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Home My WebLink About20110396.tiff INVENTORY OF ITEMS FOR CONSIDERATION • Applicant James Terry Case Number rUSR-1766 Submitted or Prepared Prior to At Hearing Hearing N. 1 Staff Comments X Department of Planning Services Field Check Form X `+ Letter to Applicant X Legal Notifications X N 2 Application X Maps X Deed/Easement Certificate X Surrounding Property/Mineral Owners X Utilities X 3 Referral List X Referrals without comment X Weld County Zoning Compliance Officer, referral received 10/8/2010 Colorado Division of Wildlife referral received 11/3/2010 X Colorado Department of Transportation (CDOT), referral received 10/13/2010 • N City of Fort Lupton, referral received 10/12/2010 ‘Ni Town of Frederick, referral received 10/19/2010 NJ 4 Referrals with comments X Weld County Department of Public Health and Environment referral received X 11/4/2010 Department of Public Works referral, received 11/16/2010 (2 pages) X Weld County Department of Building Inspection referral, received 10/22/2010 X Fort Lupton Fire Protection District referral received 11/3/2010(2 pages) X Colorado Division of Water Resources referral received 10/19/2010 X 5 Surrounding Property Owners/Mineral Owners - Letters N �A NI 6 PC Exhibits 6A Mineral Notice Affadavit X 6B Sign Posting Affadavit OS/ Ll,Cr,,,"h,,„(o jai) X 7 W n I hereby certify that the 16 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commissioners hearing. , ala�• __ _ Chris Gathman Planner lj 2011-0396 • #6t Wi�P�•COLORADO LAND USE APPLICATION SUMMARY SHEET Case Number: USR-1766 Hearing Date: January 4, 2011 Applicant: James Terry Address: 10711 Highway 52, Fort Lupton, CO. 80621 Request: A Site Specific Development Plan and a Special Review Permit for a kennel (for up to 99 dogs of a non-specified breed) in the A (Agricultural) Zone District. Legal Description: Lot A of AMRE-2765; located in the W2NE4 of Section 2, Township 1 North, Range 67 West of the 6th P.M., Weld County, Colorado Location: North of and adjacent to State Highway 52 and approximately 1/4 mile west of County Road 23 • Size of Parcel: +/- 13.25 acres 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 with comments from the following agencies: • Weld County Department of Public Health and Environment, referral received 11/4/2010 • Weld County Department of Public Works, referral received 11/16/2010 ▪ Weld County Department of Building Inspection, referral received 10/22/2010 • Fort Lupton Fire Protection District, referral received 11/3/2010 • Division of Water Resources, referral received 10/19/2010 The Department of Planning Services' staff has received responses without comments from the following agencies: • Weld County Zoning Compliance, referral received 10/8/2010 • Colorado Division of Wildlife, referral received 11/8/2010 • Colorado Department of Transportation, referral received 10/13/2010 • City of Fort Lupton, referral received 10/12/2010 • Town of Frederick, 10/19/2010 The Department of Planning Services' staff has not received responses from the following agencies: • g EXHIBIT James Terry—USR 1766—Kennel Page 1 � �— W (A52 —Moto • Platte Valley Soil Conservation District USDA-APHIS Vet Service Department of Agriculture— Division of Animal Industry (PACFA) Weld County Sheriff's Office Brantner Ditch Company Evans#2 Ditch Company • • James Terry—USR 1766—Kennel Page 2 • ‘tettir W `D 0 • SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW COLORADO Planner: Chris Gathman Case Number: USR-1766 Hearing Date: January 4, 2011 Applicant: James Terry Address: 10711 Highway 52, Fort Lupton, CO. 80621 Request: A Site Specific Development Plan and a Special Review Permit for a kennel (for up to 99 dogs of a non-specified breed) in the A (Agricultural) Zone District. Legal Description: Lot A of AMRE-2765; located in the W2NE4 of Section 2, Township 1 North, Range 67 West of the 6th P.M., Weld County, Colorado Location: North of and adjacent to State Highway 52 and approximately 1/4 mile west of • County Road 23 Parcel Size: +/- 13.25 acres Parcel Number: 146902000078 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.G.2. A.Policy 7.2.of the Weld County Code 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 proposed kennel is located immediately to the south of an existing construction office and shop (Nelson Pipeline— USR-1375). The proposed facility will share the existing access off of State Highway 52 with the construction office and shop. Additionally, the kennel building will be located on a developed portion of the property. • James Terry—USR 1766—Kennel Page 3 • Section 22-2-20 I. A.Goal 9 states"Reduce potential conflicts between varying land uses in the conversion of traditional agricultural lands to other land uses." Conditions of approval and development standards are attached to address potential conflicts with surrounding land uses. The Department of Planning Services is recommending that any dogs be kept indoors during evening hours. 