The URL can be used to link to this page

Browse Search

Home My WebLink About20101064.tiff � (41 Weld County Referral January 8, 20ICEIVED JAN 132010 COLORADO 1Mi1l Coady Public Works Department The Weld County Department of Planning Services has received the following item for review: Applicant Michael & Pamela Weiss Case Number USR-1732 Please Reply By February 8, 2010 Planner Kim Ogle Project A Site Specific Development Plan and Use by Special Review Permit for a Kennel (13 personal dogs and occasional dog sitting with up to 25 dogs total) in the A (Agricultural) Zone District. Legal Lot B RE-3666; located in Part of the W2SW4 of Section 33, T3N, R66W of the 6th P.M., Weld County, Colorado. Location North of and adjacent to CR 26 and approximately 1 mile west of CR 31. Parcel Number 1211 33 300018 • The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. You will be notified in writing of the Planning Commission date once the date is determined. U We have reviewed the request and find that it does/does not comply with our Comprehensive Plan because ❑ We have reviewed the request and find no conflicts with our interests. 1 See attached letter, Comments: Signature II-- / �^ Date Agency f tt,J LAG �I'1Gf- L • +weld County Planning Dept. ❖918 10th Street.Greeley,CO. 80631 6•(970)353-6100 ext.3540 +(970)304-6498 fax 2010-1064 Weld County Planning Department GREELEY OFFICE ITERn 172+p • MEMORANDUM f tini4itr RECEIVED TO: Kim Ogle, Planning Services DATE: January 28, 2010 WIiDc FROM: Heidi Hansen, P.E., Public Works Department COLORADO SUBJECT: USR-1732, Michael & Pamela Weiss The Weld County Public Works Department has reviewed this proposal. This project falls under the Use by Special Review Standard, Weld County Code, Chapter 23, Article II, Division 4, Section 23. Staff comments made during this phase of the Use by Special Review process may be all-inclusive, as other issues may arise during the remaining application process. COMMENTS: Weld County Road Classification Plan (FHU): WCR 26 is a local gravel road and requires a 60-foot right-of-way at full build out. There is presently a 60-foot right-of-way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning (23-1-90), the required setback is measured from the future right-of-way line. Our most recent AADT count reflects 81 vehicles per day taken in October of 2008. • This portion of WCR 29 is a private road not maintained by the County. Access: The applicant shall utilize the existing residential access to this parcel. 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. Storm Water Drainage: 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. Flood Hazard Development Standards: This area IS NOT in a Special Flood Hazard Area (SFHA) as determined by the Federal Emergency Management Agency (FEMA). pc: USR-1732 • M.APLANNING—DEVELOPMENT REVIEWVUSR-Use by Special Review VUSR-1732 Weiss Kennel AUSR-1732.docx WELD COUNTY ROAD ACCESS INFORMATION SHEET 11 Road File#: Date: 1.2{21 l 2-OO°l • RE# : Other Case#: Weld County Department of Public Works 111 H Street, P.O. Box 758, Greeley, Colorado 80632 Phone: (970 )356-4000, Ext. 3750 Fax: (970) 304-6497 1. ApplicantName 1MCH-fA'at. $ PAM-Ec.4 VtaSS Phone `dt°S— 5g6Z Address V) &k 063 City przlizA,&U., State Co Zip CGS 2. Address or Location of Access 14.0 tS CR 2-Co Section 33 Township 3 NJ Range (it¢vAJ Subdivision A//f!- Block NM- Lot Arl/+ Weld County Road#: 2- o Side of Road Al Distance from nearest intersection -7S-r-/- 3. Is there an existing access(es) to the property? Yes X No #of Accesses 4. Proposed Use: ,lam Permanent ❑ Residential/Agricultural ❑ Industrial ❑ Temporary ❑ Subdivision ❑ Commercial ❑ Other 5. Site Sketch Legend for Access Description: AG = Agricultural RES = Residentialal O&G = Oil&Gas D.R. = Ditch Road O = House • O = Shed b J Ni a , 4 J A I OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions ❑ Installation Authorized ❑ Information Insufficient Reviewed By: Title: • • (--c(t.,-;-- MEMORANDUM ITO: Kim Ogle, Planning Services ll O FROM: Lauren Light, Environmental Health • SUBJECT: USR-1732 Michael and Pamela Weiss COLORADO DATE: February 5, 2010 Environmental Health Services has reviewed this proposal for a kennel for 25 dogs. The kennel is for the applicants' 13 dogs and they also dog sit for friends and relatives which may result in up to 25 dogs on the property. There are no employees associated with the kennel. Water is supplied by an individual well which is permitted for "Fire protection, ordinary household purposes inside not more than three single family dwellings, the watering of poultry, domestic animals and livestock on a farm or ranch and the irrigation of not more • than one acre of home gardens and lawns". As all the dogs are not owned by the applicant, the existing well may not be sufficient for this use. Written documentation from the State Division of Water Resources is required to verify the well is appropriately permitted for the proposed use. The facility will not have any employees except for the owners, however there will be dog owners who come to the site and they must have access to potable water, restroom and hand washing facilities. The existing restroom must be made available for use. There was also no mention if any water will be used in the daily sanitation