feet of right-of-way and the documents creating the rights -
of -way and this information shall be noted on the plat. All setbacks shall be measured
from the edge of future rights -of -way. If the existing rights -of -way cannot be verified,
they shall be dedicated. These roads are maintained by Weld County. (Department of
Public Works)
10) Show the approved accesses on the Plat and label with the approved access permit
numbers (will be provided). (Department of Public Works)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit three (3) paper
copies or one (1) electronic copy (.pdf) of the plat for preliminary approval to the Weld County
Department of Planning Services. Upon approval of the plat the applicant shall submit a Mylar
plat along with all other documentation required as Conditions of Approval. The Mylar plat shall
be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning
Services. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D
of the Weld County Code. The Mylar plat and additional requirements shall be submitted within
one hundred twenty (120) days from the date of the Board of County Commissioners Resolution.
The applicant shall be responsible for paying the recording fee. (Department of Planning
Services)
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the
plat not be recorded within the required one hundred twenty (120) days from the date of the
Board of County Commissioners Resolution, a $50.00 recording continuance charge shall added
for each additional three (3) month period. (Department of Planning Services)
4. The Department of Planning Services respectfully requests a digital copy of this Use by Special
Review, as appropriate. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation);
acceptable GIS formats are ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB). The
preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be
sent to maps(r≥co.weld.co.us. (Department of Planning Services)
5. Prior to construction:
a. If more than 1 acre is to be disturbed, a Weld County grading permit will be required prior to
the start of construction. (Department of Public Works)
b. A building permit may be required for any new construction, alteration, or addition to any
buildings or structures on the property, per Section 29-3-10 of the Weld County Code. A
building permit application must be completed and two complete sets of engineered plans
including engineered foundation plans bearing the wet stamp of a Colorado registered
architect or engineer must be submitted. A geotechnical engineering report performed by a
registered State of Colorado engineer shall be required or a open hole inspection.
(Department of Building Inspection)
6. Prior to the issuance of the Certificate of Occupancy for the kennel facility:
a. An individual sewage disposal system is required for the proposed facility and shall be
installed according to the Weld County Individual Sewage Disposal Regulations. The septic
system is required to be designed by a Colorado Registered Professional Engineer according
to the Weld County Individual Sewage Disposal Regulations. (Department of Public Health &
Environment)
7. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be
issued on the property, until the Use by Special Review plat is ready to be recorded in the office
of the Weld County Clerk and Recorder. (Department of Planning Services)
USR13-OO24. Page 6 of 10
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Jeff Childs
USR13-0024
1. A Site Specific Development Plan and Use by Special Review Permit USR13-0024 is for a
Kennel (75 Dog Boarding Kennel and 25 Doggie Day Care for a Maximum of 100 Dogs) and Any
Use Permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the
Commercial or Industrial Zone Districts, (Veterinary Clinic, Dog Grooming, and Retail Sales of
Dog Food, Supplies, and Toys), provided that the property is not a lot in an approved or recorded
subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling
subdivisions in the A (Agricultural) Zone District (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. The hours of operations shall be Monday thru Friday 6:30 a.m. to 6:30 p.m., Saturday 8:00 a.m.
to 12:00 p.m. (noon) and Sunday by appointment only between the hours of 12:00 p.m. (noon)
and 2:00 p.m., as stated in the application materials. (Department of Planning Services)
4. The number of on -site employees shall be limited to six (6) full-time employee, as stated in the
application materials. (Department of Planning Services)
5. Dogs shall be kept indoors between 7:00 p.m. and 7:00 a.m. (Department of Planning Services)
6. Maximum of seventy-five (75) dogs in the kennel with an additional twenty-five (25) dogs in the
doggie day care. Dogs over the age of six (6) months are counted towards the maximum
numbers described above in accordance with Section 23-1-90 of the Weld County Code.
(Department of Planning Services)
7. All signs shall be in compliance with the Weld County Code. (Department of Planning Services)
8. The landscaping, screening, and sign(s) on site shall be maintained in accordance with the
approved Landscape/Screening/Sign Plans. (Department of Planning Services)
9. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the
property or become established as a result of the proposed development, the
applicant/landowner shall be responsible for controlling the noxious weeds. (Department of
Public Works)
10. The historical flow patterns and run-off amounts will be maintained on site in such a manner that
it will reasonably preserve the natural character of the area and prevent property damage of the
type generally attributed to run-off rate and velocity increases, diversions, concentration and/or
unplanned ponding of storm run-off. (Department of Public Works)
11. Weld County is not responsible for the maintenance of onsite drainage related features.
(Department of Public Works)
12. Animal and feed 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 weekly from the facility and disposed of by a commercial hauler. (Department of Public
Health & Environment)
13. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health &
Environment)
USR13-OO24. Page 7 of 10
14. No permanent disposal of wastes shall be permitted at this site. This is not meant to include
those wastes specifically excluded from the definition of a solid waste in the Solid Wastes
Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public
Health & Environment)
15. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The
applicant shall operate in accordance with the approved Waste Handling Plan, at all times.