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.K of the Weld County Code provides for Kennels (for up to 99 dogs of a non-specified breed) as a Use by Special Review 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 proposed kennel is located immediately to the south of an existing construction office and shop (Nelson Pipeline— USR-1375). Residences are located approximately 1,000 feet and 1,300 feet to the west and east of the proposed kennel facility. Two letters have been submitted with the application from the nearest residence to the west and Nelson Pipeline to the north of the proposed facility indicated no conflict with their interests. The property shares an existing access off of State Highway 52 with Nelson Pipeline Contractors to the north. The property is well screened from State Highway 52 and to the east by existing mature trees. Conditions of approval and development standards (limiting hours of operation to daylight hours, visits by • appointment only...) are attached to address potential conflicts 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. The site is located within the 3-mile referral areas for the City of Fort Lupton and the Town of Frederick. The site is not located within the Coordinated Planning Agreement (IGA) boundaries for either Fort Lupton or Frederick. Both Fort Lupton and Frederick returned referral responses indicating no conflict with their interests. E. Section 23-2-220.A.5--The site is not located within the floodplain or any overlay districts. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) 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. • James Terry—USR 1766—Kennel Page 4 • The subject site is designated as "Prime (Irrigated)" by the 1979 USDA Soil Conservation Services map. The proposed kennel facility is located on a parcel that is 13.25 acres in size and the building is adjacent to an existing developed area of the site. No agricultural land will be taken out of production. G. Section 23-2-220.A.7 --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 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 USR is to correct a zoning violation (ZCV-10-00037) for operating a kennel without first obtaining the necessary Weld County Zoning Permits. Should this application be approved, the violation will be dismissed. If denied, the number of dogs shall be reduced to not exceed 4 (four) at any given time and all commercial activities shall be removed from the property within thirty (30) days or the violation case will proceed accordingly through the Court process. 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. All plat sheets shall be labeled USR-1766. (Department of Planning Services) B. The plat shall be amended to delineate the following: 1. The attached Development Standards. (Department of Planning Services) 2. Prepare plat in accordance with Section 23-2-260.D. (Department of Planning Services) 3. The dimensions of parking spaces shall be indicated on the plat. Parking shall meet the design requirements for off-street parking outlined in Appendix 23-A of the Weld County Code. (Department of Planning Services) 4. Show the water quality area on the USR plat and label it as"Water Quality, No Build or Storage Area". (Department of Public Works) 5. The trash collection area. (Department of Planning Services) 6. Add the following note to the plat: "Weld County is not responsible for the maintenance of drainage related structures". (Department of Public Works) C. The applicant shall submit a dust abatement plan that includes, "watering as necessary", to Environmental Health Services, Weld County Department of Public Health & Environment. Evidence of Department of Public Health and Environment approval shall • James Terry—USR 1766—Kennel Page 5 • be provided to the Department of Planning Services. (Department of Public Health and Environment) D. The applicant shall provide written documentation that a license under the Pet Animal Care Facilities Act(PACFA) been issued. The documentation shall be submitted to Environmental Health Services, Weld County Department of Public Health and Environment and to the Department of Planning Services. (Department of Public Health & Environment) E. The applicant shall attempt to address the requirements of the Fort Lupton Fire Protection District as stated in their referral received November 3, 2010. Written evidence of such shall be provided to the Department of Planning