HomeMy WebLinkAbout20123371.tiff X118861 -2011
' LAND USE APPLICATION
WELD BOUNTY SUMMARY SHEET
Planner: Kim Ogle
Case Number: USR12-0060 Hearing Date: November 6, 2012
Applicant: Shirley Dahl and Jana Birdwell
Site Address: 8759 County Road 55, Hudson, Colorado 80642
Request: A Site Specific Development Plan and Use by Special Review permit a 40 dog
non-profit rescue and boarding Kennel of an unspecified breed in the A
(Agricultural) Zone District.
Legal Description: Lot B of RE-4328; being part of the N2 NW4 SE4 of Section 21, T2N, R64Wof
the 6th P.M., Weld County, Colorado
Location: 1/4 mile west of County Road 55 and 1/2 mile north of County Road 18
Size of Parcel: +/- 8.9 Acres Parcel Number: 1305-21-4-00-027
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 responses from the following agencies:
Without Comments:
$ Weld County Zoning Compliance, referral dated September 7, 2012
$ Colorado Parks &Wildlife, referral dated September 9, 2012
$ Southeast Weld Fire Protection District, referral dated September 10, 2012
• Weld County Sheriff's Office, referral dated September 10, 2012
• Town of Hudson, referral dated September 18, 2012
• Town of Keenesburg, referral dated September 18, 2012
With Comments:
$ State of Colorado Division of Water Resources, referral dated September 28, 2012
$ Weld County Department of Building Inspection, referral dated September 28, 2012
$ Weld County Department of Public Health and Environment, referral dated October 1, 2012
$ Weld County Department of Public Works, referral dated October 4, 2012
The following agencies have not responded:
• Noble Energy
• School District RE-3J
• USDA APHIS Veterinary Services
• Southeast Weld Soil Conservation District
• State of Colorado, Department of Public Health and Environment
USR12-0060 DAHL-BIRDWELL
PAGE 1
1 8 6 1 -2 0 I I SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
WELD—COUNTY
u
Planner: Kim Ogle
Case Number: USR12-0060 Hearing Date: November 6, 2012
Applicant: Shirley Dahl and Jana Birdwell
Site Address: 8759 County Road 55, Hudson, Colorado 80642
Request: A Site Specific Development Plan and Use by Special Review permit a 40 dog
non-profit rescue and boarding Kennel of an unspecified breed in the A
(Agricultural) Zone District.
Legal Description: Lot B of RE-4328; being part of the N2 NW4 SE4 of Section 21, T2N, R64Wof
the 6th P.M., Weld County, Colorado
Location: 1/4 mile west of County Road 55 and 1/2 mile north of County Road 18
Size of Parcel: +/- 8.9 Acres Parcel Number: 1305-21-4-00-027
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 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 located
consists of approximately 9 acres, with existing improvements, a residence, and a
garage. The Kennel is for non-profit rescue and boarding facility for up to 40 dogs.
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." The property is served by a
commercial well and an ISDS system handles the effluent flows.
USR12-0060 DAHL-BIRDWELL
PAGE 2
Section 22-2-150D.A Goal 4 states: "Conversion of agricultural land to nonurban
residential, commercial and industrial uses will be accommodated when the subject site
is in an area that can support such development. Such development shall attempt to be
compatible with the region."
The applicant is proposing a 40 dog non-profit rescue and boarding Kennel for an
unspecified breed. The Department of Planning Services is requiring a development
standard that dogs are kept indoors during non-daylight hours.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the Agricultural
(A) Zone District. Section 23-3-40.H of the Weld County Code allows for a Site Specific
Development Plan and Use by Special Review permit for a Kennel in the 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 and proposed kennel is located
approximately 514 feet from the Whitmore residence to the west, 737 feet from the
Morgan residence to the south and 1270 feet to the McIntosh residence to the east. Staff
has received two letters in opposition to the proposed kennel; the Whitmore letter dated
September 14, 2012 cited concerns with the temperament and health of the rescued
dogs, safety of adjacent property owners and their visitors, unknown persons serving as
volunteers who access the shared access and property, and the 24 hour/day operation of
the facility. The McIntosh letter dated September 14, 2012 cited concerns with
devaluation of property values, barking of dogs at all hours day and night, dog at large
issues, dusty road conditions on County Road 55, The predominate concern raised was
for the safety of their livestock and the howling and barking of dogs,. The Department of
Planning Services is requiring a screening and a lighting plan and that dogs be kept
indoors (in addition to other development standards such as noise standards) to ensure
compatibility with existing 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. This site is located within the 3-mile referral areas of the Towns of
Hudson and Keenesburg. Both Towns in referrals dated September 18, 2012 indicated
no conflict with their interests.