(Department of Public Health & Environment)
16. The applicant shall comply with the Colorado Department of Agriculture (CDA), Division of Animal
Industry. (Department of Public Health & Environment)
17. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall
be operated in accordance with the approved Dust Abatement Plan, at all times. (Department of
Public Health & Environment)
18. This facility shall adhere to the maximum permissible noise levels allowed in the Non -specified
Zone as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health &
Environment)
19. Adequate drinking, handwashing and toilet facilities shall be provided for employees and clients
of the facility, at all times. (Department of Public Health & Environment)
20. Sewage disposal for the facility shall be by septic system. Any septic system located on the
property must comply with all provisions of the Weld County Code, pertaining to Individual
Sewage Disposal Systems. (Department of Public Health & Environment)
21. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. The
facility shall utilize the existing public water supply. (Longs Peak Water District)
22. All potentially hazardous chemicals must be handled in a safe manner in accordance with product
labeling and in a manner that minimizes the release of hazardous air pollutants (HAP's) and
volatile organic compounds (VOC's). All chemicals must be stored secure, on an impervious
surface, and in accordance with manufacturer's recommendations. (Department of Public Health
& Environment)
23. The operation shall comply with all applicable rules and regulations of the State and Federal
agencies and the Weld County Code. (Department of Public Health & Environment)
24. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties
where such would cause a nuisance or interfere with the use on the adjacent properties in
accordance with the plan. Neither the direct, nor reflected, light from any light source may create
a traffic hazard to operators of motor vehicles on public or private streets. No colored lights may
be used which may be confused with, or construed as, traffic control devices. (Department of
Planning Services)
25. A building permit will be required for any new construction, alteration, or addition to any buildings
or structures on the property. (Department of Building Inspection)
26. Buildings, equipment and structures shall conform to the requirements of the various codes
adopted at the time of permit application. Currently the following has been adopted by Weld
County: 2012 International Building Code; 2012 International Mechanical Code; 2012
International Plumbing Code: 2012 International Energy Code; 2006 International Fuel Gas Code;
2011 National Electrical Code; 2009 ANSI 117.1 Accessibility Code the 2012 International
Plumbing Code. 2012 International Residential Building Code; 2006 International Energy Code
and Chapter 29 of the Weld County Code. A plan review shall be approved and a permit must be
issued prior to the start of construction. (Department of Building Inspection)
USR13-OO24. Page 8 of 10
27. Building Permits issued on the lot will be required to adhere to the fee structure of the County -
Wide Road Impact Fee Program. (Ordinance 2011-2)
28. Building Permits issued on the lot will be required to adhere to the fee structure of the County
Facility Fee and Drainage Impact Fee Programs. (Ordinance 2011-2)
29. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240 of the Weld County Code.
30. The property owner or operator shall be responsible for complying with the Operation Standards
of Section 23-2-250 of the Weld County Code.
31. Necessary personnel from the Weld County Departments of Planning Services, Public Works,
and Public Health and Environment 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 Conditions of
Approval and Development Standards stated herein and all applicable Weld County regulations.
32. The Use by 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.
33. 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.
34. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural
counties in the United States, typically ranking in the top ten counties in the country in total
market value of agricultural products sold. The rural areas of Weld County may be open and
spacious, but they are intensively used for agriculture. Persons moving into a rural area must
recognize and accept there are drawbacks, including conflicts with long-standing agricultural
practices and a lower level of services than in town. Along with the drawbacks come the
incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness,
wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without
neighboring farms, those features which attract urban dwellers to rural Weld County would quickly
be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural
activities will generate off -site impacts, including noise from tractors and equipment; slow -moving
farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor
from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes;
hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of
pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice
for agricultural producers to utilize an accumulation of agricultural machinery and supplies to
assist in their agricultural operations. A concentration of miscellaneous agricultural materials
often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-
102, C.R.S., provides that an agricultural operation shall not be found to be a public or private
nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that
are commonly or reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential
development. When moving to the County, property owners and residents must realize they
cannot take water from irrigation ditches, lakes, or other structures, unless they have an
adjudicated right to the water.
USR13-OO24. Page 9 of 10
Weld County covers a land area of approximately four thousand (4,000) square miles in size
(twice the size of the State of Delaware) with more than three thousand seven hundred (3,700)
miles of state and County roads outside of municipalities. The sheer magnitude of the area to be
served stretches available resources. Law enforcement is based on responses to complaints
more than on patrols of the County, and the distances which must be traveled may delay all
emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually
provided by volunteers who must leave their jobs and families to respond to emergencies.