Services. (Fort Lupton Fire Protection District) F. The applicant shall address the requirements of the Department of Building Inspection as stated in their referral dated August 31, 2010. The applicant shall provide written evidence from the Department of Building Inspection to the Department of Planning Services that the required building permits have been applied for. (Department of Planning Services) G. The nearest north-south County Road shall be indicated on the vicinity map. (Department of Planning Services) H. The applicant shall submit three (3) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. (Department of Planning Services) • 2. Upon completion of 1. above 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 sixty (60) 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. Prior to Construction: A. Building permits shall be obtained prior to starting construction. A plan review is required for each building or structure for which a building permit is required. Two complete sets of plans are required when applying for each permit. Include a Code Analysis Data sheet for the Weld County Building Department for each structure that requires a permit. Submittal plans shall include a floor plan showing the specific uses of each area for the building. Plans shall bear the wet stamp of a Colorado licensed Architect or Engineer. (Department of Building Inspection) B. Buildings 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; 2008 National Electrical Code; 2006 International Mechanical Code; 2006 International Plumbing Code; 2006 International Energy Code; 2006 International Fuel Gas Code; 2003 ANSI 117.1 Accessibility Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) • James Terry—USR 1766—Kennel Page 6 • 3. 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). This digital file may be sent to maps(&co.weld.co.us. (Department of Planning Services) 4. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. (Department of Planning Services) • • James Terry—USR 1766—Kennel Page 7 • SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS James Terry USR-1766 1. The Site Specific Development Plan and Special Use Permit is for a kennel (for up to 99 dogs of a non-specified 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. The facility shall be operated by the owner(s) of the property. No outside employees. (Department of Planning Services) 4. Dogs shall be kept indoors from dusk to dawn. (Department of Planning Services) 5. Ninety-Nine (99) is the maximum number of adult dogs allowed on the site at any one time. Dogs over the age of six (6) months are counted in the maximum number of adult dogs in accordance with Section 23-1-90 of the Weld County Code. (Department of Planning Services) 6. Customer visits to the site are by appointment only. (Department of Planning Services) • 7. 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 by a commercial hauler. (Department of Public Health and Environment) 8. 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) 9. 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) 10. 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) 11. The applicant shall operate in accordance with the approved "waste handling plan", at all times. (Department of Public Health and Environment) 12. The applicant shall comply with the Colorado Department of Agriculture (CDA), Division of Animal Industry, if applicable. (Department of Public Health and Environment) 13. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall • James Terry—USR 1766—Kennel Page 8 • be operated in accordance with the approved dust abatement plan at all times. (Department of Public Health and Environment) 14. 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) 15. Adequate drinking, handwashing and toilet facilities shall be provided for employees, visitors and clients of the facility, at all times. (Department of Public Health and Environment) 16. Sewage disposal for the facility shall be by septic system. In the event the applicant intends to utilize the septic system at the existing home for clients, employees and/or kennel sanitation needs, the septic system shall be reviewed by a Colorado Registered Professional Engineer if the usage exceeds 4 people and/or wastewater from the kennel flows into the septic system. If the system is found to be inadequately sized or constructed the system shall be brought into compliance with current regulations. 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) 17. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. The facility shall utilize the existing private water supply (Well Permit No. 74441-F). (Department of Public Health and Environment) 18. The historical flow patterns and runoff 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) 19. The applicant must take into consideration storm water capture/quantity and provide accordingly for best management practices. (Department of Public Works) 20. The gravel driveway portion of the access and the parking shall be graded and drained to provide an all-weather access to the facility. (Department of Public Works) 21 Building permits shall be obtained prior to starting construction. A plan review is required for each building or structure for which a building permit is required. Two complete sets of plans are required when applying for each permit. Include a Code Analysis Data sheet for the Weld County Building Department for each structure that requires a permit. Submittal plans shall include a floor plan showing the specific uses of each area for the building. Plans shall bear the wet stamp of a Colorado licensed Architect or Engineer. (Department of Building Inspection) 22. Buildings 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; 2008 National Electrical Code; 2006 International Mechanical Code; 2006 International Plumbing Code; 2006 International Energy Code; 2006 International Fuel Gas Code; 2003 ANSI 117.1 Accessibility Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) 23. 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) • James Terry—USR 1766—Kennel Page 9 • 24. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) 25. Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) 26. Proper building permits shall be obtained prior to construction of any new structure and/or change of use of any existing building or structure. (Department of Building Inspection) 27. Provide letter of approval from the Fort Lupton Fire Protection District prior to construction of any structure and/or change of use of any existing building or structure. (Department of Building Inspection) 28. 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) 29. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 30. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 31. Personnel from the Weld County Departments of Public Health and Environment, Planning Services and Public Works 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. 32. 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. 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. • James Terry—USR 1766—Kennel Page 10 • DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE �c GR CO80631 PHONE: (970)353-61003-6100, Ex t. 3540 FAX: (970) 304-6498 COLORADO December 6,2010 James Terry 10711 State Hwy 52 Ft. Lupton CO 80621 Subject: USR-1766- A Site Specific Development Plan and Use by Special Review Permit for a Kennel (up to 99 dogs of a non-specified breed) in the A (Agricultural) Zone District on a parcel of land described as Lot A AmRE- 2765; located in the W2NE4 of Section 2,TIN, R67W of the 6th P.M.,Weld County, Colorado. Dear Applicant: • I have scheduled a meeting with the Weld County Planning Commission on January 4, 2011, at 1:30 p.m. This meeting will take place in the Hearing Room,Weld County Planning Department,918 10th Street, Greeley, Colorado. A subsequent hearing will be held on February 9, 2011 at 10:00 a.m., in the Chambers of the Board of County Commissioners, Weld County Centennial Center, 915 10th Street, First Floor, 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 http://www.co.weld.co.us/Departments/Plan ningZon inq/Planni no DepartmenUindex.html If you have any questions concerning this matter, please call. Respectfully, Digitally signed by Kristine Ranslem Reason: am the author of this document Location:1555 N 17th Ave Date:2010.12.0610:02:46-O7'00' Chris Gathman Planner • a . PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS 12/25/2010 THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, Chris Gathman, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST 10 DAYS BEFORE THE PLANNING COMMISSIONERS HEARING FOR USR-1766 IN THE A (AGRICULTURAL) ZONE DISTRICT. Chris Gathman Name of Person Posting Sign Signature of Person Posting Sign STATE OF COLORADO ss. COUNTY OF WELD ) tifr The foregoing instrument was subscribed and sworn to me this day an ba- 1 Vd011. WITNESS my hand and official seal. k(jUIV� IE J. MOORS Notary Public BILL NOTARY PUBLIC STATE OF COLORADO My Commission Expires: Ida2ilij EXHIBIT U5_ - BOARD OF COUNTY COMMISSIONERS' SIGN POSTING . CERTIFICATE THE LAST DAY TO POST THE SIGN IS January 31, 2011 THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, Chris Gathman, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST 10 DAYS BEFORE THE BOARD OF COMMISSIONERS HEARING FOR USR-1766 IN THE AGRICULTURAL ZONE DISTRICT. Chris Gathman Name of Person Posting Sign IP Cif tA:n Signature of Person Posting Sign STATE OF COLORADO ) ss. COUNTY OF WELD The foregoing instrument was subscribed and sworn to me this day of , 2011. WITNESS my hand and official seal. Notary Public My Commission Expires: • • - 1 Mme _ Z'f * •J...10: 1. ; si- 1 •• ' • : , ' 't 4` `•1 ` . ' • fir} \ J • • `�i`fH�1 d - / 6�((;, T� .