E. Section 23-2-220.A.5 -- The application complies with Article V of the Weld County Code.
The proposed facility does not lie within the boundaries of any overlay district.
Effective April 25, 2011, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2011-
2)
Effective April 25, 2011, Building Permits issued on the proposed lots, will be required to
adhere to the fee structure of the County Facility Fee and Drainage Impact Fee.
(Ordinance 2011-2)
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 subject site is
classified as "Prime" as delineated on the Important Farmlands of Weld County map,
dated 1979. The proposed kennel is located on a 9 acre tract of land with existing
improvements, surrounded by parcels of similar size and with existing encumbrances.
USR12-0060 DAHL-BIRDWELL
PAGE 3
G. Section 23-2-220.A.7 — There is adequate provisions for the protection of 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.
H. Section 23-4-400 — The attached conditions of approval and development standards will
ensure that the kennel will be operated according to the supplementary kennel
requirements outlined in this Section of the Weld County Code.
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 submit a dust abatement plan, detailing on site dust control
measures, for review and approval, to the Environmental Health Services, Weld County
Department of Public Health & Environment. (Department of Public Health and
Environment)
B. In the event the applicant intends to utilize an existing septic system for the kennel and
clients, the septic system shall be reviewed by a Colorado Registered Professional
Engineer. The review shall consist of observation of the system and a technical review
describing the system's ability to handle the proposed hydraulic load. The review shall be
submitted to the Environmental Health Services Division of the Weld County Department
of Public Health and Environment. In the event the system is found to be inadequately
sized or constructed the system shall be brought into compliance with current
Regulations. (Department of Public Health and Environment)
C. Alternately to item B above, an individual sewage disposal system is required for the
kennel and clients 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 and Environment)
D. The applicant shall submit a waste handling plan, for approval, to the Environmental
Health Services Division of the Weld County Department of Public Health & Environment.
The plan shall include at a minimum, the following:
1. A list of wastes which are expected to be generated on site (this should include
expected volumes and types of waste generated).
2. A list of the type and volume of chemicals expected to be stored on site.
3. The waste handler and facility where the waste will be disposed (including the
facility name, address, and phone number). (Department of Public Health and
Environment)
E. The applicant shall provide a copy of the current license from the Pet Animal Care
Facilities Act (PACFA) to the Weld County Department of Public Health and Environment.
(Department of Public Health and Environment)
USR12-0060 DAHL-BIRDWELL
PAGE 4
F. The applicant shall submit to the Department of Planning Services with a Screening Plan
for review and approval. (Department of Planning Services)
G The applicant shall submit to the Department of Planning Services with a Lighting Plan
for review and approval. (Department of Planning Services)
H. The applicant shall address the requirements of the Department of Building Inspection as
stated in their referral dated September 28, 2012. At a minimum, the building permit shall
meet the following requirements:
1. Any structures proposed to have changes uses will require commercial building
permit for change of use. A code analysis, floor plan an complete set of plans for
any alteration and a structural analysis may be required by a professional
engineer will be required. (Department of Building Inspection)
2. 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)
3. It is required that a code analysis be done on the project by a design professional
with experience in this area. (Department of Building Inspection)
4. 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 for review.
(Department of Building Inspection)
5. 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. Buildings 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: 2006 International Building Code; 2006 International
Mechanical Code; 2006 International Plumbing Code: 2006 International Energy
Code; 2006 International Fuel Gas Code; 2011 National Electrical Code; 2003
ANSI 117.1 Accessibility Code and Chapter 29 of the Weld County Code.
