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HomeMy WebLinkAbout20091206.tiffott; COLORADO Weld County Referral January 14, 2009 The Weld County Department of Planning Services has received the following item for review: JAN 1 6 2009 Applicant Please Reply By Project Legal Location Parcel Number Timothy Gonzales Case Number USR-1689 February 15, 2009 Planner Kim Ogle A Site Specific Development Plan and Use by Special Review for a Kennel (24 dogs used to selectively breed and train registered sporting dogs) in the A (Agricultural) Zone District. Lot A RE -2029; Pt S2SW4 of Section 21, T2N, R66W of the 6th P.M., Weld County, Colorado. North of and adjacent to CR 18; approximately Y: mile west of CR 31. 1309 21 300059 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 Zecause ❑ We have reviewed the request and find no conflicts with our interests. See attached letter. Comments: Signature Agency +Weld County Planning Dept. +918 10th Street, Greeley, CO. Date EXHIBIT 1 y 0 :•(970) 304-6498 fax 2009-1206 A •Wl`k arn COLORADO MEMORANDUM TO: Kim Ogle, Planning Services DATE: February 18, 2009 FROM: David Snyder, E.I., CFM, Public Works SUBJECT: USR-1689, Timothy Gonzales Weld County Planning Department GREELEY OFFICE FRF 2 Q711nP RECEIVED Public Works has reviewed the USR. Our comments are as follows. 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. The applicant shall utilize the existing access to the parcel. There will be no parking or staging on the County roads. 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. • pc: USR-1689. M:\PLANNING - DEVELOPMENT REVIEW\USR-Use by Special Review\USR-1689 Gonzales\USR 1689 - Gonzales.DOC • Weld County Planning Department GREELEY OFFICE FEB 17 Irmo MEMORANDU12ECEIVED TO: KIM OGLE, PLANNING SERVICES FROM: LAUREN LIGHT, ENVIRONMENTAL HEALTH SUBJECT: USR-1689 TIMOTHY GONZALES DATE: FEBRUARY 12, 2009 Environmental Health Services has reviewed this proposal for a dog kennel to include breeding and training for up to 24 dogs. A residence is located on the property and it appears from the application the existing septic system may be utilized for the kennel operation. The existing septic system was permitted for a 3 bedroom residence (SP - 0100494) and will require an engineer review to ensure there is sufficient capacity to serve the proposed kennel operations. Although the facility will not have any employees, there will be prospective dog owners who come to the site and they must have access to restroom and handwashing facilities. The existing well on site will need to be re -permitted to serve a dog kennel operation. T The waste handling plan should indicate that waste is cleaned from the kennel on a daily basis and picked up weekly by a sanitation company. This information shall be included in the waste handling plan. We have no objections to the proposal; however, we do recommend that the following conditions be part of any approval: The following requirements are recommended to be met prior to allowing the plat to be recorded: 1. 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). 2. 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. • • • • 3. The applicant shall submit a waste handling plan, for approval, to the Environmental Health Services Division of the Weld County Department of Public Health & Environment. The plan shall include at a minimum, the following: 1) A list of wastes which are expected to be generated on site (this should include expected volumes and types of waste generated). 2) A list of the type and volume of chemicals expected to be stored on site. 3) The waste handler and facility where the waste will be disposed (including the facility name, address, and phone number). 4. In the event the applicant intends to utilize the existing septic system at the existing home for visitor and kennel sanitation needs, the septic system shall be reviewed by a Colorado Registered Professional Engineer. The review shall consist of observation of the system and a technical review describing the systems ability to handle the proposed hydraulic load from the resident's occupants and visitors. 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. 5. Alternately to item #4 above, the applicant shall install an individual sewage disposal system for the proposed visitor and kennel sanitation needs and shall be installed according to the Weld County Individual Sewage Disposal Regulations. The septic system is required to be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. 