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Home My WebLink About20102450.tiff INVENTORY OF ITEMS FOR CONSIDERATION • ftppilcawt Jane Stamp ccise Nunober USR 1751 .54m/flit-ea cr Prepared Prior to At Heart HER rLing N 1 Staff Gent vwewts X Departw,ewt of PL v virw6) SewLces Meld check Forum. Plawwlwg oovwwiLssiower Field Check Eo vv. Letter to AppLLcawt A f fLACVit of slgw postlwg Legal NotCfLcatLows N' 2 ApplLoatCow X M2ps Deed/ Easevinewt CertCfeoate SurrouwdCwg Propertu / MLwernL Owwers • vtllCtCes N 3 Referral LLst x Referrals without covwvv.evvt X Town of Milliken, referral dated August 6, 2010 4 Referrals with covww,.ewts x Weld County Department of Building Inspection, referral dated July 20, 2010 Weld County Department of Public Health and Environment, referral dated August 9, 2010 Weld County Department of Public Works, referral dated July 28, 2010 State Department of Agriculture, Pet Animal Care Facilities Act, electronic mail dated July 8, 2010 Little Thompson Water District referral dated April 23, 2010 (4,ea LA.L. (1241, VD 5 PC ExkCblts • Affidavit of sign posting with Photograph (J ,Jkwl thoc C ) x herebEj certLf that the 5 ltevus Cdewti,fLLed hereLLw were subw,Ctted to the nepavtvuewt of Plawwlwg servrces at or pri.or to the scheduled Plawwiwg aowrvti„ssowers hearLwc. Kivu O€2EJ❑ Plawvter S • • f • I Ii`De SD USE APPLICATION COLORADO CASE#: USR 1751 HEARING DATE: October 5, 2010 APPLICANT: William Askew, property owner; Jane M. Stamp, property tenant REQUEST: A Site Specific Development Plan and a Special Review Permit for a Kennel (to accommodate 50 dogs of two specific breeds: miniature Dachshund and Bernese Mountain Dogs), in the A(Agricultural) Zone District LEGAL: Part SW4 Section 33, Township 5 North, Range 67 West of the 61h P.M. LOCATION: North of and adjacent to CR 50; West of and adjacent to CR 17; PARCEL ID#: 0957-33-0-00-031 ACRES: 1/.2 +/- 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 • comment: • Town of Milliken, referral dated August 6, 2010 The Department of Planning Services' staff has received responses from the following agencies with comment: • Weld County Department of Building Inspection, referral dated July 20, 2010 • Weld County Department of Public Health and Environment, referral dated August 9, 2010 • Weld County Department of Public Works, referral dated July 28, 2010 • State Department of Agriculture, Pet Animal Care Facilities Act, electronic mail dated July 8, 2010 • Little Thompson Water District referral dated April 23, 2010 The Department of Planning Services' staff has not received responses from the following agencies: • USDA-APHIS (USDA-Animal & Plant Health Inspection Service) • Larimer County Planning • Little Thompson Water District • Weld County School District, RE-5J • Johnstown Fire Protection District • Town of Johnstown • City of Greeley EXHIBIT • STAMP: USR-1751 8 / c PAGE 1 LA -x151 Ii`D 0 SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW COLORADO PLANNER: Kim Ogle APPLICANT: Jane Stamp CASE#: USR 1751 REQUEST: A Site Specific Development Plan and a Special Review Permit for a Kennel (to accommodate 50 dogs of two specific breeds: miniature Dachshund and Bernese Mountain Dogs), in the A(Agricultural) Zone District LEGAL: Part SW4 Section 33, Township 5 North, Range 67 West of the 6th P.M. LOCATION: North of and adjacent to CR 50; West of and adjacent to CR 17; PARCEL ID #: 0957-33-0-00-031 ACRES: 1/.2 +/- 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 1.2 acres. There are existing improvements: The residence, several outbuildings and a garage. The Kennel is for the raising and breeding of miniature Dachshund and Bernese Mountain 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 the Little Thompson Water District and an ISDS system handles the effluent flows. 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 (to accommodate 50 dogs of two breeds in the A(Agricultural)Zone District. • STAMP: USR-1751 PAGE 2 • C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The existing kennel has an active zoning violation (ZCV- 09-00271) for the presence of too many household pets. The applicant is seeking approval at this location for up to 50 dogs of two breeds. Staff contends that the existing use is compatible and that the Development Standards and Conditions of Approval will ensure that this use is compatible with adjacent 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 area for the Town of Johnstown, Milliken and the City of Greeley. The Town of Milliken returned a referral indicating no conflicts with their interests, the City of Greeley and the Town of Johnstown did not return a referral. E. Section 23-2-220.A.5 -- The site is not located within the floodplain as defined by the FIRM Community Panel Map 080266-0750C, dated September 28, 1982. 