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HomeMy WebLinkAbout20092989.tiffINVENTORY OF ITEMS FOR CONSIDERATION Applicant Anthony & Sherry Reis Case Number USR-1714 Submitted or Prepared Prior to Hearing At Hearing 1 Staff Comments X Department of Planning Services Field Check Form X Letter to Applicant X Legal Notifications X 2 Application X Maps X Deed/ Easement Certificate Surrounding Property / Mineral Owners X Utilities 3 Referral List X Referrals without comment X Colorado Division of Wildlife received 8/25/2009 X 4 Referrals with comments X Weld County Department of Public Works referral received 9/14)2009 X Weld County Department of Public Health and Environment referral received 9/3/2009 (3 pages) X Weld County Code Compliance referral received 8/13/2009 (2 pages) X Weld County Department of Building Inspection referral received 9/17/2009 X Town of Keenesburg referral received 8/19/2009 X Colorado Department of Agriculture — Division of Animal Industry referral received 8/20/2009 X E-mail from Kris Ranslem re: Southeast Weld Fire Protection District referral received 10/16/2009 X 5 Surrounding Property Owners/Mineral Owners - Letters ti /p 6 PC Exhibits A Sign Posting Certificate i -I r i; ('�.r„i1�.;�, X 7 Planning Commission Resolution `&--- .. p_r ty n r/Miner^I ryo. Nateek:-_ • err r I hereby certify that the 13 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commissioners hearing. Chris Gathman Planner 2009-2989 I EXHIBIT k us2-nl4 i • a:vo COLORADO S LAND USE APPLICATION SUMMARY SHEET Case Number: USR-1714 Hearing Date: November 3, 2009 Applicant: Anthony & Sherry Reis (Faithfull Grooming LLC) Address: 29825 County Road 398, Keenesburg, CO. 80643 Request: A Site Specific Development Plan and a Special Review Permit for a kennel (up to 30 dogs of a non-specific breed including dog grooming, boarding, daycare, and training) in the A (Agricultural) Zone District Legal Description: Lot A of RE -3481; located in Part of the NW4 Section 25, Township 2 North, Range 64 West of the 6th P.M., Weld County, Colorado Location: North of and adjacent to County Road 398 and approximately % mile East of County Road 59 Size of Parcel: +/- 7 acres 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 with comments from the following agencies: Weld County Zoning Compliance, referral received 8/13/2009 • Weld County Department of Public Health and Environment, referral received 9/3/2009 • Weld County Department of Public Works, referral received 9/14/2009 • Weld County Department of Building Inspection, referral received 9/17/2009 • Town of Keenesburg, referral received 8/19/2009 • Colorado Department of Agriculture — Division of Animal Industry (State Veterinarian's Office) e- mail referral received 8/20/2009 The Department of Planning Services' staff has received responses without comments from the following agencies: • Colorado Division of Wildlife, referral received 8/23/2009 Reis — USR 1714 Page 1 EXHIBIT I • • • The Department of Planning Services' staff has not received responses from the following agencies: Colorado Department of Transportation Brighton -SE Weld Soil Conservation District Colorado Division of Water Resources Weld County Sheriffs Office School District RE -3 Southeast Weld Fire Protection District Reis USR-1714 Page 2 • • • "De. COLORADO SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW Planner: C. Gathman Case Number: USR-1714 Hearing Date: November 3, 2009 Applicant: Anthony & Sherry Reis (Faithfull Grooming LLC) Address: 29825 County Road 398, Keenesburg, CO. 80643 Request: A Site Specific Development Plan and a Special Review Permit for a kennel (up to 30 dogs of a non-specific breed including dog grooming, boarding, doggie daycare, and training) in the A (Agricultural) Zone District Legal Description: Lot A of RE -3481; located in Part of the NW4 Section 25, Township 2 North, Range 64 West of the 6th P.M., Weld County, Colorado Location: North of and adjacent to County Road 398 and approximately 1/4 mile east of County Road 59 Parcel Size: +/- 7 acres Parcel Number: 1305 25 200014 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 G.2. A.Policy 7.2. of the Weld County Code states: "Conversion of agricultural land to nonurban residential, commercial and industrial uses should be accommodated when the subject site is in an area that can support such development, and should attempt to be compatible with the region." Reis — USR 1714 Page 3 • • • Section 22-2-20 I. A.Goal 9 states "Reduce potential conflicts between varying land uses in the conversion of traditional agricultural lands to other land uses." The application indicates that there will be no outside employees (the owner will be sole employee). Dog grooming will be by appointment only and boarding/doggie daycare and training hours will be during daylight hours (7 AM to 7 PM). The Department is requiring that any dogs to be boarded overnight be kept indoors during evening hours. 