6. A copy of the re -permitted well permit, to allow for kennel usage, shall be provided to the Environmental Health Services Division of the Weld County Department of Public Health & Environment. 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 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. 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. 8. 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.. 9. Adequate handwashing and toilet facilities shall be provided for visitors to the facility. 10. 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. 11.The facility shall utilize the existing private water supply. (Well Permit 12. 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. 13.The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. 3 • Mw WE�Yc 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: Timothy Gonzales April 1, 2009 Case Number: USR-1689 Project: A Site Specific Development Plan and a Use by Special Review for a Kennel (24 dogs used to selectively breed and train registered sporting dogs) in the A (Agricultural) Zone District. Legal: Lots A RE -2029; Pt S2SW4 of Section 21, T5N, R66W; of the 6th P.M., Weld County, Colorado. Location: North of and adjacent to CR 18; approximately 1/2 mile west of CR 31 Parcel Numbers: 1309 21 300059 There are two building permits on record for this parcel; BCS-040076 & PR -0130252 are Final Prior to the start of any construction, alterations, or change of occupancy; 1 A building permit application will not be required, provided the kennel is used solely for personnel use, and there are no alterations, additions construction or change of use. Sincerely Q '2b4L r Qi Robert Powell Plans Examiner II Service, Teamwork, Integrity, Quality • ati COLORADO • • Weld County Referral January 14, 2009 The Weld County Department of Planning Services has received the following item for review: Applicant Please Reply By Project Legal Location Parcel Number Timothy Gonzales February 15, 2009 Case Number USR-1689 Planner Kim Ogle A Site Specific Development Plan and Use by Special Review for a Kennel (24 dogs used to selectively breed and train registered sporting dogs) in the A (Agricultural) Zone District. Lot A RE -2029; Pt S2SW4 of Section 21, T2N, R66W of the 6th P.M., Weld County, Colorado. North of and adjacent to CR 18; approximately Y: mile west of CR 31. 1309 21 300059 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. Ei- See attached letter. Comments: Signature Agency Date / — a5 -epee), +Weld County Planning Dept. +918 10th Street, Greeley, CO. 80631 +(970) 353-6100 ext.3540 +(970) 304-6498 fax • Motiti 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: Timothy Gonzales January 23, 2009 Case Number USR-1689 Project: A Site Specific Development Plan and a Use by Special Review for a Kennel (24 dogs used to selectively breed and train registered sporting dogs) in the A (Agricultural) Zone District. Legal: Lots A RE -2029; Pt S2SW4 of Section 21, T5N, R66W; of the 6th P.M., Weld County, Colorado. Location: North of and adjacent to CR 18; approximately % mile west of CR 31 Parcel Numbers: 1309 21 300059 There are two building permits on record for this parcel; BCS-040076 & PR -0130252 are Final 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 (1 Robert Powell Plans Examiner II Service, Teamwork, Integrity, Quality • cervon lURe • • COLORADO Weld County Referral January 14, 2009 The Weld County Department of Planning Services has received the following item for review: Applicant Please Reply By Project Legal Location Parcel Number Timothy Gonzales Case Number USR-1689 February 15, 2009 Planner Kim Ogle A Site Specific Development Plan and Use by Special Review for a Kennel (24 dogs used to selectively breed and train registered sporting dogs) in the A (Agricultural) Zone District. Lot A RE -2029; Pt S2SW4 of Section 21, T2N, R66W of the 6th P.M., Weld County, Colorado. North of and adjacent to CR 18; approximately''/P mile west of CR 31. 