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Home My WebLink About20100260 • • • Weld County Referral WilkSeptember 4, 2009 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Sandra Rakowski Case Number USR-1717 Please Reply By October 4, 2009 Planner Chris Gathman Project A Site Specific Development Plan and Use by Special Review for a Kennel (up to 7 dogs, 3 cats, and 3 birds) in the A (Agricultural) Zone District. Legal Lot A of RE-2733; located in part of the S2 of Section 24, T2N, R67W of the 6th P.M., Weld County, Colorado. Location North of and adjacent to CR 18 and approximately 1,100 feet east of CR 23. Parcel Number 1311 24 000008 • 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. ❑ 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. r- See attached letter. Comments: Signature A ,ti4 5 2 _ Date W I0/570 `( Agency ,}h(x`C. t00-r ki-S • +Weld County Planning Dept. :•918 10Th Street, Greeley,CO.80631 +(970)35 98 fax EXHIBIT 14 1 2010-0260 • • • f MEMORANDUM TO: Chris Gathman, Planning Services DATE: October 5, 2009 FROM: Heidi Hansen, P.E., Public Works Department 1 COLORADO SUBJECT: USR-1717, Sandra Rakowski 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 18 is a collector road and requires an 80-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 1612 vehicles per day taken in November of 2006. • 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-1717 • M\PLANNING—DEVELOPMENT REVIEW\USR-Use by Special Review\USR-1717 Rakowski Kennel\USR-1717.docx . • • WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Department of Public Works • 111 H St PO Box 758 Greeley CO 80632 Phone: (970) 356-4000 x3750 Fax: (970)304-6497 Road File#: Date: 01//o 9 REP: I31t- z4- 3- RE -2733 I, Other Case#: 1. Applicant Name Sane)ra A . R4.KO W SKI Phone 303'93/- 7 /p`► Address t t'f to 1 u_). ('• a. I $ City 1 0v+ Ltpit7i State to Zip&Obi,/ 2. Address or LLpcation of Access 11107 t•Q1? •c'L 6Apien, e U sv6�1 Section 2•y- Township 2_ Range &7 Subdivision — Block — Lot Weld County Road#: /P Side of Road — Distance from nearest intersection 3. Is there an existing access(es) to the property? Yes X No #of Accesses / pblo 4. Proposed Use: ❑ Permanent A Residential/Agricultural 0 Industrial ❑ Temporary ❑ Subdivision 0 Commercial 0 Other ************************lk**fillkA L A A L***t************4M4kkf******Hlf*********MR*********************************k************** 5. Site Sketch Legend for Access Description: I I = Agricultural RES = Residential O&G = Oil&Gas D.R. = Ditch Road • — = House ❑ = Shed = Proposed Acrpcs > = Existing Access NT oJd ,,.k.k* ___ ..f1 OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions 0 Installation Authorized ❑ Information Insufficient Reviewed By: Title: -9- • • • recte MEMORANDUM ITO: Chris Gathman, Planning Services 11 O FROM: Lauren Light, Environmental Health '' • SUBJECT: USR-1717 Sandra Rakowski COLORADO DATE: October 7, 2009 Environmental Health Services has reviewed this proposal for a kennel for up to 7 dogs, 3 cats and 3 birds. The kennel is for the applicants privately owned animals and no outside animals or employees are connected with the kennel. Water is supplied by an individual well which is permitted for "Fire protection, Ordinary household purposes inside not more than one single family dwelling, the irrigation of not more than 10,000 square-feet of home gardens and lawns, and the watering of domestic animals and poultry'. As this is not a commercial operation, and the animals • are owned by the applicant, the existing well may 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. There is an existing septic system (G19760290) that is sized for a 2 bedroom residence. As there are no employees, patrons or animals that are not owned by the applicants, the septic system is sufficient for this request. The noise level is restricted to the residential zone and the application indicates the dogs will have on bark collars when the applicants are away from the property. A waste handling plan was submitted which indicates waste is cleaned and picked up weekly by a sanitation company. We have no objections to the proposal; however, we do recommend that the following conditions be part of any approval: The following requirement is 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. • • • 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 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. The applicant shall comply with the Colorado Department of Agriculture (CDA), Division of Animal Industry. 7. 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. 8. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems. 9. The facility shall utilize the existing individual well. (permit 162220) 10.The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. • 2 • • Kis • Weld County Referral November 8, 2009 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Sandra Rakowski Case Number USR-1717 Please Reply By October 4, 2009 Planner Michelle Martin Project A Site Specific Development Plan and Use by Special Review for a Kennel (up to 7 dogs, 3 cats, and 3 birds) in the A (Agricultural)Zone District. • Legal Lot A of RE-2733; located in part of the S2 of Section 24, T2N, R67W of the 6th P.M., Weld County, Colorado. Location North of and adjacent to CR 18 and approximately 1,100 feet east of CR 23. Parcel Number 1311 24 000008 . 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. ❑ 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. J See attached letter. Comments: The applicant is requested to provide additional information specific to Section 23-3-250.A.5.A Required Landscaped Areas; Section 23-3-250.A.6 Trash collection; Section 23-3-250.A.9 Outside Storage; Section 23-3-350.B.1 Noise; and Section 23-2-250.6.6, Light. The submitted materials do not specifically address any of these issues. Staff requests these issues to be resolved prior to the Planning Commissioner's Hearing. Signature cL� j/� Date November 9, 2009 • Agency Planning Services • • • Weld County f Referral lO September 4, 2009 • COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Sandra Rakowski Case Number USR-1717 Please Reply By October 4, 2009 Planner Chris Gathman Project A Site Specific Development Plan and Use by Special Review for a Kennel (up to 7 dogs, 3 cats, and 3 birds) in the A(Agricultural)Zone District. Legal Lot A of RE-2733; located in part of the S2 of Section 24, T2N, R67W of the 6th P.M., Weld County, Colorado. Location North of and adjacent to CR 18 and approximately 1,100 feet east of CR 23. Parcel Number 1311 24 000008 • 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. ❑ 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. XXX See attached letter. Comments: Signature � Date 09/04/09 Agency oning Complia e O • +Weld County Planning Dept. +918 10th Street,Greeley,CO.80631 ^(970)353-6100 ext.3540 +(970)304-6498 fax • • MEMORANDUM • COLORADO To: Chris Gathman, Planner September 4, 2009 From: Bethany Salzman, Zoning Compliance Officer II Subject: USR-1717 Referral Upon review of my case files and computer, an active Zoning Violation(ZCV09-00187)was noted. This violation was initiated due to a complaint about the presence of more than 4 (four) dogs without first obtaining the necessary Weld County Zoning Permits. This case has not yet been presented to the Board of County Commissioners through the Violation Hearing process. This application if approved by the Board of County Commissioners will correct the violation. If this application is denied, please ask the Board of County Commissioners to refer this case to the County Attorney's Office, but to delay legal action for 30 (thirty) days in order to give them adequate time to reduce the number of dogs not to exceed 4(four)on the property at any given time. • • SERVICE.TEAMWORK INTEGRITY.QUALITY Q • • rat DEPARTMENT OF PLANNING SERVICES BUILDING INSPECTION NORTH OFFICE • 918 10th Street GREELEY, COLORADO 80631 PHONE (970) 353-6100, EXT.3540 FAX (970) 304-6498 COLORADO October 15, 2009 Sandra Rakowski A Site Specific Development Plan and Use by Special Review permit for a Kennel (up to 7 dogs, 3 cats, and 3 birds) in the in the A (Agricultural) Zone Districts. USR-1717 1. We have reviewed the request and find no conflicts with our interests. No new structures are being built. 2. There are no building permits on record on this parcel. i Sincerely, Roger Vigil • Building Official • • ° C°4DEPARTMENT OF NATURAL RESOURCES DIVISION OF WATER RESOURCES 00,,e S * ,-4,,,.i ,876 4 * September 11,E Id County Planning Department Governor.Jr. GREELEY OFFICE Harris D.Sherman tin Executive Director SEP 15 2009 Dick Wolfe,P.E. Chris Gathman Director/State Engineer Weld County Planning Department RECEIVED 918 10th Street Greeley, CO 80631 Re: USR-1717- Sandra Rakowski — A Site Specific Development Plan and Use by Special Review Permit for a Kennel (up to seven dogs, 3 cats and 3 birds) in A(Agricultural)Zone District Dear Mr. Gathman: 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. 162220-A. The original well, permit no. 162220, was late registered in accordance with C.R.S. 37-92-602(5) on October 31, 1991 for the historical use of this well, being a well producing 5 gallons per minute and used for ordinary household purposes inside one single-family dwelling, fire protection, the watering of domestic animals and poultry, and the irrigation of not more than 10,000 square-feet of home garden and lawns. On January 29, 2007, permit no. 162220-A was approved for the replacement of the existing well, permit no. 162220. The replacement well was constructed on February 12, 2007. Based on the information provided, the proposed kennel will not employ any people at this site, all the animals are owned by the property owners and there will be no customers using the site. As long as the proposed kennel will be operated solely by the property owner and all animals at the site will be owned by the property owners, this office has no objection to use well permit no. 162220-A 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. 