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 (up to 30 dogs of a non-specific breed including dog grooming, boarding, daycare, and training) as a Use by Special Review in the A (Agricultural) Zone District. C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The proposed facility is located approximately 900 feet east of two existing single family residences and approximately 1,800 feet from the nearest residence to the northeast. Agricultural land is located immediately to the north of the site and vacant land is located to the south (across County Road 398 and the railroad). The dog kennels are located on the east side of the residence (the residence screens the kennel enclosure from the nearest residences to the west. Attached 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 Keenesburg and the kennel is located immediately to the north of the town limits of Keenesburg (across County Road 398 and the railroad). The Town of Keenesburg indicated no conflicts with the proposal. e. Section 23-2-220.A.5 -- The site is not located within the floodplain or 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.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 on a 7 (seven) acre parcel with an existing residence and improvements located on the property. Reis USR-1714 Page 4 • • • 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 USR is to correct a zoning violation (ZCV-09-00104) for operating Faithfull Grooming, LLC without first obtaining the necessary Weld County Zoning Permits. Should this application be approved, the violation will be dismissed. If denied, please ask the Board of County Commissioners to forward the case to the County Attorney's Office, but to delay legal action for thirty (30) days to allow the applicant time to reduce the number of dogs onsite to no more than four (4) at any given time. 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. All plat sheets shall be labeled USR-1714. (Department of Planning Services) B. The plat shall be amended to delineate the following: 1. The attached Development Standards. (Department of Planning Services) 2. The water quality feature approved by the Department of Public Works shall be indicated on the plat. The area for the water quality feature shall be state "Reserved Drainage Area, No Build" on the USR site plan. (Department of Public Works) 3. 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) 4. Indicate the scale of the plot plan map. (Department of Planning Services) 5. County Road 398 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. The applicant shall verify and delineate on the plat the existing right-of-way and the documents creating the right-of-way. All setbacks shall be measured from the edge of future 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) Reis — USR 1714 Page 5 • • • C. The applicant shall address the requirements of the Weld County Building Inspection Department as stated in their referral dated September 17, 2009. A building permit shall be obtained for the change of use of the existing outbuilding on the property for the dog grooming business. Evidence of such shall be submitted to the Department of Planning Services. (Department of Building Inspection) D. In the event the applicant intends to utilize the septic system at the existing home for visitor, employee, patron and/or kennel and grooming 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. 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. Alternately to option #1 above, the applicant shall install an individual sewage disposal system for visitor, patrons and kennel and grooming 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. (Department of Public Health and Environment) E. The applicant shall submit written evidence from the Colorado Division of Water Resources, demonstrating that the well is appropriately permitted for the commercial use. (Department of Public Health and Environment) F. 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 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 maps(aco.weld.co.us. (Department of Planning Services) 4. 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) Reis USR-1714 Page 6 • • • SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Anthony & Sherry Reis USR-1714 1. The Site Specific Development Plan and Special Use Permit is for a kennel (up to 30 dogs of a non-specific breed including dog grooming, boarding, doggie daycare, and training) 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. Hours of operation for the Dog Grooming shall be 9:00 AM — 5:00 PM Tuesday -Friday and 10:00 AM to 2:00 PM on Saturdays, Hours of the operation for the Daycare facility shall be from 7:00 AM — 7:00 PM Monday -Sunday, Dog Training classes shall be held during June -August during the hours of 7:00 AM — 9:00 AM . (Department of Planning Services) 4. The facility shall be operated by the owner(s) of the property (no outside employees). (Department of Planning Services) 6. The hours of operation for the boarding facility shall be 24 hours a day 7 days a week. Dogs shall be kept indoors during night-time hours (7 PM to 7 AM). (Department of Planning Services) 7. Thirty (30) is the maximum number of adult dogs allowed on the site at any one time. Dogs over the age of six (6) months are counted in the maximum number of adult dogs in accordance with Section 23-1-90 of the Weld County Code. (Department of Planning Services) 8. 