(Department of Building Inspection)
If exterior lighting is proposed the applicant shall submit a lighting plan for review and
approval by the Department of Planning Services. Per the Weld County Code:
1. Sources of light, including light from high-temperature processes such as
combustion or welding, 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; and public rights-of-way. (Department of
Planning Services)
2. Neither direct nor reflected light from any light source may create a traffic hazard
to operators of motor vehicles on public or private streets and no colored lights
may be used which may be confused with or construed as traffic control devices.
(Department of Planning Services)
J. The plat shall be amended to delineate the following:
1. All sheets of the plat shall be labeled USR12-0060. (Department of Planning
Services)
USR12-0060 DAHL-BIRDWELL
PAGE 5
2. The attached Development Standards. (Department of Planning Services)
3. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
4. A detailed site plan is required following the checklist provided by the planning
department. Additional Public Works items that must be shown are: parking,
circulation, road right-of-way, easements, drainage flow arrows showing the
direction of stormwater flows across the property, water quality area.
(Department of Public Works)
5. The applicant will utilize the existing recorded access easement. Please show
and label this easement with the recording number (Reception #3340723).
(Department of Public Works)
6. Please show on the site plan where the water quality area will be located and
how the drainage from the business area reaches the water quality depression.
The water quality area must be completely on the USR property and capture
stormwater runoff from the business/kennel area so that it does not run onto
neighboring properties. (Department of Public Works)
7. County Road 55 is designated on the Weld County Road Classification Plan as a
local road, which requires 60 feet of right-of-way at full build out. There is
presently 60 feet of right-of-way. A total of 30 feet from the centerline of County
Road 55 shall be delineated right-of-way on the plat. This road is maintained by
Weld County. (Department of Public Works)
8. Show and label the Water Quality Area on the Plat. (Department of Public Works)
9. 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 public
rights-of-way and adjacent properties. These areas shall be designed and used
in a manner that will prevent wind or animal scattered trash. (Department of
Planning Services)
10. The approved Screening Plan. (Department of Planning Services)
11. The approved Lighting Plan (if applicable). (Department of Planning Services)
2. Prior to issuance of the Certificate of Occupancy:
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. (A vault is
acceptable for daily sanitation of the kennel and/or supplies) (Department of Public
Health and Environment)
3. Upon completion of 1 above the applicant shall submit three (3) paper copies of the plat for
preliminary approval to the Weld County Department of Planning Services. Upon approval of the
paper copies 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 Department of Planning Services' Staff. 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
USR12-0060 DAHL-BIRDWELL
PAGE 6
the date of the Board of County Commissioners resolution. The applicant shall be responsible for
paying the recording fee. (Department of Planning Services)
4. In accordance with Weld County Code Ordinance 2006-7 approved June 1, 2006, should the plat
not be recorded within the required one-hundred twenty (120) days from the date the Board of
County Commissioners resolution a $50.00 recording continuance charge shall added for each
additional 3 month period. (Department of Planning Services)
5. The Department of Planning Services respectively requests the surveyor provide a digital copy of
this Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation);
acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files
format type is .e00. The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable).
Thisdigitalfilemaybesenttodhuerter@co.weld.co.us. (Department of Planning Services)
6. 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)
USR12-0060 DAHL-BIRDWELL
PAGE 7
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Shirley Dahl &Jana Birdwell
USR12-0060
1. A Site Specific Development Plan and Use by Special Review permit a 40 dog non-profit rescue
and boarding Kennel of an unspecified breed in the A (Agricultural) Zone District and subject to
the Development Standards stated hereon. (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. Hours of operation for the kennel facility are 7 AM to 7 PM. (Department of Planning Services)
4. Dogs shall be kept indoors during night-time hours (7 PM to 7 AM). (Department of Planning
Services)
5. 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 at least weekly from the facility and disposed of every other week by a commercial
hauler. (Department of Public Health and Environment)
6. 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 and
Environment)
7. 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 and Environment)
8. 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.
