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HomeMy WebLinkAbout20091663.tiffApplicant Barrett INVENTORY OF ITEMS FOR CONSIDERATION Case Number USR-1701 • v • • Submitted or Prepared Prior to At Hearing Hearing 1 Staff Comments X Department of Planning Services Field Check Form X Planning Commissioner Field Check Form X Letter to Applicant X Affidavit of sign posting X 2 Legal Notifications X 3 Application X 4 Referral List X Referrals without comment X Weld County Zoning Compliance, referrals dated April 23, 2009 X USDA — Veterinary Services, referrals dated April 23, 2009 X Colorado Division of Wildlife, referral dated May 7, 2009 X Central Weld County Water District, referral dated April 23, 2009 X Weld County Sheriffs Office, referrals dated April 23, 2009 X Weld County Department of Planning Services Landscape referral dated April 22, 2009 X West Greeley Conservation District, referral dated May 4, 2009 X 5 Referrals with comments X Weld County Department of Public Works, referrals dated May 11, 2009 X Weld County Department of Public Health and Environment, referral dated May 20, 2009 X Weld County Department of Building Inspection, referral dated June 9, 2009 X 6 Maps X 7 Deed/ Easement Certificate X 8 Surrounding Property / Mineral Owners X 9 Utilities X 10 Soil Survey X 11 PC Exhibits I hereby certify that the twenty three items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Boa d of County Commissioners hearing. Jac. eline Hatch-Drouillard 'fanner 2009-1663 • • tr COLORADO LAND USE APPLICATION SUMMARY SHEET Planner: Jacqueline Hatch-Drouillard Case Number USR-1701 Hearing Date: July 7, 2009 Applicant: Hadley Barrett and Lee Brenner -Barrett Site Address: 25471 County Road 50, Kersey CO 80644 Representative: Sheri Lockman, Lockman Land Consulting LLC, 36509 County Road 41 Eaton CO 80615 Request: A Site Specific Development Plan and a Special Review Permit for a kennel (15 dogs and grooming) and one single family dwelling unit per lot other than permitted under 23-3-20.A (second home on the property) in the Agricultural Zone Districts. Legal Description: Lot B of RE -1568 being part of SE4 of Section 32, T5N, R64W of the 6'h P.M., Weld County, CO. Location: Approximately '/4 mile North of County Road 50 and approximately % mile west of County Road 53. Size of Parcel: 44 +/- acres Parcel Number: 0963 32 000064 POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code. The Department of Planning Services' staff has received responses from the following agencies: Without Comments: • Weld County Zoning Compliance, referrals dated April 23, 2009 • USDA — Veterinary Services, referrals dated April 23, 2009 • Colorado Division of Wildlife, referral dated May 7, 2009 • Central Weld County Water District, referral dated April 23, 2009 • Weld County Sheriffs Office, referrals dated April 23, 2009 • Weld County Department of Planning Services Landscape referral dated April 22, 2009 • West Greeley Conservation District, referral dated May 4, 2009 With Comments: • Weld County Department of Public Works, referrals dated May 11, 2009 • Weld County Department of Public Health and Environment, referral dated May 20, 2009 • Weld County Department of Building Inspection, referral dated June 9, 2009 The following agencies have not responded: • Town of Kersey • Platte Valley Fire Protection District EXHIBIT USR-1701 Barrett Page 1 • Alt ir COLORADO • • Planner: Case Number: Applicant: Site Address: Representative: Request: Legal Description: Location: Size of Parcel: SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW Jacqueline Hatch-Drouillard USR-1701 Hearing Date: July 7, 2009 Hadley Barrett and Lee Brenner -Barrett 25471 County Road 50, Kersey CO 80644 Lockman Land Consulting LLC, 36509 County Road 41 Eaton CO 80615 A Site Specific Development Plan and a Special Review Permit for a kennel (15 dogs and grooming) and one single family dwelling unit per lot other than permitted under 23-3-20.A (second home on the property) in the Agricultural Zone Districts. Lot B of RE -1568 being part of SE4 of Section 32, T5N, R64W of the 6'" P.M Weld County, CO. Approximately % mile North of County Road 50 and approximately % mile west of County Road 53. 