� .' p. I r y 11 • tom t1 _1 ' ` t4fr: -r j� /� . 1 a+' r j a +y°,�.r, •'tT `' .�•r,�.l f ( �f •.f • ' •Y+. - ��' l' ti 79. .�` �P- `--f' y �i`T�'\• 1`•. 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LEGAL DESCRIPTION: Lot A AmRE-2765; located in the W2NE4 of Section 2, Ti N, R67W of the 6th P.M.,Weld County, Colorado. LOCATION: North of and adjacent to State Hwy 52 and approximately 1/4 mile west of CR 23. LAND USE: 99 �qq A3 /fit. %2 (FL- Uv 1 V t / 1 (Le/ W • ZONING: N A(Agricultural) E A(Agricultural) S A(Agricultural) W A(Agricultural) COMMENTS: / (, CU? I 41„, 1 t / IL ew Zig 16; f 01/1/8 � / L/L bier// • • FIELD CHECK inspection dates: 12/16/2010 APPLICANT: James Terry CASE #: USR-1766 REQUEST: A Site Specific Development Plan and a Special Review Permit for a kennel (for up to 99 dogs of a non-specified breed) in the A(Agricultural) Zone District LEGAL: Lot A of AMRE-2765; located in the W2NE4 of Section 2, Township 1 North, Range 67 West of the 6th P.M., Weld County, Colorado LOCATION: North of and adjacent to State Highway 52 and approximately % mile west of County Road 23 PARCEL ID #: 146902000078 ACRES: +/- 13.25 acres Zoning Land Use N A N Construction Office & Shop (USR-1375— Nelson Pipeline) E A E Agricultural Land S A S Agricultural land W A W Agricultural land • COMMENTS: There is an existing residence and outbuildings on the site. Site is well screened by existing trees. Access off of State Highway 52 is shared with the construction and shop to the north of the site. So AIL, Chris Gathman - Planner Ill • Kristine Ranslem om: Kristine Ranslem nt: Friday, October 08, 2010 1:10 PM o: 'Robert Grand' Subject: USR-1766 Field Inspection Attachments: usr1766.docx We have just received a case (USR-1766) in which we ask that you submit the attached field inspection sheet to us by November 4, 2010. You may view the case material at: http://www.co.weld.co.us/Departments/PlanningZoninq/PlannincDepartment/index.html#1766 If you have any questions, please let me know. Thank you! KrLstLvie rzcfAsLevw Planning Technician Weld County Planning Services 1555 N 17th Ave, Greeley CO 80631 970-353-6100 ext. 3519 • • DEPARTMENT OF PLANNING SERVICES • (1" 15E N 1 GREELEY, CO 80631631 PHONE: (970) 353-6100, Ext. 3540 ' FAX: (970) 304-6498 COLORADO October 6, 2010 James Grant Terry 10711 State Hwy 52 Ft. Lupton CO 80621 Subject: USR-1766 - Request for a Site Specific Development Plan and Use by Special Review Permit for a Kennel (up to 99 dogs of a non-specified breed) in the A (Agricultural) Zone District on a parcel of land described as Lot A AmRE-2765; located in the W2NE4 of Section 2, T1N, R67W of the 6th P.M., Weld County, Colorado. Dear Applicant: Your application and related materials for the request described above are being processed. I will schedule a meeting with you to discuss the referrals after we have received them. • Once the concerns and requirements of the referral agencies have been met or the applicant has shown an attempt to meet their concerns and requirements, a Planning Commission Hearing will be scheduled. It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property or if the property is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Ft. Lupton and Frederick Planning Commission for their review and comments. Please call Ft. Lupton at 303-857-6694 and Frederick at 720-382-5500 for further details regarding the date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the Ft. Lupton and Frederick Planning Commission meeting to answer any questions the Commission members may have with respect to your application. If you have any questions concerning this application, please call. Respectfully, Digitally signed by Kristine Ranslem Reason: am the author of this document Loce:i1 555 N 17th Aye Date:2010.10.06 10:10:09-06'00' Chris Gathman Planner • Kennel USR application Page 1 of 1 From: Chris Gathman<cgathman@co.weld.co.us> • To: sabrequeenl@aol.com<sabrequeen1@aol.com> Subject: Kennel USR application Date: Mon, Oct 4, 2010 6:10 pm Dear Sharol, I have gone ahead and set up your application. The application fee was dropped off on 8/31 (we simply held it until the application was determined complete before depositing) . I will be your planner on this case. For your information I will be out of the office beginning on Wednesday, October 6th until October 28th. Referrals are not due for 28 days - so I will be in touch re: referral