of the kennel and/or supplies (bowls, bedding ect). There is an existing septic system (SP-0400100) that is sized for a 4 bedroom residence and will require an engineer's review to ensure there is sufficient capacity to serve the proposed kennel operations. The septic system was designed by an engineer and approved by the Board of Health in 2004. The engineer design was required due to clay soils and bedrock on site. The noise level is restricted to the residential zone and the application indicates that the household dogs are kept indoors at night. The applicant has indicated dog waste is cleaned weekly and picked up monthly by Waste Management. To ensure that odors and nuisances are minimized this Department has consistently required wastes be removed from kennel properties on a weekly basis. • We have no objections to the proposal; however, we do recommend that the following • conditions be part of any approval: The following requirements are recommended to be met prior to allowing the plat to be recorded: 1. Provide written documentation to the Weld County Department of Public Health and Environment from the State Division of Water Resources which verifies the well is appropriately permitted for the proposed use. 2. The applicant shall provide written evidence to the Weld County Department of Public Health and Environment that the applicant has contacted the Colorado Department of Agriculture (CDA), Division of Animal Industry. This contact shall determine if a license under the Pet Animal Care Facilities Act (PACFA), as defined under C.R.S. 35-80-101 through 117. C.R.S. is required, or provide evidence that the applicant is not subject to the PACFA requirements. 3. In the event the applicant intends to utilize the existing septic system at the home, for kennel use, 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 systems 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. 4. 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. 5. 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 and the time frame of when waste will be picked up by the waste facility (include the facility name, address, and phone number). • 2 We recommend that the following requirements be incorporated into the permit as • development standards: 1. 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 by a commercial hauler. 2. 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. 3. 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. 4. 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. 5. The applicant shall operate in accordance with the approved "waste handling • plan", at all times. 6. 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. 7. The applicant shall comply with the Colorado Department of Agriculture (CDA), Division of Animal Industry. 8. This facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as delineated in Section 14-9-30 of the Weld County Code. 9. Adequate drinking, handwashing and toilet facilities shall be provided for patrons of the facility, at all times. 10.Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems. 11.The facility shall utilize the existing individual well. (permit 251600) • 3 12.This application is proposing a well as its source of water. The applicant should • be made aware that while they may be able to obtain a well permit from the Office of the State Engineer, Division of Water Resources, the quantity of water available for usage may be limited to specific uses, i.e. domestic use only, etc. Also, the applicant should be made aware that 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. 13.The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. • 4 Print Form • fiSCamts4° Weld County Referral January 8, 2010 inige COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Michael & Pamela Weiss Case Number USR-1732 Please Reply By February 8, 2010 Planner Kim Ogle Project A Site Specific Development Plan and Use by Special Review Permit for a Kennel (13 personal dogs and occasional dog sitting with up to 25 dogs total)in the A (Agricultural)Zone District. Legal Lot B RE-3666; located in Part of the W2SW4 of Section 33, T3N, R66W of the 6th P.M.,Weld County, Colorado. Location North of and adjacent to CR 26 and approximately 1 mile west of CR 31. • Parcel Number 1211 33 300018 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. You will be notified in writing of the Planning Commission date once the date is determined. F We have reviewed the request and find that it does/does not comply with our Comprehensive Plan because F We have reviewed the request and find no conflicts with our interests. r See attached letter. Comments: Please see attached. Signature Date 01/12/10 Agency oning Comp'a c icer II • Meld County Planning Dept, 2O18 10m Street,Greeley,CO.80631 *970)353-6100 ext.3540 *970)304-6498 fax MEMORANDUM • 1111k COLORADO To: Kim Ogle, Planning Manager January 12, 2010 From: Bethany Salzman, Zoning Compliance Officer Subject: USR-1732 Referral Upon review of my case files and computer, an active Zoning Violation(ZCV09-00175)was noted. This violation was initiated due to the presence of too many dogs without first submitting and completing the necessary Weld County Zoning Permits. This case was presented to the Board of County Commissioners through the