44 +1- acres Parcel Number: 0963 32 000064 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 22-2-90.E. C.Goal 5 states: "minimize the incompatibilities that occur between commercial uses and surround properties." The site currently has two homes and two additional buildings that each have six (6) kennels in them. There is also a large fenced area used for exercising the dogs. The dogs are fitted with bark collars to minimize the barking on site. The site has mature trees and the kennels are not able to be seen from the shared drive accessing the property. Development Standards and Conditions of Approval will ensure that the proposed use will be compatible with the vicinity. The property is proposed to be serviced by the Central Weld County Water District and an Individual Sewage Disposal System. There is an existing well on site that is not permitted for commercial use. The application is proposing to utilize the well water for irrigation of the property. USR-1701 Barrett Page 2 • • 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.H and 23-3-40.L of the Weld County Code provides for a Site Specific Development Plan and a Special Review Permit for a kennel (15 dogs and grooming) and one single family dwelling unit per lot (second home on the property) in the Agricultural Zone Districts. The applicant is asking for a larger sign than that is allowed in the Agricultural Zone District. The applicant is requesting a 35 square foot (5 x 7) sign on the property. The Agricultural Zone District allows for one freestanding sign not to exceed 16 square feet. The Department of Planning Services supports the request for a 35 square foot sign. C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The surrounding property is primarily agricultural in nature with a few homes in close proximity. There are twelve parcels within 500' of the property. No comments have been received from the surrounding property owners. Conditions of Approval and Development Standards will ensure compatibility with the surrounding area. 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 three miles of the Town of Kersey. No comments were received from the Town of Kersey. E. Section 23-2-220.A.5 -- The site does not lie within any Overlay Districts. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) F. Section 23-2-220.A.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. 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. Should the Planning Commission approve this request, the Department of Planning Services recommends that the following conditions of approval and development standards be attached: Prior to recording the plat: A. The applicant shall submit a Landscape and Screening Plan to the Department of Planning Services for review and approval. Upon approval, the Landscape and Screening Plan shall be placed on the plat. (Department of Planning Services) B. The applicant shall submit a lighting plan for the site that is in compliance with Section 23-3-50.G of the Weld County Code. (Department of Planning Services) USR-1701 Barrett Page 3 • • • C. The applicant shall either submit to the Weld County Department of Planning Services a copy of an agreement with the properties mineral owners/operators stipulating that the oil and gas activities have adequately been incorporated into the design of the site or show evidence that an adequate attempt has been made to mitigate the concerns of the mineral owners. (Department of Planning Services) The applicant shall address the requirements of the Department of Public Works, as stated in the referral response dated May 13, 2009. Written evidence of such from the Department of Public Works shall be submitted in writing to the Department of Planning Services. (Department of Planning Services) E. The applicant shall submit an Improvements Agreement. The applicant shall submit to the Department of Planning Services an itemized exhibit A and exhibit B for review. The agreement and form of collateral shall be reviewed by County Staff and accepted by the Board of County Commissioners prior to recording the Use by Special Review plat. Alternatively, applicant may submit evidence that all the work has been completed and approved by the Department of Planning Services and the Department of Public Works. (Department of Planning Services) F. The applicant shall submit a dust abatement plan (on site dust) for review and approval, to the Environmental Health Services, Weld County Department of Public Health & Environment (WCPHE). Evidence of approval by the Department of Public Health and Environment shall be provided to the Department of Planning Services. (Department of Public Health and Environment) G. The applicant shall provide written evidence to WCPHE 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. If a license is required a copy of the license shall be provided to WCDPHE. Evidence of approval by the Department of Public Health and Environment shall be provided to the Department of Planning Services. (Department of Public Health and Environment) H. 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. Evidence of approval by the Department of Public Health and Environment shall be provided to the Department of Planning Services. The plan shall include at a minimum, the following: 1) A list of wastes which are expected to be generated on site (this should include expected volumes and types of waste generated). 