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) 9. 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) 10. 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) 11. 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) 12. The applicant shall operate in accordance with the approved "waste handling plan". (Department of Public Health and Environment) 13. The applicant shall comply with the Colorado Department of Agriculture (CDA), Division of Animal Industry, if applicable. (Department of Public Health and Environment) Reis — USR 1714 Page 7 • • • 14. 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) 15. 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. (Department of Public Health and Environment) 16. Adequate drinking, handwashing and toilet facilities shall be provided for employees, visitors and patrons of the facility, at all times. (Department of Public Health and Environment) 17. 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) 18. The facility shall utilize the existing private water supply. (Well Permit 253316) (Department of Public Health and Environment) 19. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Department of Public Health and Environment) 20. This application is proposing a well as its source of water. The applicant should be made aware that while they may be able to obtain a well permit from the Office of the State Engineer, Division of Water Resources, the quantity of water available for usage may be limited to specific uses, i.e. domestic use only, etc. Also, the applicant should be made aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. We strongly encourage the applicant to test their drinking water prior to consumption and periodically test it over time. (Department of Public Health and Environment) 21. The historical flow patterns and runoff 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) 22. The applicant must take into consideration storm water capture/quantity and provide accordingly for best management practices. (Department of Public Works) 23. Off-street parking spaces including the access drive shall be surfaced with gravel, recycled asphalt, or the equivalent and shall be graded to prevent drainage problems. (Department of Public Works) 24 The applicant shall utilize the existing residential/agricultural access to this parcel and must maintain a 30' turning radius at the access. (Department of Public Works) 25. 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) 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) Reis USR-1714 Page 8 • • • 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. A building permit shall be obtained for the change of use for the dog grooming business and prior to the construction of any new buildings including the dog kennel. (Department of Building Inspection) 29. A plan review is required for each building for which a building permit is required. Plans shall bear the wet stamp of a Colorado registered architect or engineer. Two complete sets of plans are required when applying for each permit. (Department of Building Inspection) 30. 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; 2006 International Mechanical Code; 2006 International Plumbing Code; 2006 International Fuel Gas Code; and the 2008 National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) 31. The kennel will require an engineered foundation based on a site -specific geotechnical report or an open hole inspection performed by a Colorado registered engineer. Engineered foundations shall be designed by a Colorado registered engineer. (Department of Building Inspection) 32. The dog grooming business will be required to be accessible to persons with disabilities. Fire resistance of walls and openings, construction requirements, maximum building height and allowable areas will be reviewed at the plan review. Setback and offset distances shall be determined by the Zoning Ordinance. (Department of Building Inspection) 33. Building height shall be measured in accordance with the 2006 International Building Code for the purpose of determining the maximum building size and height for various uses and types of construction and to determine compliance with the Bulk Requirements from Chapter 23 of the Weld County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County Code in order to determine compliance with offset and setback requirements. When measuring buildings to determine offset and setback requirements, buildings are measured to the farthest projection from the building. Property lines shall be clearly identified and all property pins shall be staked prior to the first site inspection. (Department of Building Inspection) 34. Provide letter of approval from Southeast Weld Fire Protection District prior to construction of any structure and for the change of use. (Department of Building Inspection) 35. 