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. The site is located in land designated as "Prime" according to the according to the U.S.D.A. Soil Conservation Map, dated 1979. The parcel, 1.2 acres in size, is surrounded by three County roads and is a result of the realignment of CR 17. 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 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 plat shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. (Department of Planning Services) B. All plat sheets shall be labeled USR-1751. (Department of Planning Services) • STAMP: USR-1751 PAGE 3 • C. The plat shall be amended to delineate the following: 1. The attached Development Standards. (Department of Planning Services) 2. County Roads 50 and 17 are designated on the Weld County Road Classification Plan as arterial roads, which require 140 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. An additional 40feet shall be delineated on the plat as future County Roads 50 and 17 rights-of-way. All setbacks shall be measured from the edge of future right-of-way. The applicant shall verify the existing right-of-way and the documents creating the right-of-way. If the right-of- way cannot be verified, it shall be dedicated. This road is maintained by Weld County. (Department of Public Works) 3. One single point of ingress and egress to County Road 50 must be delineated on the plat. All other accesses must be removed from the plat. (Department of Public Works) 4. The applicant shall show and label the Water Quality area on the Plat downstream of the dog runs. (Department of Public Works) 5. 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) 6. Three (3) parking spaces for the Kennel must be delineated on the plat. A designated parking area for the property owner, separate from the three (3) required parking spaces for the commercial operation must also be delineated. 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) (Department of Planning Services) 7. All on-site lighting must be delineated on the plat 8. If a sign is proposed, the location shall be shown on the plat a minimum of twenty (20) feet to the north of future right-of-way for County Road 50 and/or twenty (20) feet to the west of County Road 17. The size of the sign is limited to 16 square feet. (Department of Planning Services) 9. The applicant shall delineate the internal circulation pattern. (Department of Planning Services) D, All vehicles located on the property must be operational with current license plates, or be screened from all adjacent properties and public rights of way, or be removed from the property. All other items considered to be part of a noncommercial junkyard must also be removed from the property or screened from adjacent properties and public rights-of-way. E. 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 • STAMP: USR-1751 PAGE 4 • Department of Public Health & Environment. Written evidence of approval from the Weld County Department of Public Health & Environment must be submitted to the Department of Planning Services. (Department of Public Health & Environment) F. The applicant must submit written evidence from the Little Thompson Water District stating that the existing residential water tap #1625 can be transferred to a commorcial tap, and further that this tap is sufficient for the Kennel facility. (Department of rublie, Health & Environment) G. The applicant must submit a Screening Plan for all outdoor storage, including yet not limited to the trash dumpster. (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. The Department of Planning Services respectively requests a digital copy of this Use by Special Review, as appropriate. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); • acceptable GIS formats are ArcView shapefiles, 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 mans(a)co.weld.co.us. (Department of Planning Services) • STAMP: USR-1751 PAGE 5 • SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Jane M. Stamp USR-1751 1. A Site Specific Development Plan and a Special Review Permit for a Kennel (to accommodate 50 dogs of two specific breeds: miniature Dachshund and Bernese Mountain Dogs), 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 is limited to immediate family only. (Department of Planning Services) 4. Dogs shall be kept indoors during night-time hours (7 PM to 7 AM). (Department of Planning Services) 5. The facility is open for business 9AM through 8PM daily. (Department of Planning Services) 6. 