2) A list of the type and volume of chemicals expected to be stored on site. 3) The waste handler and facility where the waste will be disposed (including the facility name, address, and phone number). (Department of Public Health and Environment) The existing septic system shall be reviewed by a Colorado Registered Professional Engineer for use in the kennel and grooming operations. 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. Evidence of approval by the Department of Public Health and Environment shall be provided to the Department of Planning Services. (Department of Public Health and Environment) USR-1701 Barrett Page 4 • • • J. The applicant shall complete a Recorded Exemption on the property. The application shall be submitted to the Department of Planning Services. The purpose of the Recorded Exemption is to have the USR boundary coincide with the property boundary. Alternatively the applicant can delineate the USR boundary to coincide with the property boundary. (Department of Planning Services) K. A request to vacate USR-663 for a recreation facility for horses shall be submitted to the Department of Planning Services to present to the Board of County Commissioners. USR-663 currently encompasses three parcels. All three property owners shall sign the letter requesting to vacate the USR. The property owners are Troy Hoffman and David Reynolds. (Department of Planning Services) 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) The plat shall be amended to delineate the following: 1. All sheets of the plat shall be labeled USR-1701. (Department of Planning Services) 2. The attached Development Standards. (Department of Planning Services) 3. Off street parking spaces including the access drive shall be surfaced with gravel or the equivalent and shall be graded to prevent drainage problems. (Department of Public Works) County Road 50 is designated on the Weld County Road Classification Plan as a local gravel road, which requires 60 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. The applicant shall verify and delineate on the plat the existing right-of-way and the documents creating the right-of-way. (Department of Public Works) 5. The 20' existing access and utility easement (rec #1602396) shall be shown on the plat. The easement shall be a graded and drained road to provide an all weather access. (Department of Public Works) 6. The approved Lighting Plan. (Department of Planning Services) 7. The approved Landscape and Screening Plan. (Department of Planning Services) 8. The approved sign location and dimensions. (Department of Planning Services) 9. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. (Department of Planning Services) 3. Upon completion of 1. and 2. 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 thirty (30) 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) USR-1701 Barrett Page 5 In accordance with Weld County Code Ordinance 2006-7 approved June 1, 2006, should the plat not be recorded within the required thirty (30) days from the date the Board of County Commissioners resolution a $50.00 recording continuance charge shall added for each additional 3 month period. 5. The Department of Planning Services respectively requests the surveyor provide a digital copy of this Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to maos(cilco.weld.co.us. (Department of Planning Services) 6. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. (Department of Planning Services) USR-1701 Barrett Page 6 • • SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Barrett USR-1701 A Site Specific Development Plan and a Special Review Permit for a kennel (15 dogs and grooming) and one single family dwelling unit per lot other than permitted under 23-3-20.A (second home on the property) in the Agricultural Zone Districts 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 property is limited to 15 adult dogs on site. (Department of Planning Services) 4. The number of employees shall be limited to two (2). (Department of Planning Services) 5. The hours of operation are 24 hours 7 days a week. (Department of Planning Services) 6. The second home shall be for an employee related to the business on the property. (Department of Planning Services) 7. Animal and feed wastes, bedding, debris and other organic wastes shall be disposed of so that vermin infestation, odors, disease hazards, and nuisances are minimized. Such wastes shall be removed at least weekly from the facility and disposed by a commercial hauler. (Department of Public Health and Environment) 8. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 9. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health and Environment) 10. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. (Department of Public Health and Environment) 11. The applicant shall operate in accordance with the approved "waste handling plan". (Department of Public Health and Environment) 12. The applicant shall comply with the Colorado Department of Agriculture (CDA), Division of Animal Industry. (Department of Public Health and Environment) 13. 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) 14. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as delineated in Section 14-9-30 of the Weld County Code, as amended. (Department of • Public Health and Environment) 15. Adequate handwashing and toilet facilities shall be provided for employees and visitors of the facility. (Department of Public Health and Environment) USR-1701 Barrett Page 7 • 16. Sewage disposal for the facility shall be by septic system. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems. (Department of Public Health and Environment) 17. The facility shall utilize the existing public water supply. (Central Weld County Water District) (Department of Public Health and Environment) 18. If applicable, the applicant shall obtain a stormwater discharge permit for development, redevelopment or construction where a contiguous or non-contiguous land disturbance is greater than or equal to one acre in area from the Colorado Department of Public Health & Environment, Water Quality Control Division. (Department of Public Health and Environment) 19. 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) 20. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department of Planning Services) 21. 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) (Department of Planning Services) 22. The applicant shall adhere to the approved Lighting Plan. (Department of Planning Services) • 23. The applicant shall adhere to the approved Landscape and Screening Plan. (Department of Planning Services) 24. No parking or staging is allowed on County Roads. (Department of Public Works) 25. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 26. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 27. Building permits shall be obtained prior to the construction of any building. Buildings that meet the definition of an Ag Exempt Building per the requirements of Section 29-1-20 and Section 29-3- 20.B.13 of the Weld County Code do not need building permits, however, a Certificate of Compliance must be filed with the Planning Department and an electrical and/or plumbing permit is required for any electrical service to the building or water for watering or washing of livestock or poultry. (Department of Building Inspection) 28. Buildings shall conform to the requirements of the various codes adopted at the time of permit application. (Department of Building Inspection) 29. All building plans shall be submitted to Platte Valley Fire Protection District for review and approval prior to issue of Building Permits. (Department of Building Inspection) 30. 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. • 31. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the USR-1701 Barrett Page 8 plans or Development Standards are permitted. Any other changes shall be filed in the office of • the Department of Planning Services. 32. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. • Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5- 102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. USR-1701 Barrett Page 9 • W1�Yc. COLORADO • • May 28, 2009 Hadley Barrett Lee Brenner -Barrett c/o Sheri Lockman 36509 CR 41 Eaton CO 80615 DEPARTMENT OF PLANNING SERVICES SOUTHWEST OFFICE 4209 CR 24.5 LONGMONT, CO 80504 PHONE: (720) 652-4210, Ext. 8730 FAX: (720) 652-4211 Subject: USR-1701 - A Site Specific Development Plan and Use by Special Review Permit for a Kennel (15 dogs and grooming) and one single family dwelling unit per lot (second home on the property) in the A (Agricultural) Zone District on a parcel of land described as Lot B of RE -1568 being part of SE4 of Section 32, T5N, R64W of the 6th P.M., Weld County, Colorado. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on July 7, 2009, at 1:30 p.m. This meeting will take place in the Hearing Room, Weld County Planning Department, 918 10'" St, Greeley, Colorado. A subsequent hearing will be held on July 22, 2009 at 10:00 a.m., in the Chambers of the Board of County Commissioners, Weld County Centennial Center, 915 10(h 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 packets one week prior to the scheduled Planning Commission Hearing. If you have any questions concerning this matter, please call. Respectfully, JacjeRne Ha Planner • • • DEPARTMENT OF PLANNING SERVICES SOUTHWEST OFFICE 4209 CR 24.5 LONGMONT, CO 80504 PHONE: (720) 652-4210, Ext. 8730 FAX: (720) 652-4211 April 21, 2009 Hadley Barrett Lee Brenner -Barrett c/o Sheri Lockman 36509 CR 41 Eaton CO 80615 Subject: USR-1701 - Request for a Site Specific Development Plan and Use by Special Review Permit for a kennel (15 dogs and grooming) and one