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) 36. The landscaping on site shall be maintained in accordance with the approved landscape plan. (Department of Planning Services) 37. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 38. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. Reis — USR 1714 Page 9 • • • 39. Personnel from the Weld County Departments of Public Health and Environment, Planning Services and Public Works 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. 40. 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 plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 41. 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. Reis USR-1714 Page 10 • fia:11 Mk. COLORADO • • October 15, 2009 DEPARTMENT OF PLANNING SERVICES 918 10TH Street GREELEY, CO 80631 PHONE: (970) 353-6100, Ext. 3540 FAX: (970) 304-6498 Anthony & Sherry Reis 29825 CR 398 Keenesburg CO 80643 Subject: USR-1714- A Site Specific Development Plan and Use by Special Review Permit for a Kennel (up to 30 dogs of a non-specific breed including dog grooming, boarding, doggie daycare, and training) in the A (Agricultural) Zone District on a parcel of land described as Lot A RE -3481; located in Part of the NW4 of Section 25, T2N, R64W of the 6th P.M., Weld County, Colorado. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on November 3, 2009, at 1:30 p.m. This meeting will take place in the Hearing Room, Weld County Planning Department, 918 10' Street, Greeley, Colorado. A subsequent hearing will be held on November 18, 2009 at 10:00 a.m., in the Chambers of the Board of County Commissioners, Weld County Centennial Center, 915 10'" 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 www.co.weld.co.us/departments/planninq/Planninq/plan current If you have any questions concerning this matter, please call. Respectfully, Chris Gathman Planner • • • PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS October 24, 2009. THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICLY 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, CHRIS GATHMAN, 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-1714 IN THE A (AGRICULTURAL) ZONE DISTRICT. CHRIS GATHMAN Name of Person Posting Sign Signature of Person Posting Sign STATE OF COLORADO ) ss. COUNTY OF WELD The foregoing instrument was subscribed and sworn to me this/ day of k 0 UV► iS09. WITNESS my hand and official seal. Cat( Notary Public My Commission Expires: 1 lock /oloho BILLIE J. MOORE NOTARY PUBLIC STATE OF COLORADO EXHIBIT • FIELD CHECK CASE NUMBER: USR-1714 DATE OF INSPECTION: APPLICANT'S NAME: Anthony & Sherry Reis (Faithfull Grooming, LLC) PLANNER: Chris Gathman REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Kennel (up to 30 dogs of a non-specific breed including dog grooming, boarding, doggie daycare, and training) in the A (Agricultural) Zone District. LEGAL DESCRIPTION: Lot A RE -3481; located in Part of the NW4 of Section 25, T2N, R64W of the 6th P.M., Weld County, Colorado. LOCATION: North of and adjacent to CR 398 and approximately 1/4 mile east of CR 59. LAND USE E l � i - cook) S 12 -TO 5 t u; C P i W I Q LP'1 • ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: Z (JAG✓ L°4 i4 C. Member • ti • HELD CHECK • • N A inspection dates: 10/23/2009 APPLICANT: Anthony & Sherry Reis (Faithfull Grooming LLC) REQUEST: 29825 County Road 398, Keenesburg, CO. 80643 LEGAL: Lot A of RE -3481; located in Part of the NW4 Section 25, Township 2 North, Range 64 West of the 6th P.M., Weld County, Colorado LOCATION: North of and adjacent to County Road 398 and approximately % mile East of County Road 59 PARCEL ID #: 1305 25 200014 ACRES: 4- 7 acres CASE #: USR-1714 N Agricultural land E A E Vacant land S A S Vacant land (Keenesburg limits to the SW) W A W Three -single family residences COMMENTS: Existing single-family facility & kennel on property. Chris Gathman - Planner Ill • a(vitii "Dc. O COLORADO • • August 13, 2009 DEPARTMENT OF PLANNING SERVICES 918 10TH Street GREELEY, CO 80631 PHONE: (970) 353-6100, Ext. 3540 FAX: (970) 304-6498 Anthony & Sherry Reis 29825 CR 398 Keenesburg CO 80643 Subject: USR-1714 - Request for a Site Specific Development Plan and Use by Special Review Permit for a Kennel (up to 30 dogs of a non-specific breed including dog grooming, boarding, doggie daycare, and training) in