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 from the facility and disposed by a commercial hauler. (Department of Public Health and Environment) • 7. 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) 8. 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) 9. 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) 10. The applicant shall operate in accordance with the approved "waste handling plan", at all times. (Department of Public Health and Environment) 11. The applicant shall comply with the Colorado Department of Agriculture (CDA), Division of Animal Industry, if applicable. (Department of Public Health and Environment) 12. 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) 13. This facility shall adhere to the maximum permissible noise levels for non-specified areas as delineated in 14-9-30 of the Weld County Code. (Department of Public Health and Environment) • STAMP: USR-1751 PAGE 6 • 14. Adequate drinking, hand-washing and toilet facilities shall be provided for employees and clients of the facility, at all times. (Department of Public Health and Environment) 15. 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 and/or kennel sanitation needs, the septic system shall be reviewed by a Colorado Registered Professional Engineer if the usage exceeds 6 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) 16. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. The facility shall utilize the existing public water supply. (Little Thompson Water District) (Department of Public Health and Environment) 17. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges in accordance with the Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection Agency. (Department of Public Health and Environment) 18. 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) 19. 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) 20. 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) 21. The existing residential access and gravel driveway shall be graded and drained to provide all weather access to the facility. (Department of Public Works) 22. There will be no parking or staging of vehicles associated with this facility on the County Roads. (Department of Public Works) 23. Building permits shall be obtained prior to starting. 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) 24. 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; 2003 ANSI 117.1 Accessibility Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) • STAMP: USR-1751 PAGE 7 • 25. All building plans shall be submitted to the Johnstown Fire Protection District for review and approval prior to issue of building permits. (Department of Building Inspection) 26. 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) 27. 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) 28. The landscaping on site shall be maintained in accordance with the approved Screening Plan. (Department of Planning Services) 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 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. 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 41 of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 33. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 34. Weld County Right to Farm Statement, Chapter 22-2-20.J • STAMP: USR-1751 PAGE 8 • a DEPARTMENT OF PLANNING SERVICES (it I-11. 01555 N AVE GREELEY, CO 80631 PHONE: (970) 353-6100100, Ext. 3540 FAX: (970)304-6498 COLORADO September 16, 2010 William Askew do Jane Stamp 8029 CR 50 Johnstown CO 80534 Subject: USR-1751- A Site Specific Development Plan and Use by Special Review Permit for a Kennel (to accommodate 50 dogs of two specific breeds: miniature Dachshund and Bernese Mountain Dogs), and any Use Permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts, (vehicle service/repair establishments - small engine and brake repair business) provided that the property is not a lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A(Agricultural)Zone District on a parcel of land described as Part SW4 of • Section 33,T5N, R67W of the 6th P.M.,Weld County, Colorado. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on October 5, 2010, 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 October 27, 2010 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/PlanningZoninq/Plan ningDepartmenthndex.html If you have any questions concerning this matter, please call. Respectfully, • 1 ^ Reasollyn: signed t ea Kristine Ranom l�jJjl^ Digiana ig the by rorne Ranslem document Location:1555 N 17th Ave Date:2010.09.16 10:45:07-06'00' Kim Ogle 2010-2450 Planner PLANNING COMMISSION AND BOARD OF COUNTY • COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS SEPTEMBER 24, 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, KIM OGLE, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE PLANNING COMMISSIONERS HEARING AND THE BOARD OF COMMISSIONERS HEARING FOR A SITE SPECIFIC DEVELOPMENT PLAN AND A SPECIAL REVIEW PERMIT FOR A KENNEL (TO ACCOMMODATE 50 DOGS OF TWO SPECIFIC BREEDS: MINIATURE DACHSHUND AND BERNESE MOUNTAIN DOGS), IN THE A(AGRICULTURAL)ZONE DISTRICT, DBA DAPPLE DOXIE, C/O JANE STAMP] UWUHUU Name -I'Iofo'f-• I/�P^/Ieerrson Posting Sign • l l DN0c- dc-CO, DN'.M-U5,dc -W ELD.M=CO. =Weld Cou nn.0u-vbnMng. Daum m-ron,aym Da,e'.IOO.M38 699MM'CO' Signature of Person Posting Sign STATE OF COLORADO ) ss. COUNTY OF WELD The foregoing instrument was subscribed and sworn to me this day of , 2010. WITNESS my hand and official seal. 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I i1. 1,•• Ihi■w\_ •*' ,•• ♦ tit... ✓ ,.L , I rr• 11 /r I 1 15 1 F, it:"...4 • .- • ,s, • ,t . ...• ! /.� • ,� -•P � 1. • L• ' • I .l: _ ti ,• • a 1 • . I . if 4 ' • • --yy to "' •��, - `L�' p .4 Y, ' t•• I 4 0#.01“... a • P . V Kim Ogle om: Heidi Hansen nt: Tuesday, September 28, 2010 3:33 PM o: Kim Ogle Cc: janemarie58@gmail.com Subject: USR-1751 Access Closures Kim, The two accesses for USR-1751 have been closed as requested. Public Works is satisfied with the closures and Condition L can be removed from the staff comments. Thank you, Heidi Heidi Hansen, P.E. Weld County Public Works 1111 H Street Greeley, CO 80631 970.304.6496 ext. 3745 • • 1 Jane Stamp I, 8029 CR 50 Johnstown, Colorado 80534 IS'Ald County Planning Dopertmaflf j arie58 @gmail.com 0REEt EY OFFICE (970) 308-6256 SEP 26 9(1111 CASE #USR-1751 RECEIVED Dear Kim Ogle, This letter is in response for the letter I received August 10, 2010. 1.) The east side county road 50 entrance has been permanently blocked off(see picture) 2.) The east side county road 17 entranceway been permanently blocked off(see picture) 3.) "Fix it Wright" small engine repair shop is no longer in use. My son has decided to return to school and seek part time employment elsewhere. The building (garage/shop)that was a potential work shop will be for personal use only. 4.) For JM Kennels (dapple doxie) there will be no employees hired. This is a family owned and operated business. I the time of application for this Special Land Use License, it was a potential thought and will not manifest. 5.) The dachshunds water is carried in gallon containers. There are (4 ) outside 16 gallon containers that are specified watering and used in the Bemese Mountain Dogs pens. The Bernese Dogs have rubberized feeding bowls. 6.) The shed that houses the dachshunds does not have running water. Simple Green(brand) cleaner and paper towel: IPsed on a daily basis to sanitize the floor, walls, feeding bowls and water dishes. Newspapers are use for bedding wn into the dumpster provided by Waste management of Northern Colorado, along with the fecal matter. 7.) There is no dust created from this kennel. The dog pens contain pea gravel and don't create dust. The remaining acreage not in use by the animals is grass. The driveway is recycled asphalt. The porches are made of concrete. 8.) Dogs are not bathed on these premises. They are taken to professional groomers or dog bath houses. 9.) There are only 4 adults living on the premises. My septic is suited for 6 adults on a daily basis. The kennel averag customers per month, which is broken down to 4 times in 30 days. Maybe once a month someone will ask to use the restroom, in which that is provided. 10.)Anyone entering the property to visit with the dogs are asked to sanitize their shoes and hands with spay sanitize which paper towels are provided for them to do so. 11.) At the time of obtaining an application for the Special Land Use License, there were a lot of 'potential building' ideas, as to which none were built. It was later stated in a letter to Kim Ogle that the 'construction' is all done in the making of the dog pens, which did not include any more buildings. Various movable dog houses have been built, but none that would require a building permit. Thank you Jane M. Stamp •er of JM Kennels (Dapple Doxie) r ...- 0 C?Il ...LT.- 1 r� .r�- • I ' - • C . • . . it • I % i 10 , . 1i 3tit * ; L VC - w • . . i .. , rV t 7.4, '. 10 '- • ' 2 Lill t \ j 44m. _n c. j l� J er .9, itZ. C 6 i 0 , I I:: c_-_ __, 8 3 _.... ii L. . -...;;II . li -4— t , ; h .....o.tS. Os) Cr. C•34 C . . r PdC el. re :I i isi i ' t ilk lig O •3 c i s �.. • 1.,..