single family dwelling unit per lot (second home on the property) in the Agricultural Zone District on a parcel of land described as Lot B of RE - 1568 being part of SE4 of Section 32, T5N, R64W 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 show 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 Kersey Planning Commission for their review and comments. Please call Kersey at 970-353-1681 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 Kersey 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, anagem Jacqueline Hatch Planner • • • PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS June 27, 2009 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, Jacqueline Hatch-Drouillard, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE PLANNING COMMISSIONERS HEARING FOR USR-1701 IN THE A (Agricultural) ZONE DISTRICT. Jacqueline Hatch-Drouillard Name of Person Posting Sign — Jacqueline Hatch-Drouillard P D Signature of Person Posting Sign STATE OF COLORADO ) ss. COUNTY OF WELD The foregoing instrument was subscribed and sworn to me thispthay of kS(1 NL- 2009. WITNESS my hand and official seal. N, tary Public My Commission Expires: BETHANY '' :N e if? My Commission Expires 10-14-2011 • ""r 'Eli '1".. • "•••• • • • es • • • • • I .air 6 ILaln • - ' • : rl<<i. ).. • I • e 14 •, s; 4 ..'.• 1 • f 46. . "4' 1 i <'I- FIELD CHECK CASE NUMBER: USR-1701 DATE OF INSPECTION: S ")-I 'Q`! • • • APPLICANT'S NAME: Hadley Barrett & Lee Brenner -Barrett PLANNER: Jacqueline Hatch REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a kennel (15 dogs and grooming) and one single family dwelling unit per lot (second home on the property) in the Agricultural Zone District. LEGAL DESCRIPTION: Lot B of RE -1568 being part of SE4 of Section 32, T5N, R64W of the 6th P.M., Weld County, Colorado. LOCATION: Approximately 1/4 mile North of CR 50 and approximately 1/4 mile west of CR 53. LAND USE: N LS(1"Z,nci eesijevilic:<it 3Occrrr71c E &reit:4G S r ;4y / Pes;c1(in leo yards W KPf;*nliaI strut lureredly ()Eliarr61/ ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: Area /S rr c;"dry sfrz4e s a rid n 7,.Mall rn re wv�O,70/1 . Hcwe✓e/ l lose ftz.,Y;✓74/ ko cc rYla he fi CrnCP✓vl for r., :IA Jofind c,n Itt?pi,(04,c., ✓io c it/ !o✓7(e✓!-t LcA:I U( r -o sal P.C: Member • • • FIELD CHECK Inspection Date: 6/24/09 APPLICANT: CASE #: REQUEST: LEGAL: LOCATION: PARCEL ID #: ACRES: Hadley Barrett Lee Brenner -Barrett do Sheri Lockman with Lockman Land Consulting LLC USR-1701 A Site Specific Development Plan and a Special Review Permit for a kennel (15 dogs and grooming) and one single family dwelling unit per lot (second home on the property) in the Agricultural Zone Districts. Lot B of RE -1568 being part of SE4 of Section 32, T5N, R64W of the 6th P.M., Weld County, CO. Approximately Y. mile North of County Road 50 and approximately % mile west of County Road 53. 0963 32 000064 44 acres +/- Zoning Land Use N Agricultural N Agricultural E Agricultural E Agricultural S Agricultural S Agricultural W Agricultural W Agricultural Comments: Two homes on property Property looks clean Slopes down to the south Access of dirt driveway with multiple users Signatur ❑ House(s) ❑ Outbuilding(s) ❑ Access to Property ❑ Crop Productions ❑ Site Distance o Mobile Home(s) ❑ Other Animals On -Site ❑ Water Bodies ❑ Ditch ❑ Derelict Vehicles o Non-commercial junkyard (list components) ❑ Irrigation Sprinkler o Crops ❑ Wetlands ❑ Oil & Gas Structures o Wildlife o Utilities On -Site (transmission lines) ❑ Topography Note any commercial business/commercial vehicles that are operating from the site. • IIlk COLORADO • • March 25, 2009 Hadley & Lee Brenner Barrett 25471 County Road 50 Kersey, CO 80644 DEPARTMENT OF PLANNING SERVICES Greeley Planning Office 918 Tenth Street Greeley, Colorado 80631 WEBSITE: www.co.weld.co.us E-MAIL: kogle@co.weld.co.us PHONE (970) 353-6100, EXT. 3549 FAX (970) 304-6498 Subject: 7 -Day review of USR application for a breeding kennel for retrievers Dear Hadley & Lee Brenner Barrett: The Departments of Planning Services, Environmental Health and Public Works have reviewed your application for content only in anticipation of a formal submittal of your application. Comments from each department are included in this letter and are as follows: Planning Services Chris Gathman recommends a few minor modifications: 1.] Label the nearest East-West County road on the Vicinity Map 2.] Lighten the topography lines 3.] Identify the building labeled as "Bam". Should this be "Barn"? Environmental Health Lauren Light with the Department of Environmental Health, 970-356-4000 extension 2702 has reviewed the pre - submittal application and offers her comments. 