the A (Agricultural) Zone District on a parcel of land described as Lot A RE -3481; located in Part of the NW4 of Section 25, T2N, 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 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 Keenesburg Planning Commission for their review and comments. Please call Keenesburg at 303-732-4281 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 Keenesburg 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, Lc) 41t., Chris Gathman Planner WELD COUNTY COMPLETENESS REVIEW REVIEW DATE: July 29, 2009 TYPE OF APPLICATION: Use by Special Review (USR) NARRATIVE: A USR for dog grooming, boarding, daycare and training LEGAL DESCRIPTION: Lot A, RE -3481; Part of the NW4 of Section 25, T2N, R64W COMPANY NAME/REPRESENTATIVE/OWNER: Property Owner - Anthony & Sheri Reis PARCEL NUMBER: 1305-25-2-00-014 SECTION - TOWNSHIP - RANGE: 04-02-64 PLEASE NOTE: The following completeness review 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. Please submit a copy of this form when you submit a formal Land Use Application. If you have any questions regarding the process and/or application please call Chris Gathman at 970-353-6100 extension 3537, or email at cgathman@co.weld.co.us REVIEW: After the completeness review process, please submit your formal Land Use Application to the Department of Planning Services. Be sure all items on the submittal checklist are submitted in addition to the items outlined in the pre -application meeting and completeness review. An incomplete Land Use Application submittal will not be accepted. Staff requires that the applicant submit the information requested below Weld County Department of Planning Services Greeley Office 918 10th Street, Greeley CO 80631 Phone: 970-353-6100 x3540 Fax: 970-304-6498 WELD COUNTY REVIEW STAFF: Planning: Chris Gathman: Public Works: Clay Kimmi Health: Lauren Light Building: Robert Powell 970-353-6100 ext. 3537 970-356-4000 ext. 3750 970 356 4000 ext 2702 970 356 4000 ext. 3540 PLANNING COMMENTS The Department of Planning Services has completed its 7 -Day Completeness Review and requires the following items to be addressed: One (1) complete certificate of conveyances form and attachments (certified within 30 days of application submittal) shall be submitted to the Department of Planning Services. BUILDING COMMENTS The Department of Building Inspections has reviewed the 7 -Day Completeness Review and states that a building permit will be required for any structures built or change of use of any building. PUBLIC WORKS COMMENTS The Department of Public Works has completed its 7 -day Completeness Review and requires the following items to be submitted: Preliminary Drainage Report: A preliminary drainage report is not required for the application. However, the applicant was informed at the Pre -App meeting that they would need to provide a water quality feature. The calculations and supporting documentation for the water quality feature were not included with the application. The methodology for calculating the water quality feature size can be found in Volume 3, Section 4.4.2 of the Urban Storm Drainage Criteria Manual. The manual can be downloaded from or the applicant can contact Clay Kimmi at 970- 304-6496 x 3741 to obtain a PDF of the appropriate pages. The applicant also needs to address item 8 in the Site Specific Development Plan and Use by Special Review (USR) Questionnaire. The applicant must provide a short description of the historic storm water flows across the property and how their application will affect those flows. The description shall include but not be limited to: where the water originates if it flows onto the property from an offsite source, where it flows to as it leaves the property, the direction of flow across the property, and if there have been previous drainage problems with the property. The application shall also provide flow arrows on the map showing where the storm water starts, how it goes across the property, and where it leaves the property. Weld County Department of Planning Services Greeley Office 918 10th Street, Greeley CO 80631 Phone: 970-353-6100 x3540 Fax: 970-304-6498 WELD COUNTY HEALTH DEPARTMENT COMMENTS The Health Department has reviewed the 7 -Day Completeness Review and has noted the following: 1. The existing septic system is an engineered designed system. They may want to contact an engineer prior to submittal to ensure the system can handle the additional flow for people as well as animals. We can add this as a condition of approval but it might require an upgrade that could lead to additional expenses. 2. We will need a copy of the commercial well permit approved by the division of water resources. This can be added as a condition of approval. 3. A detailed waste handling plan will be required. 