„„,...::). r II \ liii.\ 7.-.) ...ty.".1 C•on Lee ' 4:- .. . .. jam = "?4 , " •wZ - 1 ., I' • c • : i. 14 M F I • . Pry, .• V 17 7 x . �• -". frn5 � 4 - ar u f> ••••••0 _ • a: + , ;h$, kG . . , (11.3giliS . - a% V cC� s l • r N to , c_ 8y// i ii iminsai 'i Ni i ilk 4„ . il • C6) 8 1".V.H.%5 ,4_n ICA r % t . .. O , I ut .it, i F ` /et) Z it f.:-.8 A • - ... - - , f 1 , r :kir " 5 Weed County Planning Department GREELEY OFFICE • • MEMORANDUM S€P I r" �� RECEIVED TO: Jane Stamp DATE: September 14, 2010 FROM: Heidi Hansen, P.E., Public Works Department COLORADO SUBJECT: USR-1751 Access Closures Dear Ms. Stamp, Thank you for submitting a photograph of your closure of the access at the corner of WCR 17 and WCR 50. Unfortunately, this cannot qualify as a permanent closure. The access must be permanently closed using landscape materials (planted bushes for example), fencing, posts, or the equivalent. Please keep in mind the future Right-of-Way required for both of these arterial roadways is 140 feet (70 feet from the centerline) when you locate your permanent closures. If you use landscaping please keep the growing height in mind so as not to block the sight distance for the traveling public at the intersection of WCR 17 and WCR 50. In our referral memo we also required that you close the "proposed" access onto WCR 17. This is a busy road and with the railroad crossing, intersection and "S" curve it is not an acceptable location for an access. You have a fence with a large gate at the access but the gate is open and the access appears to be in consistent use. It is very well traveled and I observed a truck leaving from the access while I was at the property this morning. The gate will need to be replaced with •ermanent fence (padlocking the gate would not be considered a permanent closure) or the access point will need to be closed with fencing, posts or the equivalent. If you require an additional access to the property, you may submit an Access Permit to the Public Works Traffic Engineer for a new access onto the abandoned portion of WCR 17 to the west of the property. The Access Permit application form is available on our website (htto://www.co.weld.co.us/Departments/PublicWorks/Permits/Applications.html ). Please submit photographic evidence of the two permanent closures to the Public Works Department. Please contact me or the Public Works Traffic Engineer, Janet Carter, if you have any questions. Sincerely, / (74—, l f-_fcr- Heidi Hansen Weld County Public Works 1111 H Street Greeley, CO 80631 970.304.6496 ext. 3750 hhansen(aco.weld.co.us • Page I of I Kik DEPARTMENT OF PLANNING SERVICES Greeley Planning Office 918 Tenth Street I Greeley, Colorado 80631 WEBSITE: www.co.weld.co.us O E-MAIL: kogle@co.weld.co.us PHONE (970) 353-6100, EXT. 3549 • FAX (970) 304-6498 COLORADO August 10, 2010 Jane M. Stamp 8029 County Road 50 Johnstown, CO 80534 • Subject: Referral Responses for case number USR-1751 -A Site Specific Development Plan and a Special Review Permit for a Kennel (to accommodate 50 dogs of two specific breeds: miniature Dachshund and Bernese Mountain Dogs), and any use permitted as a Use by Right, an accessory use, or a Use by Special Review in the Commercial or industrial zone districts, (Vehicle Service/Repair Establishments-small engine and brake repair business) provided that the property is not a Lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District Dear Ms. Stamp: The Department of Planning Services is in receipt of referrals for your proposed kennel and small engine repair business which are enclosed. From the responses received there appear to be relatively minimal issues that will require some action on your part. The Department of Public Works has concerns with the number of accesses onto County Roads, and here appears to be issues with on site drainage for the property. Similarly, the Environmental Health Services division also had several comments as are outlined in their referral dated August 9, 2010. Their specific concerns are: Water is supplied by Little Thompson Water District (tap 1625). The district did provide a letter stating the existing tap can be transferred to a commercial tap. Please submit evidence of an approved commercial tap. The kennel may have one or two employees. There will also be clients who come to the site and • they must have access to potable water, restroom and hand washing facilities. Either a septic system will need to be installed for kennel usage or 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 et