1.] The septic system(s) [G19850020] is designated commercial for a picnic barn. An evaluation of the septic system for a kennel required. Staff will allow this action to be a Condition of Approval. Public Works Don Dunker with the Department of Public Works, 970-356-4000 extension 3750 has reviewed this pre -submittal application and offers his comments. The Public Works Department shall be looking for four critical items: • Site Plan r, Traffic Study • Preliminary Drainage Report • Geotechnical Soils Report • Flood Hazard Development Standards Site P• lan: The applicant is indicating a 20 -foot access and utility easement to the property. Reference of the access/easement such as a reception number, book and page, an easement or deed needs to be placed on the plat. • The gravel access circulation and parking appear to be adequate for the facility. The driveway section shall be graded and drained to provide an all-weather access to the facility. Traffic Study: Other than the applicant's family and caretaker, only a very small number of people will be utilizing the site to adopt a dog. Roughly 90% of the dogs are sold over the Internet and shipped to the new owners; therefore, traffic does not appear to be an issue. A traffic study is not required. Preliminary Drainage Report: The applicant is indicating that water naturally drains to the low spot in the arena. Per the applicant, the 100 -year storm event could evaporate the water within 72 hours. Verification of this calculation needs to be provided. Please contact Clay Kimmi, Drainage Division, at 970-356-4000, ext 3750, to verify calculations or documentation associated with the storm water drainage requirements. Geotechnical Soils Report: The applicant is not proposing any new structures; therefore, a geotechnical report is not required. Flood Hazard Development Standards: This area is not in a Special Flood Hazard Area (SFHA) as determined by the Federal Emergency Management Agency (FEMA). Conclusions: The applicant needs to address the two items listed above: Reference of the 20 -foot access and utility easement on the plat Evaluate and comment on the storm water drainage Building Department Robert Powell with the Department of Building Inspection, 970 353-6100 extension 3540, has reviewed this pre - submittal application and offers his comments. 1.] A Building permit application must be completed and two complete sets of plans including engineered foundation plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review. A geotechnical engineering report performed by a registered State of Colorado engineer shall be required. 2.] A plan review shall be approved and a permit must be issued prior to the start of construction. 3.] Buildings within the 100 year floodplain require a Flood Hazard Development Permit. 4.] A letter from the fire District is required to ascertain if a FPD Permit is required. In summary, the Departments of Planning Services, Building Inspection, Environmental Health and Public Works have determined that the applicant can submit the application per the stated requirements. It is anticipated that all other issues, if any, may be addressed through Conditions for Approval and Development Standards associated with the land use permit. Should you have questions concerning any comment contained herein, please contact this office for clarification or the individual who provided comments. Thank you for your diligence in the preparation of this land use application, and staff will anticipate the full submittal in the near future. Sincerely, Kim Ogle Planning Services ec: L. Light, Environmental D. Dunker, Public Works C. Gathman, Planning (lb Page 1 of 1 • • • Sheri Lockman From: "Clayton D. Kimmi" <CKimmi@co.weld.co.us> To: "Kim Ogle" <kogle@co.weld.co.us>; "Donald Carroll" <dcarroll@co.weld.co.us>; "Clayton D. Kimmi" <CKimmi@co.weld.co.us> Cc: "Sheri Lockman" <sherilockman@what-wire.com> Sent: Monday, April 06, 2009 7:13 AM Attach: Preliminary Drainage Report.txt Subject: FW: Drainage Report Kim, Sherri Lockman asked that I let you know that she has put together the water quality calculations and is now ready to submit the application packet for the Hadley & Lee Brenner Barrett Dog Kennel. She had previously submitted a 7 -day completeness review. I have reviewed the calculations and they appear to be acceptable. Please le me know if you have any questions. Thanks Clay From: Shed Lockman [mailto:sherilockman@what-wire.comj Sent: Thursday, April 02, 2009 8:53 PM To: Clayton D. Kimmi Subject: Drainage Report Clay, I saved this as a text message. You should be able to open it with wordpad. It won't look great but the information should be there. Sheri Lockman 4/8/2009 • 7 Day Completeness teview • Subject: USR for Kennel Legal: Lot B of RE -1568; located in Part SE4 of Section 32, Township 5 North, and Range 64 West; Location: Access located off of CR 50, approx. V2 mile west of CR 53 • • Applicant Name: Hadley & Lee Brenner Barrett Property