responses that have been received when I return to the office. Let me know if you have any questions. Sincerely, Chris Gathman Planner III Weld County Department of Planning Services 1555 N. 17th Avenue, Greeley CO. 80631 Ph: (970)353-6100 ext. 3537 Fax: (970)304-6498 • • http://mail.aol.com/32761-111/aol-1/en-us/mail/PrintMessage.aspx 10/4/2010 1 (� WELD COUNTY 1f / 0 - Cy COMPLETENESS REVIEW REVIEW DATE: September 9, 2010 TYPE OF APPLICATION: Use by Special Review Permit for a Kennel LEGAL DESCRIPTION: Lot A AMRE-2765; Part W2NE4 2-1-67 COMPANY NAME/REPRESENTATIVE/OWNER: James Terry PARCEL NUMBER: 146902000078 SECTION - TOWNSHIP - RANGE: 2-1-67 PLEASE NOTE: The following completeness review notes are provided as a courtesy to the applicant. While we strive to identify significant issues, the following notes may not identify all issues, even major ones that may be raised during the formal review of your application. The information contained herein has been placed on file with the Department of Planning Services. Please submit a copy of this form when you submit a formal Land Use Application. If you have any questions regarding the process and/or • application please call Chris Gathman at 970-353-6100 extension 3537, or email at cgathman@co.weld.co.us REVIEW: After the completeness review process, please submit your formal Land Use Application to the Department of Planning Services. Be sure all items on the submittal checklist are submitted in addition to the items outlined in the pre-application meeting and completeness review. An incomplete Land Use Application submittal will not be accepted. Staff requires that the applicant submit the planning and public works information requested below REVIEW STAFF: Planning: Chris Gathman: coathman(a�co.weld.co.us 970-353-6100 ext. 3537 Public Works: Heidi Hansen hhansenco.weld.co.us 970-304-6496 ext. 3750 Health: Lauren Light Ilight(a�co.weld.co.us 970 304-6415 ext 2702 Building: Ken Swanson kswansonco.weld.co.us 970 356 6100 ext. 3548 ' Weld County Department of Planning Services Greeley Office 918 10t 1 Street, Greeley CO 80631 Phone: 970-353-6100 x3540 Fax: 970-304-6498 - WELD COUNTY • PLANNING COMMENTS Submit the following to complete the USR application: 1) Label nearest north-south County Roads on the plat vicinity map. 2) Pay the $2,500.00 application fee. PUBLIC WORKS COMMENTS Address Public Works requirements in regards to the water quality feature as outlined in the Public Works referral dated September 8, 2010. ENVIRONMENTAL HEALTH COMMENTS Note that an engineered review of the septic system will be required as a condition of approval for this case as outlined in the e-mail from Lauren Light dated September 2, 2010. • Weld County Department of Planning Services • Greeley Office 918 10`" Street, Greeley CO 80631 Phone: 970-353-6100 x3540 Fax: 970-304-6498 Chris Gathman om: Chris Gathman t: Thursday, September 09, 2010 4:42 PM • 'jgtfarm@yahoo.com' Subject: Completeness review comments for your proposed Kennel facility Attachments: 7 Day Completeness Review Form Terry PA10-065 USR.doc; PA10-065 Terry Kennel PW referral.doc Attached are the completeness review comments for your proposed kennel facility. There are a couple of items to be addressed before your application is complete. Let me know if you have any questions or need any additional information. Sincerely, Chris Gathman Planner III Weld County Department of Planning Services 1555 N. 17th Avenue, Greeley CO. 80631 Ph: (970)353-6100 ext. 3537 Fax: (970)304-6498 • 1 Chris Gathman dim: Chris Gathman t: Thursday, September 09, 2010 4:44 PM 'jgtfarm@yahoo.com' Subject: FW: 7 day review James terry kennel Mr. Terry, Here are the comments from Environmental Health re: your septic system that were referred to in the completeness review comments. Sincerely, Chris Gathman Planner III Weld County Department of Planning Services 1555 N. 17th Avenue, Greeley CO. 80631 Ph: (970)353-6100 ext. 3537 Fax: (970)304-6498 Original Message From: Lauren Light Sent: Thursday, September 02, 2010 3:59 PM To: Chris Gathman Subject: 7 day review James terry kennel •dogs will be washed, the existing septic system may not be large enough to accommodate 99 dogs. An engineer review will be required for kennel usage. Lauren Light, M.B.S. Environmental Planner, Environmental Health Services Weld County Department of Public Health & Environment 1555 N. 17th Ave. Greeley, CO 80631 970-304-6415 Ext. 2211 (office) 970-304-6411 (fax) II a • MEMORANDUM TO: Chris Gathman, Planning Services DATE: September 8, 2010 FROM: Heidi Hansen, P.E., Public Works Department COLORADO SUBJECT: 7-Day Completeness Review—James Terry I have reviewed the 7-Day Completeness Review. Public Works shall be looking