cetera). There is an existing septic system (permit SP-9600444) that was permitted for a 3 bedroom residence (6 people) and will require an engineer's review to ensure there is sufficient capacity to serve the proposed kennel operation as well as the small engine repair shop if the usage exceeds 6 people and/or wastewater from the kennel operation is disposed of in the existing septic system. The application indicates that waste is cleaned from the kennel on a daily basis and placed in a dumpster which is picked up bi-weekly by Waste Management of Northern Colorado. Waste from the small engine repair shop will be recycled by Mares located in the Town of Milliken. The waste handling plan should contain the name, address and phone number of the Waste Management office that is responsible for servicing the dumpster. A minor dust abatement plan is required for on-site dust. Noise will be restricted to the level allowed in the non-specified zone district. A copy of the 2010 Pet Animal Care Facilities Act license is required. Third, the Department of Building Inspection in their referral dated July 20, 2010 has concerns with the buildings located on site and the potential change of use status that may be required. Please contact Ken Swanson, Building Official for additional requirements. • Please review these documents and call to further discuss. These requirements are not insurmountable, but they may be a bigger issue after your discussion with each of the agencies identified herein. I would request a telephone meeting to discuss the options as reflected in the referrals in the next two weeks. All referrals being equal, I would propose to move this case forward to an October 5, 2010 Planning Commission hearing date. Should you have additional questions or require clarification on any of the points presented herein, please contact this office. Thank you. incerely, i O. Planning Services Enclosures ec: Planning Correspondence K. Ranslem,Planning Technician File: USR-1751 • • • FIELD CHECK Inspection Date: July 23, 2010 • APPLICANT: JANE STAMP CASE #: USR 1751 REQUEST: A Site Specific Development Plan and a Special Review Permit for a Kennel (to accommodate 50 dogs of two specific breeds: miniature Dachshund and Bernese Mountain Dogs), and any use permitted as a Use by Right, an accessory use, or a Use by Special Review in the Commercial or industrial zone districts, (Vehicle Service/Repair Establishments - small engine and brake repair business) provided that the property is not a Lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District LEGAL: Part SW4 Section 33, Township 5 North, Range 67 West of the 6th P. M. LOCATION : North of and adjacent to CR 50; West of and adjacent to CR 17; PARCEL ID #: 0957-33-0-00-031 ACRES: 1 /.2 +/- Zoning Land Use N Agricultural N Realigned County Road 17 E Agricultural E County Road 17, Fields adjacent S Agricultural S Single Family Residence, Corn fields W Agricultural W Single Family Residence, Corn fields III Comments: Property is surrounded on three sides by roads. West of and adjacent to is old County Road 17 and serves as a drive access to the residence and agricultural buildings of the adjacent property owner. The road is barricaded for no through traffic. East of and adjacent to is realigned County Road 17 the, a two lane paved road with posted speed of 45 MPH . South of and adjacent to is County Road 50, a two lane paved road, which at a location in front of the residence is posted at 35 with stop sign , if heading east. Surrounding properties to the North include CR 17 roadway and fields in distance, to the west is a single family residence and agricultural fields, to the east is CR 17 roadway and agricultural fields and to the south is a single family residence. The property has mature landscape and open grassy areas to the North and West of the house. Access is from CR 50 only. Two drives were visually present. one to the house and detached outbuilding/ garage and one to the rear of the yard. Kennel enclosures and runs were visible with small dogs in a number greater than (5) five, and two larger dogs. Animals are fenced and housed to rear of residence. A small engine repair business also operates from the property. A sign so advertising is present adjacent to CR 17. See photo.. in RIK I. lAt 'S . 1 :},f!‘„._ ' A., Milifikri • =sr L 4 % [1.- - - I - .. ft. , sr:, • r ‘ Rd $ ii-h •It • - '/ 1^,:.+ A 1 j 4 -1 : p ._ 4110" •`�_+� •e' �s i► �� ..