County gravel roads, no matter how often they are bladed, will not provide the same kind of
surface expected from a paved road. Snow removal priorities mean that roads from subdivisions
to arterials may not be cleared for several days after a major snowstorm. Services in rural areas,
in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be
more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting.
Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps
and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs
and livestock, and open burning present real threats. Controlling children's activities is important,
not only for their safety, but also for the protection of the farmer's livelihood.
USR13-0024, Page 10 of 10
June 07, 2013
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: daungst@co.weld.co.us
PHONE: (970) 353-6100, Ext. 3524
FAX: (970) 304-6498
CHILDS JEFF
6425 SEASIDE DR
LOVELAND, CO 80538
Subject: USR13-0024 - A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A KENNEL (75 DOG BOARDING KENNEL AND 25 DOGGIE DAY CARE FOR A
MAXIMUM OF 100 DOGS) AND ANY USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY
USE, OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS,(RETAIL SALES OF DOG FOOD, SUPPLIES, AND TOYS), PROVIDED THAT THE
PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS
PARTS OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING
SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT
On parcel(s) of land described as:
PT W2N2N2NW4 SECTION 20, T3N, R68W of the 6th P.M., Weld County, Colorado.
Dear Applicant:
I have scheduled a meeting with the Weld County Planning Commission on July 2, 2013, at 1:30 p.m.
A subsequent hearing with the Board of County Commissioners will be held on July 31, 2013 at 10:00
a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O
Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to
answer any questions the Planning Commission members or Board of County Commissioners may
have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld
County Planning Department with written certification indicating the above requirement has been met.
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 and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at
wwwweldcountyplanningcases. orq
If you have any questions concerning this matter, please call.
Respectfully,
Digitally signed by Kristine Ranslem
Reason: I am the author of this document
Date: 2013.06.07 10:10:09 -06'00'
Diana Aungst
Planner
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: daungst@co.weld.co.us
PHONE: (970) 353-6100, Ext. 3524
FAX: (970) 304-6498
April 30, 2013
CHILDS JEFF
6425 SEASIDE DR
Loveland, CO 80538
Subject: USR13-0024 - A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A KENNEL (75 DOG BOARDING KENNEL AND 25 DOGGIE DAY CARE FOR A
MAXIMUM OF 100 DOGS) AND ANY USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY
USE, OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS,(RETAIL SALES OF DOG FOOD, SUPPLIES, AND TOYS), PROVIDED THAT THE
PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS
PARTS OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING
SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT
On parcel(s) of land described as:
PT W2N2N2NW4 SECTION 20, T3N, R68W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying
within three miles of the property in question or if the property under consideration 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 following Planning Commission(s) for their review and comments:
Longmont at Phone Number 303-651-8601
Mead at Phone Number 970-535-4477
Please call the listed Planning Commissions, for information regarding the date, time and place of the
meeting and the review process. It is recommended that you and/or a representative be in attendance at
each of the meetings described above in order to answer any questions that might arise with respect to
your application.
If you have any questions concerning this matter, please call.
Respectfully.
Digitally signed by Kristine Ranslem
Reason: I am the author of this document
Date: 2013.04.30 14:19:37 -06'00'
Diana Aungst
Planner
FIELD CHECK
Inspection Date: 6/21/13
Case Number: USR13-0024
Applicant: Jeff Childs
Request: A Site Specific Development Plan and Use by Special Review Permit for a
Kennel (75 Dog Boarding Kennel and 25 Doggie Day Care for a Maximum of
100 Dogs) and Any Use Permitted as a Use By Right, an Accessory Use, or
a Use by Special Review in the Commercial or Industrial Zone Districts,
(Veterinary Clinic, Dog Grooming, and Retail Sales of Dog Food, Supplies,
and Toys), provided that the property is not a lot in an approved or recorded
subdivision plat or lots parts of a map or plan filed prior to adoption of any
regulations controlling subdivisions in the A (Agricultural) Zone District
Legal Part of W2 N2 N2 NW4 of Section 20, T3N, R68W of the 6th P.M., Weld
Description: County, CO
Location: South of and adjacent to County Road 32 and east of and adjacent to County
Road 3
Size of Parcel: +/- 20 acres
Parcel No. 1207-20-0-00-052
Zoning
Land Use
N
A (Agricultural)
N
Agricultural
E
A (Agricultural)
E
Agricultural
S
A (Agricultural)
S
Rural Residential
W
A (Agricultural)
W
Agricultural
COMMENTS:
The site is currently vacant land used for growing crops (turf). The site is located on the SE
corner of County Road 3 and County Road 32 and has a lower grade than the roads and the
property to the south. There are no access points into the site. There is a utility easement that
runs north and south on the western edge of the property.
Q5
Diana A�ungst, Planner
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