Violation Hearing process on November 10, 2009. At that Violation Hearing, the Board of County Commissioners referred this case to the County Attorney's Office, but delayed legal action for 60 days(01/10/10). This application was submitted prior to January 10, 2010 and therefore no Investigation Fee is required. This application if approved by the Board of County Commissioners will correct the violation. If this application is denied,within 30(thirty)days the number of dogs shall be reduced to not exceed 8(eight)at any given time or the Violation case will proceed accordingly through the Court process. • • SERVICE.TEAMWORK.IN I EORITY,QUALITY DEPARTMENT OF PLANNINSERVICES• f BUILDING INSPECTION NORTH OFFICE 918 10`" GREELEY, COLORADO 80631 PHONE (970) 353-6100, EXT.3540 W��• FAX (970) 304-6498 COLORADO January 14, 2010 Applicant: Michael & Pamela Weiss A Site Specific Development Plan and Use by Special Review Permit for a Kennel (13 personal dogs and occasional dog sitting with up to 25 dogs total) in the A (Agricultural) Zone District. USR-1732 Parcel Number: 1211 33 300018 1. Prints and applicant's statement indicate there will be no construction on site and the kennel is to be used for non-commercial use only. Based on the information supplied, no building IDpermits will be required. Sincerely, Ken Swanson Building Official Weld County Building Department • Weld County Planning Department GREELEY OFFICE /1OC.—°4ON\ DEPARTMENT OF NATURAL RESOURCES �% DIVISION OF WATER RESOURCES IAN 2 170',0 • `\** I's RECEIVED �76 January 14, 2010 Governor James B.Martin Executive Director Kim Ogle Dick Wolfe,P.E. Weld County Planning Department Director/State Engineer 918 10th Street Greeley, CO 80631 Re: USR-1732— Michael and Pamela Weiss —A Site Specific Development Plan and Use by Special Review Permit for a Kennel (13 personal dogs and occasional dog sitting up to 25 dogs total) in A (Agricultural)Zone District Dear Mr. Ogle: This referral does not appear to qualify as a "subdivision" as defined in Section 30-28-101(10)(a), C.R.S. Therefore, pursuant to the State Engineer's March 4, 2005 memorandum to county planning directors, this office will only perform a cursory review of the referral information and provide comments. The comments do not address the adequacy of the water supply plan for this project or the ability of the water supply plan to satisfy any County regulations or requirements. In addition, the comments provided herein cannot be used to guarantee a viable water supply plan or infrastructure, the issuance of a well permit, or the physical availability of water. According to the referral information the operation will be served by an existing domestic well, permit no. 251600. Well permit no. 251600 was issued on July 7, 2003 pursuant to C.R.S. 37-92-602(3)(b)(II)(A) as • the only well on a tract of land of 40 acres described as the NW1/4 of the SW1/4, Section 33, Township 3 North, Range 66 West of the 6th P.M. The use of the ground water from this well is limited to fire protection, ordinary household purposes inside not more than three (3) single family dwellings, the watering of poultry, domestic animals and livestock on a farm or ranch and the irrigation of not more than one (1) acre of home gardens and lawns. Based on the information provided, the proposed kennel will not employ any people at this site and there will be no customers using the site, however the Applicants indicated that occasionally watch and temporarily hold additional dogs for family and friends when necessary. Note, that as long as the proposed kennel will be operated solely by the property owners and all animals at the site will be owned by the property owners, this office has no objection to use well permit no. 251600 to supply the property for the permitted uses. However, if the proposed kennel will employ people or will board other parties animals, we will view this as a commercial business and well permit no. 251600 cannot be used to supply water to a commercial business on the property. If the well will be used to supply a commercial business, the Applicant will need to obtain a well permit for commercial use. The ability for this lot to obtain a commercial well permit would be evaluated at the time that a well permit application is submitted. Should you have any questions in this matter, please contact loana Comaniciu of this office. Sinc rely, Alcutoc42, Joan a Williams, P.E a r Resource Engineer • JMW/IDC Office of the State Engineer 1313 Sherman Street,Suite 818•Denver,CO 80203•Phone:303-866-3581 •Fax:303-866-3589 www.water.state.co.us Esther Gesick rom: Kim Ogle nt: Monday, May 17, 2010 6:17 AM o: Esther Gesick Subject: FW: Pam Weiss As requested. Kim From: Leslie, Jennifer [mailto:Jennifer.Leslie@ag.state.co.us] Sent: Monday, April 12, 2010 11:04 AM To: Kim Ogle Subject: Pam Weiss Hi Kim, I visited Pam Weiss earlier this year. At that time, she reported having 25 dogs. She was given a month to re-home 10 of these dogs. She did this-and, provided me with a list a dogs she kept and dogs she re-homed. Because she reports not having more than 15 dogs at her residence, she is PACFA compliant. Please call if you have any further questions. Sincerely, Jennifer Leslie, CVT PACFA Inspector, Northern Colorado (303) 886-8848 cell • • 1 Hello