-_" O"988-2973 , • i - �� •,,. t, +. "40 Signature • • Kristine Ranslem Atom: Kristine Ranslem nt: Friday, July 02, 2010 2:44 PM To: 'janemarie58@gmail.com' Subject: Case USR-1751 Attachments: usr1751.pdf Please see the attached letter. K,rktbwe rzawsLeo. Planning Technician Weld County Planning Services 1555 N 17th Ave, Greeley CO 80631 970-353-6100 ext. 3519 • • 1 • • • � d, DEPARTMENT OF PLANNING SERVICES V 1� VE 1555 N 1 GREELEY, CO 80631 PHONE: (970)353-6100, Ext. 3540 FAX: (970)304-6498 wllgc. COLORADO July 2, 2010 William Askew Jane Stamp 8029 CR 50 Johnstown CO 80534 Subject: USR-1751 - Request for a Site Specific Development Plan and Use by Special Review Permit for a Kennel (to accommodate 50 dogs of two specific breeds: miniature Dachshund and Bernese Mountain Dogs), and any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts, (vehicle service/repair establishments- small engine and brake repair business) provided that the property is not a lot in an approved or recorded subdivision plat or lots parts of a map or plan fled prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District on a parcel of land described as Part SW4 of Section 33, T5N, R67W of the 6th P.M., Weld County, • Colorado. Dear Applicants: 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 Greeley, Johnstown, and Milliken Planning Commission for their review and comments. Please call Greeley at 970-350-9741, Johnstown at 970-587-4664, and Milliken at 970-587-4331 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 Greeley, Johnstown, and Milliken 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, ' ^ RDeasollyn; signed he a Kristine of his om Imo, R/�KV,/I Reason: the by Krstnf Ranslem document Location:1555 N 17th Ave Date:2010.07.02 13:52:18-06'00' Kim Ogle Planner • • • • • 7-Day Completeness Review CASE#: PA09-117 APPLICANT: Jane Stamp REQUEST: Special Use Permit for a 50 dog Kennel (Miniature Dachshund and Bernese Mountain Dogs), small engine and brake repair facility LEGAL: Part SW4 of Section 33, T5N, R67W of the 6`" P.M. Weld County, CO. LOCATION: North of and adjacent to County Road (CR) 50, West of and adjacent to CR 17 Situs: 8029 CR 50 PARCEL#: 0957-33-0-00-031 ACRES: +/- 1.2 RETAIN PACKET AS ENTIRE APPLICATION IS TO BE SUBMITTED WITHIN 7 DAYS OF INTERNAL REVIEW Public Works o Health o Building o Planning Comments: Date: June 24, 2010 Comments Due No Later than July 2, 2010 Planning Staff reviewed this initial application and provided comment. This is the response to the initial "incomplete" application submittal. I have asked for a return time of eight days as I will be on vacation July 3-11, 2010 Questions, call, thanks Kim, x 3549 2 4 X10 • • Weld County Planning Departmei GREELEY OFFICE Ill n 2?nin • 0,Crr MEMORANDUM cEivE® I I`p C TO: Kim Ogle, Planning Services DATE: June 29, 2010 FROM: Heidi Hansen, P.E., Public Works Department 4)44.- COLORADO SUBJECT: 7-Day Completeness Review—Jane Stamp 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— Water Quality Feature Calculated for Applicant ➢ Geotechnical Soils Report—Not Required Flood Hazard Development Standards—Not Required, 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 has adequate materials to complete a technical review of this submittal. pc: 7-Day Completeness, Jane Stamp • M:\PLANNING—DEVELOPMENT REVIEWV-DayCompletenessReviews\2010\PA09-117,Jane Stamp.docx • 7-Day Completeness Review CASE#: PA09-117 APPLICANT: Jane Stamp REQUEST: Special Use Permit for a 50 dog Kennel (Miniature Dachshund and Bernese Mountain Dogs), small engine and brake repair facility LEGAL: Part SW4 of Section 33, T5N, R67W of the 6`h P.M. Weld County, CO. LOCATION: North of and adjacent to County Road (CR) 50, West of and adjacent to CR 17 Situs: 8029 CR 50 PARCEL#: 0957-33-0-00-031 ACRES: +/- 1.2 RETAIN PACKET AS ENTIRE APPLICATION IS TO BE SUBMITTED WITHIN 7 DAYS OF INTERNAL REVIEW o Public Works o Health Building o Planning Comments: cC L(36 (ill Date: June 24, 2 ments Due No Later than July 2, 2010 Planning Staff reviewed this initial application and provided comment. This is the response to the initial "incomplete" application submittal. I have asked for a return time of eight days as I will be on vacation July 3-11, 2010 Questions, call, thanks Kim, x 3549 • Kim Ogle om: Lauren Light nt: Monday, June 28, 2010 10:44 AM o: Kim Ogle Subject: 7 day review for jane stamp kennel - pa09-117 O. K. to submit. I will add condition for eng review of septic and minor additions to waste and dust plans when the application is submitted. 