for five critical items: > Site Plan— Submitted > Traffic Study—Not Required ➢ Preliminary Drainage Report — Not Required — A Water Quality Feature downstream of the kennel is required for this project. Please call to discuss onsite drainage and for assistance in sizing and locating your water quality depression. Heidi Hansen 970-304- 6496 x3750 ➢ Geotechnical Soils Report—Not Required > Flood Hazard Development Standards—Not in a FEMA floodplain This phase of the planning process is a content review of the submitted materials, NOT a technical review. Comments made during this phase of the process will not be all-inclusive. The Public Works Department will perform a detailed technical review of the project once the submittal application is deemed acceptable and is promoted to the review phase of the planning process. • Public Works does NOT have adequate materials to complete a technical review of this submittal. Please hold the application until the applicant calls Public Works to discuss the drainage requirements. pc: 7-Day Completeness, James Terry 111 M:\PLANNING\7 day completeness review\2010\PA10-065 Terry Kennel PW referral.doc • 7-Day Completeness Review CASE#: PA10-065 APPLICANT: James Terry REQUEST: A Site Specific Development Plan and a Special Review Permit for a dog kennel (up to 99 dogs) in the A(Agricultural)Zone District LEGAL: Lot A Amended RE-2765; Part W2NE4 of Section 2, T1N, R67W of the 6th P.M. Weld County, CO. LOCATION: North of and adjacent to State Highway 52, %mile east of County Road 21 Situs: 10711 State Highway 52, Fort Lupton PARCEL#: 1469-02-000078 ACRES: +/-13.25 RETAIN PACKET AS ENTIRE APPLICATION IS TO BE SUBMITTED WITHIN 7 DAYS OF INTERNAL REVIEW o Public Works o Health o Building o Planning Comments: • E tr,3 t?' f lee-ph r-j- Date: September 1, 2010 Comments Due No Later than September 10, 2010 Thanks, Chris x 3537 II _ 44r MEMORANDUM Volpe TO: DATE: ase File,July pre-application 29, 2010 COLORADO FROM: Chris Gathman, Planner III SUBJECT: Pre-Application Meeting prior to submitting USR for a dog kennel Attendees: Sharol Pestotnik, Applicant Donald Carroll, Public Works Chris Gathman, Planning Lauren Light, Environmental Health Frank Piacentino, Building Inspection On Thursday, July 29, 2010 an informal discussion took place at the Greeley Administrative Offices Conference Room regarding a dog kennel. (The legal description is Lot A AMRE-2765; 0 Part W2NE4 of Section 2, Ti N, R67W of the 6th P.M.) Background Information: The applicant is proposing to install a kennel building and raise/sell potentially up to 99 dogs(small breeds). Visits to the site would be by appointment only. Neither dog boarding nor dog grooming would occur. Intend to operate the kennel as a family business (father, daughter and possibly 1 other family member). Public Works Contact the Colorado Department of Transportation(CDOT)to get the existing access permit for the site and to verify that it is properly permitted for the proposed use. On the (Use By Special Permit) USR site plan indicate: • Access _ • Parking (including handicapped parking locations) • Site layout (circulation, building locations...) • Indicate where/what direction water historically drains on the property (can indicate direction of drainage with arrows) • Indicate water quality feature Neither a drainage report nor traffic study will be required. Environmental Health II Existing septic permit#G19750797. Septic system will need to be reviewed by a registered engineer to determine if it has the capacity for the proposed kennel use. A dust abatement plan (addressing dust control for dogs in the play area, parking area)and a waste handling plan (for dog waste)will be required. Animal waste can be disposed via trash (placed into bags and into a dumpster). If the applicant intends to wash waste down the septic then septic would 0 have to be reviewed by a registered engineer. The applicant indicated that she may explore composting dog waste as an alternative. Potential impacts of composting such as odor and impacts on groundwater were discussed. Noise impacts were discussed. The applicant indicated that she intended to keep the dogs indoors at night. Also trees along State Highway 52 will help to dampen the noise. If the applicant intends to potentially expand (add employees)indicate in the application(to address septic system sizing...). Water was discussed. An existing well is located on the property. The applicant was directed to contact the Colorado Division of Water Resources to determine if re-permitting of this well(or a new well)would be required for the kennel facility. Central Weld Water District was also mentioned as a possible water source for the kennel. Contact information