(Department of Public Health and Environment)
9. The applicant shall operate in accordance with the approved "waste handling plan", at all times.
(Department of Public Health and Environment)
10. The applicant shall comply with the Colorado Department of Agriculture (CDA), Division of Animal
Industry. (Department of Public Health and Environment)
11. 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 and Environment)
12. 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
and Environment)
13. 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 and Environment)
USR12-0060 DAHL-BIRDWELL
PAGE 8
14. Adequate drinking, handwashing and toilet facilities shall be provided for public, employees and
volunteers of the facility, at all times. (Department of Public Health and Environment)
15. A permanent, adequate water supply shall be provided for drinking and sanitary purposes, at all
times. (Department of Public Health and Environment)
16. 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 and Environment)
17. This application is proposing a well as its source of water. Groundwater may not meet all drinking
water standards as defined by the Colorado Department of Public Health and Environment. We
strongly encourage the applicant to test their drinking water prior to consumption and periodically
test it over time. (Department of Public Health and Environment)
17. Effective April 25, 2011, Building Permits issued on the proposed lots will be required to adhere to
the fee structure of the Weld County Road Impact Program. (Ordinance 2011-2) (Department of
Planning Services)
18. Effective April 25, 2011, Building Permits issued on the proposed lots, will be required to adhere
to the fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance 2011-2)
(Department of Planning Services)
19. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
20. The property owner or operator shall be responsible for complying with the Operation Standards
of Section 23-2-250, Weld County Code.
21. 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 constructed as traffic control devices. (Department of
Planning Services)
22. The Screening on site shall be maintained in accordance with the approved Screening Plan.
(Department of Planning Services)
23. Forty (40) is the maximum number of dogs. 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)
24. 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. All vegetation, other
than grasses, needs to be maintained at a maximum height of 12 inches until the area is
completely developed. (Department of Public Works)
25. 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)
26. Weld County is not responsible for the maintenance of onsite drainage related features
(Department of Public Works)
USR12-0060 DAHL-BIRDWELL
PAGE 9
27. Personnel from the Weld County Government 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.
28. 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)
29. A building permit application must be completed and two complete sets of floor plans must be
submitted for review. A geotechnical engineering report performed by a registered State of
Colorado engineer shall be required. (Department of Building Inspection)
30. Buildings 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: 2006
International Building Code; 2006 International Mechanical Code; 2006 International Plumbing
Code: 2006 International Energy Code; 2006 International Fuel Gas Code; 2011 National
Electrical Code; 2003 ANSI 117.1 Accessibility Code and Chapter 29 of the Weld County Code.
(Department of Building Inspection)
31. The Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from the
plans or Development Standards as shown or stated shall require the approval of an amendment
of the Permit by the Weld County Board of County Commissioners before such changes from the
plans or Development Standards are permitted. Any other changes shall be filed in the office of
the Department of Planning Services.
32. 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.
33. 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.
USR12-0060 DAHL-BIRDWELL
PAGE 10
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.
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.
USR12-0060 DAHL-BIRDWELL
PAGE 11
H N DEPARTMENT OF PLANNING SERVICES
$6i 1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle@co.weld.co.us
PHONE: (970)353-6100, Ext. 3549
p - i FAX: (970)304-6498
October 19, 2012
DAHL SHIRLEY A
PO BOX 66
HUDSON, CO 80642
Subject: USR12-0060 - A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A KENNEL (40 DOG NON-PROFIT RESCUE AND BOARDING KENNEL FOR AN
UNSPECIFIED BREED) IN THE A (AGRICULTURAL)ZONE DISTRICT.
On parcel(s) of land described as:
PT N2NW4SE4 SECTION 21, T2N, R64W LOT B REC EXEMPT RE-4328 of the 6th P.M., Weld
County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on November 6, 2012, at 1:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on December 5, 2012
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
www.weldcountyplann ingcases.orq
If you have any questions concerning this matter, please call.