4. A dust abatement plan will be required. Weld County Department of Planning Services Greeley Office 918 10th Street, Greeley CO 80631 Phone: 970-353-6100 x3540 Fax: 970-304-6498 • MEMORANDUM • • 111k COLORADO TO: DATE: FROM: SUBJECT: PA09-053; Case File, pre -application May 20, 2009 Kris Ranslem, Planning Technician Pre -Application Meeting prior to submitting USR for dog kennel/grooming/training Attendees: Tony Reis, Applicant Sherry Reis, Applicant Don Dunker, Public Works Lauren Light, Environmental Health (via phone) Frank Piacentino, Building Michelle Martin, Planning Chris Gathman, Planning Jacqueline Hatch, Planning Kris Ranslem, Planning Bethany Salzman, Zoning Compliance On Wednesday, May 20, 2009 an informal discussion took place at the Greeley Administrative Offices Conference Room regarding a kennel. (The legal description is Lot A RE -3481 part of the NW4 of Section 25, Township 2 North, Range 64 West of the 6th P.M.; Situs Address is 29825 CR 398) Background Information: The applicants operate a dog grooming business as well as provide doggie daycare, agility training and possibly dog breeding in the future. The dog grooming is performed in the applicant's unfinished basement. A 41 x 12 foot kennel provides the dogs shelter and is equipped with doggie doors for them to run at their leisure into the fenced play areas. They indicated that they would like to expand the kennel business and add two additional buildings. Currently, only the applicant is the employee of the business; however they hope that if this business expands they may have employees in the future. The agility training would be seasonal and would be located in the parking or play areas. Currently with the dog grooming and kennel the applicant may have up to 30 dogs at any given time. They also expressed the potential to have up to 100 dogs at any given time in the future. Health Department The applicants have a well and septic system. Staff informed the applicant that due to the commercial nature of the business they will need to obtain a commercial reclassification on their well through the Division of Water Resources. Septic Permit No. SP0400011 is sized for eight (8) people. The septic system will need to be evaluated by an engineer for sufficient adequacy. The applicant may view a list of engineers on the Weld County Health Department's webpage • • • • • http://www.co.weld.co.us/departments/health/environmental/sewage/health sewage lists.cfm?lo adseptic=engineer The applicant will need to submit their license through the Department of Agriculture. The applicant will also need to provide a description of how the dog waste is disposed of. Building Department The applicant has a 30 x 60 foot barn which houses the applicants' tractor and miscellaneous items. The applicant will need to submit a building permit for the 41 x 12 foot kennel. A Change of Use application will need to be submitted for the dog grooming business in the basement of the house. Staff indicated that they will need to meet ADA standards; however staff will evaluate and make determination at time of plan review. Staff informed the applicant that along with the building permit fees there are associated fees such as Road Impact fees, etc. The applicant can contact the Building Department for an estimation of fees. Public Works No Traffic Study is required; however the applicant must submit an estimate traffic trip count (the applicant indicated approximately 36-40 trips per day). The applicant will need to provide a Site Plan which identifies traffic circulation and parking area (along with description of material). No Drainage Report is required; however a water quality feature will need to be provided. No Geotechnical Report is required. The site is not located in a regulated FEMA floodplain; therefore no Flood Hazard Development Permit will be required. Zoning Compliance Staff informed the applicant that a violation hearing is scheduled for August 11, 2009. The applicant will have 60 days to submit the completed USR application which will cancel the hearing. Planning Department The applicant indicated that the hours of operation are Tuesday through Saturday from 7 am to 5 pm. The applicant indicated that if business continues to be good and demand calls for the additional kennels they may have potentially up to 100 dogs. Staff recommended that the applicants visit with their neighbors of the current business as well as any future plans. The applicants indicated that they have good relationships with their surrounding neighbors. Staff urged the applicant to contact staff for any questions: Planner On Call (Greeley office) Monday and Wednesday 7:30 am to 4:30 p.m. and Tuesday and Thursday 7:30 to 11:30 a.m. Planner On Call (Longmont office) Tuesday and Thursday 12:30 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 • I • what items are still required to make the application complete. 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. End memorandum. Hello