162220-A 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, jaidAdviQz Joan a William , P.E • Wate Resource Engineer 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 • • Weld County Planning Department GREELEY OFFICE• SEP 29 7009 Weld Count fiYiW September 19, 2009 lopC. COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Sandra Rakowski Case Number USR-1717 Please Reply By October 4, 2009 Planner Chris Gathman Project A Site Specific Development Plan and Use by Special Review for a Kennel (up to 7 dogs, 3 cats, and 3 birds) in the A(Agricultural)Zone District. I Legal Lot A of RE-2733; located in part of the S2 of Section 24, T2N, R67W of the 6th P.M., Weld County, Colorado. I Location North of and adjacent to CR 18 and approximately 1,100 feet east of CR 23. Parcel Number 1311 24 000008 • 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. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan because o We have reviewed the request and find no conflicts with our interests. .kK See fitter b to Comments: The dogs should not be allowed to roam at large and should be restricted to the property either by an underground electronic dog fence or by a standard chain link fence. This will prevent the animals from chasing and harassing wildlife. Harassment of wildlife is a violation of Colorado Revised Statute 33-6- 128(2). Signature /Libre Date 2mk 7 • Agency Colorado Division of Wildlife ❑Weld County Planning Dept. ❑918 10th Street,Greeley,CO.80631 ❑(970)353-6100 ext.3540 ❑(970)304-6498 fax Michelle Martin rom: Mettenbrink, Chris [Chris.Mettenbrink@state.co.us] ent: Friday, December 04, 2009 12:14 PM o: Michelle Martin Cc: unipegus1959@aol.com; larry.rogstad@state.co.us Subject: FW: Site Specific Development Plan USR-1717 Dear Ms. Martin, I visited with Mrs. Rakowski's this morning and toured and inspected the fencing surrounding her property. I am satisfied that the fencing in place will prevent her dogs from chasing or harassing wildlife that occupy the area. If you have any questions or need anything additional from me,please feel free to contact me at anytime. Thank you. Sincerely, Chris Mettenbrink Chris Mettenbrink Colorado Division of Wildlife District Wildlife Manager-Fort Lupton (970) 472-4405 From: unipegus1959@aol.com [mailto:unipegus1959@aol.com] 'lent Thursday, December 03, 2009 3:39 PM To: Mettenbrink, Chris Cc: mmartin@co.weld.co.us Subject: Site Specific Development Plan USR-1717 Chris Mettenbrink Colorado Division of Wildlife December 03, 2009 Subject: USR-1717 - Request for a Site Specific Development Plan and Use by Special Review for a Kennel (up to 7 dogs, 3 cats, and 3 birds) in the A (Agricultural) Zone District on a parcel of land described a Lot A of RE- 2733; located in part of the S2 of Section 24, T2N, R67W of the 6th P.M., Weld county, Colorado. Issue concerning: Per a request of Chris Mettenbrink of Colorado Division of Wildlife, that the dogs should not be allowed to roam at large and should be restricted to the property either by an underground electronic dog fence or by a standard chain link fence. This will prevent the animals from chasing and harassing wildlife. Harassment of wildlife is a violation of Colorado Revised Statute 33-6-128(2). • Response: 1 J I, Sandra Rakowski, residing at 11467 Weld County Road 18, Fort Lupton, CO 80621, would like to assure Chris Mettenbrink of Colorado Division of Wildlife,that our place of residence is secured and properly fenced *r the 5 dogs. They have no access to the surrounding areas outside of the fenced area. The residence already ad railroad tie-log pole fences, and a white plastic fence when purchased. We installed light duty 4'4" cattle fencing all the way around the property with a privacy fence on the south and east side of the house. We also installed 16 gauge welded 4' tall fence that is on the inside of the property wired to the white fencing to keep the 5 dogs in, and from getting out of the property, also a heavy duty farm gate that latches and can be locked for vehicle access. A heavy duty pole fence is on the south and is secured with 4'4" gauge welded fence. While we are away, the dogs are confined to the house and the yard that surrounds the house. The dogs are allowed to access the house thought two dog doors, and are confined to the yard which has the privacy fence on the south and east sides, and the light duty cattle fence on the north and west sides, and the white plastic fence with has the 16 gauge welded wire attached to it. There is no possibility that my dogs can get out, we have fenced in the 3.26 acres completely, nothing can get in or out, and I do that for the safety of my animals and for my family! Thank you, Sincerely, Sandra Rakowski 303-931-7999 unipegusI959 n,aol.com • S 2 Hello