for the Central Weld Water District was provided to the applicant. Building Inspection Building Permits will be required for the kennel building. The building must be designed by a professional architect or engineer. The applicant can do structural work; however, plumbing and electrical work will require professional contractor(s). Handicapped accessibility (entrance to the building, bathroom) will need to be addressed. • The applicant does not intend to utilize any existing building for the kennel. If existing buildings are used, a change in use building permit would be required. Applicant was provided a copy of the current building permit application fees(including road impact fees, capital expansion fees...). Planning Department Staff explained the USR application and review process. The USR application fee is $2500. Staff urged the applicant to contact staff for any questions: Planner On Call available Monday through Thursday 7:30 a.m. to 4:30 p.m. The above notes are provided as a courtesy to the applicant. While we strive to identify significant issues, the above notes may not identify all issues, even major ones that maybe raised during the formal review of your application. The information contained herein has been placed on file with the Department of Planning Services. End memorandum. Tax Account Page 1 of 1 1— /LC IN 5 r r- k.t.. -}- T I I 3y iy -°�--7i ;_,ii, U AJ ; G� �.1.� } Tax Account U � � °5� �, v.., *K a � ✓ • Summary Account Id R0579601 Parcel Number 146902000078 Owners TERRY JAMES GRANT Address 10711 COLO HWY No.52 FORT LUPTON,CO 80621 Situs Address 10711 52 HWY WELD 0 Legal PT W2NE4 2-1-67 LOT A AMENDED REC EXEMPT AMRE-2765 Inquiry As Of 08/23/2010 nl Payment Type First '• Second Total Due $0.00 Update Value Area Id Mill Levy Tax Area 3686-3686 58.3250000 0 Actual Assessed AG-FLOOD IRRRIGATED LAND-4117 1,577 460 AG-DRY FARM LAND-4127 299 90 AG-WASTELAND-4167 18 10 FARM/RANCH RESIDENCE-IMPS-4277 116,815 9,300 OTHER BLDGS.-AGRICULTURAL-4279 19,659 5,700 Total Value 138,368 15,560 Taxes $907.53 The amounts of taxes due on this page are based on last year's property value assesments. • https://www.weldtax.corn/treasurer/treasurerweb/account.j sp?account=R0579601 8/23/2010 Weld County Colorado rage 1 of l Search • WELD COUNTYC0L0RAD0 } `,, d -� Office of the Weld County Assessor e i All Weld County>Home I About l Departments'Services l Contact Us i Property Information V .✓y. Ownership Transfer Document Search This Search Returned 1 Bernal Search Aosin Account R0579601 Grantor Sales Date:05/02/83 Parcel:146902000078 TERRY ERNEST&VIVA Doc Date:05/04/83 Reception:1025675 Grantee: Doc Fee:0 Sale Price:$0.00 TERRY JAMES GRANT&MARY ANN Deed Type:D p, eit 2'�oe i� N :.ome-e i g.c e.erref v y50 nrr Acws biy,i nation http://www.co.weld.co.us/apps/assessor/transfers/ 8/24/2010 WELD COUNTY,COLORADO DEPARTMENT OF PLANNING SERVICES 1555 N 171"AVENUE GREELEY,CO 80631 PHONE:970-3534100, EXT.3540/FAX:970-3044498 owlDate: � ,^ 0 I Receipt Nit15765 Received From: ere L..3, 1--- $c S PLC Permit Type No. Description Fee 4221-RE/SE 4221-ZPMH 4221(1I) k \J t. Ts>c^,rc.Tprl `2,500.(1) 4221-SITE PLAN REVIEW 4221-CHANGE OF ZONE 4221-PUD 4221-MINOR/MAJOR SUB • #OF BUILDABLE LOTS 4221-ADDITIONAL 30% FEE FOR SUB's 4221-RE-SUBDIVISIONS 4221-BOA 4221-ZPCV2PAS 4430-MAPS/POSTAGE 4430-COPIES 4730-INVESTIGATION FEE 6560-RECORDING FEE OCASH ( CHECK NO. 1191 ❑CREDIT CARD TOTAL FEE 7_,S03-�3elt , Receipted By: DU Neal `1--S" Exp. imps APPLICATION LONG FLOW SHEET I) • APPLICANT: James Terry CASE#: USR-1766 REQUEST: Site Specific Development Plan and Use by Special Review Permit for a kennel (up to 99 dogs of a non-specified breed) in the A (Agricultural) Zone District. LEGAL: Lot A of AMRE-2765; located in the W2NE4 of Section 2, Ti N, R67W of the 6th P.M., Weld County, CO LOCATION: North of and adjacent to State Highway 52 and approximately % mile west of County Road 23 PARCEL ID#: 146902000078 ACRES: +/- 13.25 acres To be completed by Planner: Date By Application Received PC Hearing Action: Utility Board Date Design Review Date Application Complete and Sent to Office Tech PC Sign to be Posted By: Field Check and Sign Posted • CC Hearing Action: CC Sign to be Posted By: CC Sign Posted To be completed by Office Tech: Date (Sent) Date (Due) By Referrals ( y101I0 (SAL Certified Mail to: \ Letter to Applicant 1 // Chaindexed Surrounding Property/Mineral Owners Notified Date Legal Notice Sent to County Newspaper Date Legal Notice to be Published in County Newspaper File Completed and given to Planner To be completed by CAD Tech: Date By Plat Recorded and Filed Overlay Districts — Zoning Agricultural Geologic Yes No_X Airport Yes No_X_ Flood Hazard Yes_ No_X_ —Panel#08066 Hello