Owner: Same Planner: Chris Gathma Department: Comments: MAR 1 8 2009 Health Building Planning Name: Date: 3- 2O -o5 Date: March 18, 2009, Comments due no later than March 25, 2009 @lease submit comments to Kim Ogle) 111k. COLORADO • Weld County Running Der^,,^1 ,t GREELEY OPTIC, MEMORANDUM RECEIVE Y , TO: Kim Ogle, Planning Services DATE: March 20, 2009 FROM: Donald Carroll, Engineering Administrator 0' 11 SUBJECT: 7 -Day Completeness Review USR001-09 Hadley & Lee Brenner Barrett I have reviewed the 7 -Day Completeness Review. Public Works shall be looking for five critical items: r Site Plan ➢ Traffic Study ➢ Preliminary Drainage Report ➢ Geotechnical Soils Report ➢ Flood Hazard Development Standards Site Plan: The applicant is indicating a 20 -foot access and utility easement to the property. Reference of the access/easement such as a reception number, book and page, an easement or deed needs to be placed on the plat. The gravel access circulation and parking appear to be adequate for the facility. The driveway section shall be graded and drained to provide an all-weather access to the facility. Traffic Study: Other than the applicant's family and caretaker, only a very small number of people will be utilizing the site to adopt a dog. Roughly 90% of the dogs are sold over the internet and shipped to the new owners; therefore, traffic does not appear to be an issue. A traffic study is not required. Preliminary Drainage Report: The applicant is indicating that water naturally drains to the low spot in the arena. Per the applicant, the 100 -year storm event could evaporate the water within 72 hours. Verification of this calculation needs to be provided. Please contact Clay Kimmi, Drainage Division, at 970-356-4000, ext 3750, to verify calculations or documentation associated with the storm water drainage requirements. Geotechnical Soils Report: The applicant is not proposing any new structures; therefore, a geotechnical report is not required. Flood Hazard Development Standards: This area is not in a Special Flood Hazard Area (SFHA) as determined by the Federal Emergency Management Agency (FEMA). Summary: The applicant needs to address the two items listed above: • Reference of the 20 -foot access and utility easement on the plat • Evaluate and comment on the storm water drainage pc: USR001-09 M:\PLANNING - DEVELOPMENT REVIEW\7-DayCompletenessReviews\2009\USR001-09, Barrett.doc • • • • 7 Day Completeness tevi GAL Plennkn nccirtm GREELEY L, ; MAR 25 s 'r Subject: USR for Kennel RECEIVED Legal: Lot B of RE -1568; located in Part SE4 of Section 32, Township 5 North, and Range 64 West; Location: Access located off of CR 50, approx. '/2 mile west of CR 53 RECEIVED MAR 192009 Applicant Name: Hadley & Lee Brenner Barrett Property Owner: Same ENVIRONMENTAL HEALTH SERVICES Planner: Chris Gathman Department: Public Works <f-fealth Building Planning Comments: S tD-"S -c rue, t c0rNwSI_iCLKkQ run 6 c itrt c. oi- /V\ m (LS -Q 3 -f' o 6 0 \ ) c-i For n C esw Name: Date: —S--t — c5\ Date: March 18, 2009, Comments due no later than March 25, 2009 (please submit comments to Kim Ogle) • • • 111 COLORADO • • DEPARTMENT OF PLANNING SERVICES Weld County Administrative Offices 918 10th Street Greeley CO 80631 Phone (970) 353- 6100 Ext 3575 WEBSITE: www.co.weld.co.us Applicant: Hadley & Lee Brenner Barrett March 25, 2009 Prior to the start of any construction, alterations, or change of occupancy; 1 A building permit application must be completed and two complete sets of plans including engineered foundation plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review. A geotechnical engineering report preformed by a registered State of Colorado engineer shall be required. 2 A plan review shall be approved and a permit must be issued prior to the start of construction. 3 Setback and offset distances shall be determined by the 2006 International Building Code (Offset and setback distances are measured from the farthest projection from the structure). 4 Buildings located within a 100 year flood plain require a Flood Hazard Development Plan. 5 A letter is required from the Fire District to ascertain if a FPD permit is required. Sincerely Robert Powell Plans Examiner II Service, Teamwork, Integrity, Quality • Chris Gathman From: art: bject: Chris Gathman Thursday, March 19, 2009 7:59 AM Kim Ogle Barrett (Kennel Completeness Review) I have reviewed the Hadley & Lee Brenner -Barrett Kennel USR application. I have a few recommended minor changes: 1) Label the nearest East-West County Road on the vicinity map. 2) I recommend making the topography lines a lighter shade. 3) What does the building labeled "Bam" stand for? Sincerely, Chris Gathman, AICP, Planner III Weld County Department of Planning Services 918 10th Street, Greeley, Colorado 80631 ph (970)353-6100 ext. 3540 fax (970)304-6498 • r Hello