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) • • 1 • pc MEMORANDUM Wi`De. TO: DATE: PA09-117; Case File, pre-application October 22, 2009 COLORADO FROM: Kris Ranslem, Planning Technician SUBJECT: Pre-Application Meeting prior to submitting USR for dog kennel Attendees: Jane Stamp, Applicant Heidi Hansen, Public Works Lauren Light, Environmental Health (via phone) Brad Mueller, Planning Chris Gathman, Planning Kris Ranslem, Planning On Thursday, October 22, 2009 an informal discussion took place at the Greeley Administrative • Offices Conference Room regarding a dog kennel. (The legal description is Part of the SW4 of Section 33, T5N, R67W of the 6th P.M.; Situs Address is 8029 CR 50) Background Information: The site is approximately 1.2 acres and is zoned agricultural. The applicant raises and breeds two types of dogs, Miniature Dachshunds and Bernese Mountain Dogs. The applicant intends to have no more than 25 adult dogs on site; the puppies are sold to clients. Health Department Water is provided by Little Thompson Water District. Upon electronic research of files, two septic permits were found. In 1992 a Statement of Existing was submitted (G19929178) and in 1996 it showed that there was an upgrade to a 1000 gallon tank (SP-9600444). Because there are customers who come to the site, the septic system will need to be evaluated for adequacy by a registered engineer. The following is a link for a list of engineers: http://www.co.weld.co.us/redesign/Health/EnvironmentalHealth/SepticSvstems/index.html Click on "Septic Engineers" in the right column. A waste handling plan will need to be provided. The applicant indicated that Waste Management picks up the waste on a bi-weekly basis. Public Works • The site is not located in a floodplain. No Traffic Study is required. No Geotech Report is required. • According to the map it shows that there are three accesses. Typically 1 access is allowed per parcel. Staff stated that they will request the access in the corner of the lot be closed for safety reasons. The applicant concurred and inquired about the access from CR 17. Staff will review and evaluate it. A Site Plan identifying the parking area will need to be provided. The applicant indicated that the driveway is recycled asphalt. No Drainage Report is required; however the applicant shall provide a short description of the historic stormwater flows across the property and how their application will affect those flows. The description shall include but not be limited to: 1) where the water originates if it flows onto the property from an offsite source, 2) where it flows to as it leaves the property, 3) the direction of flow across the property, and 4) if there have been previous drainage problems with the property. The application shall also provide flow arrows on the map showing where the stormwater starts, how it goes across the property, and where it leaves the property. The applicant will still be responsible for providing a water quality feature that conforms to the methodology outlined in Volume 3, Section 4.4.2 of the Urban Storm Drainage Criteria manual. For further direction, contact Clay Kimmi at 970-304-6496 ext. 3741. Planning Department The applicant is proposing to place a dog kennel directly north of the house. Staff advised the applicant to visit with the Building Department in regard to permitting the kennel. Any structure larger than 120 square feet requires a building permit. The applicant indicated that the garage is used for personal storage and not related to the kennel. • The applicant indicated that upon completion of the dog kennel all dogs will be housed at night. The applicant added that she has talked to her surrounding neighbors and they have given her their support for the kennel. No employees are associated with the kennel. For information on soil types, please visit the Soil Conservation website at http://websoilsurvev.nrcs.usdalov/app/HomePaqe.htm 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. Staff explained the USR process. The applicant shall submit 4 packets for a 7 day completeness review. After the 7 day completeness review the applicant will be informed of what items are still required to make the application complete. Staff requested that the applicant submit the remaining material in electronic form. Upon submittal of a completed application it will be sent out for referral for 28 days. The applicant will then meet with their Planner to discuss the referrals and address as many of the referrals as possible. At that meeting the Planning Commission hearing will be scheduled. The Board of County Commissioners hearing typically follows approximately 3 weeks after the Planning Commission hearing. The above 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. • End memorandum. Hello