Respectfully,
Kim Ogle
Planner
N DEPARTMENT OF PLANNING SERVICES
i i 1555 N 17th AVE
j ' r ^ GREELEY, CO 80631
. WEBSITE:www.co.weld.co.us
�� E-MAIL: kogle@co.weld.co.us
PHONE: (970)353-6100, Ext. 3549
ti ' Y FAX: (970)304-6498
September 06, 2012
SHIRLEY DAHL
8759 COUNTY RAOD 55
KEENESBURG, CO 80643
Subject: USR12-0060 - A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A KENNEL (40 DOG NON-PROFIT RESCUE AND BOARDING KENNEL FOR AN
UNSPECIFIED BREED) IN THE A (AGRICULTURAL)ZONE DISTRICT.
On parcel(s)of land described as:
PT N2NW4SE4 SECTION 21, T2N, R64W LOT B REC EXEMPT RE-4328 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:
Keenesburg at Phone Number 303-732-4281
Hudson at Phone Number 303-536-9311
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,
Kim Ogle
Planner
FIELD CHECK Inspection Date: OCTOBER 23, 2012
CASE NUMBER: USR12-0060 HEARING DATE: NOVEMBER 6, 2012
APPLICANT: SHIRLEY DAHL AND JANA BIRDWELL
SITE ADDRESS: 8759 COUNTY ROAD 55, HUDSON,COLORADO 80642
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT A 40 DOG
NON-PROFIT RESCUE AND BOARDING KENNEL OF AN UNSPECIFIED BREED IN THE A
(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: LOT B OF RE-4328; BEING PART OF THE N2 NW4 SE4 OF SECTION 21,T2N, R64WOF THE
6TH P.M., WELD COUNTY,COLORADO
LOCATION: 1/4 MILE WEST OF COUNTY ROAD 55 AND 1/2 MILE NORTH OF COUNTY ROAD 18
Size of Parcel: +/-8.9 Acres Parcel Number: 1305-21-4-00-027
Zoning Land Use
N AGRICULTURE N AGRICULTURE FIELDS,OIL AND GAS ENCUMBRANCES AND
RESIDENTIAL STRUCTURE WITH MOBILE HOME
E AGRICULTURE E PASTURE WITH CATTLE AND SIGNLE FAMILY RESIDENCE
S AGRICULTURE S AGRICULTURE FIELDS AND RESIDENTIAL STRUCTURE
W AGRICULTURE W AGRICULTURE FIELDS AND RESIDENTIAL STRUCTURE
Comments:
PROPERTY IS SITED IN THE MIDDLE OF THE SECTION ON A SMALL ACREAGE OF APPROXIMATELY 10 ACRES. ACCESS
TO THE PROPERTY AND ONE ADDITIONAL PROPERTY ADJACENT TO THE WEST IS VIA A RECORDED EASEMENT
ACROSS LANDS OWNED BY GERKIN. THE ACCESS IS A SINGLE TRACK GRAVELLED ROAD, WELL DRAINED AND
MAINTAINED. OIL AND GAS PRODUCERS IN THE AREA ALSO UTILIZE SAME ROAD.
PROPERTY ITSELF HAS THREE OUTBUILDINGS AND A RESIDENCE. THE OUTDOOR EXCERISE YARD IS FENCED AND IS
APPROXOMATELY 100 FEET X 100 FEET IN AREA. THE AREA FOR EXPANSION FOR THE NEWER KENNEL BUILDING,
TO BE CONSTRUCTED IS EAST OF THE HOUSE AND OUTBUILDINGS ON A LEVEL AREA OF GROUND. FUTURE DOG
RUNS WILL BE ALIGNED WEST AND EAST.
THE NEAREST NEIGHBOR IS LOCATED APPROXIMATELY 514 FEET TO THE WEST(WHITMORE RESIDENCE)AND TO
THE SOUTH THE DISTANCE IS APPROXIMATELY 737 FEET(MORGAN RESIDENCE)AND TO THE EAST
APPROXIMATELY 1270 FEET( MCINTOSH RESIDENCE)
Signature
❑ House(s) ❑ Crops ❑ Other Animals On-Site
Outbuilding(s) ❑ Oil &Gas Structures ❑ Site Distance
❑ Access to Property ❑ Ditch
Note any commercial business/commercial vehicles that are operating from the site.
Hello