1309 21 300059 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. DC See attached letter. Comments: Nary_ 0 Nevin\ , Signature Agency einmpl o r\ Cfl Date i iC0 COL +Weld County Planning Dept. +918 10th Street, Greeley, CO. 80631 +(970) 353-6100 ext.3540 ❖(970) 304-6498 fax V &trig • WIiDc • • MEMORANDUM To: Kim Ogle, Planning Manager January 16, 2009 From: Bethany Salzman, Zoning Compliance Officer II Subject: USR-1689 Referral Upon review of my case files and computer, an active Zoning Violation (ZCV08-00260) was noted. This violation was initiated due to the presence of too many Household Pets (Kennel) 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 their number of dogs to 4 (four) as allowed as Use by Right. SERVICE, TEAMWORK, INTEGRITY, QUALITY Weld County Planning Department GREELEY OFFICE DEPARTMENT OF NATURAL RESOURCES DIVISION OF WATER RESOURCEigIVED JAN 29 mng January 26, 2009 Bill Ritter, Jr. Governor Harris D. Sherman Executive Director Dick Wolfe, P.E. Director Kim Ogle Weld County Planning Dept. 918 10th Street Greeley, CO 80631 Re: USR-1689 — Timothy Gonzales — Site Specific Development Plan and Use by Special Review for a Kennel (24 dogs used to selectively breed and train registered sporting dogs) in A (Agricultural) Zone District Dear Mr. Ogle: This referral does not appear to qualify as a "subdivision" as defined in Section 30-28- 101(10)(a), C.R.S. Therefore, pursuant to the State Engineer's March 4, 2005 memorandum to county planning directors, this office will only perform a cursory review of the referral information and provide comments. The comments do not address the adequacy of the water supply plan for this project or the ability of the water supply plan to satisfy any County regulations or requirements. In addition, the comments provided herein cannot be used to guarantee a viable water supply plan or infrastructure, the issuance of a well permit, or the physical availability of water. According to the referral information the operation will be served by an existing domestic well, however no well permit number was provided. The State Engineer's Office records show that the well permit number for the property is 67843-F. Well permit no. 67843-F was issued on January 14, 2009 for the change/expansion of use of an existing well permit no. 234052 (canceled). The use of ground water from this well is limited to ordinary household use inside one (1) single family dwelling, the watering of not more than four (4) large, non-commercial domestic animals, the watering and cleaning of a dog kennel (maximum of 24 dogs), and the irrigation of not more than 4,000 square feet of home gardens and lawns. The annual amount of ground water to be appropriate by this well shall not exceed 0.6 acre-feet. Based on the uses described above this office has no objections to use well permit no. 67843- F to supply the proposed kennel, as long as the well is being used within the conditions of approval of well permit no. 67843-F. Should you have any questions in this matter, please contact loana Comaniciu of this office. Sincerely, a Williams, P.E. Resource Engineer JMW/IDC Office of the State Engineer 1313 Sherman Street, Suite 818 • Denver, CO 80203 • Phone: 303-866-3581 • Fax: 303-866-3589 www.water.state.co.us Page 1 of 1 Kim Ogle • From: Leslie, Jennifer[Jennifer.Leslie@ag.state.co.us] Sent: Wednesday, April 15, 2009 10:30 AM To: Lauren Light; Kim Ogle Cc: tgonzo007@aol.com Subject: RE: PACFA Licensing (ref: USR-1689) Dear Ms. Light and Ms. Ogle: Mr. Gonzales and I have had multiple communications regarding the proposed facility in Weld County. He is required to have a PACFA license because he shelters more than 15 dogs. (He does not anticipate his dogs whelping more than two litters per license year. And, he will not be boarding/training client dogs for compensation in the absence of the owner. These activities would require a PACFA license.) If Mr. Gonzales is granted his permit from your office on May 5, 2009, we would expect an application for a PACFA license immediately, thereafter. If his license is denied, our expectation would be he reduce the number of dogs on the property to 15 or less. It's my understanding your threshold would be four dogs. Ms. Gonazles has been extremely cooperative and is eager to be in compliance with our Rules and Regulations. Please contact me if I can be of further assistance. Sincerely, Jennifer Leslie, CVT PACFA Inspector, northern Colorado Colorado Department of Agriculture Division of Animal Industry • State Veterinarian's Office • (303) 886-8848 cell phone division fax # (303) 239-4164 4/15/2009 Hello