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INVENTORY OF ITEMS FOR CONSIDERATION
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Referral List
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weld eeu:n;cu Sheriffs Office, referral date/JavruavlU 19, 2009
School District RE -R, referral datecJowua vU 20, 2009
ofSPA-APHIS (L<SDA-AV/OI.ab 9 Plant Health f vvspecttovv Sevvvice) referral
dated)av,uarUL 20, 2009
Golorad.o DLVbsi.ov of WAdLLfe, referral ted Jawuar, 21, 2009
GoLorado Departvvtent of T ravusoor`_attovu (CD OT), re ferrOL tedl )awua v 22,
2009
Pout L.tptov, Dire Proteotbovv District, referral dote/Jawc!avljj 25, 2009
0btV of Port Luptow, referral dated FebvuarLu 4, 2009
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in/e12! Couvut9 LOALvvo' Co vvrLLavvoe, referral dated)ay.uarLu 1,22, 2009
weld. 0ouwtu Departwoevut of FuLbdin0 inspectoov., referral datedJanuarH 2s,
2009,cn4 4_4_09
Colorado Dtibsiov of water Resource, referral dated.Javuarlf 20, 20019
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weld couwtuu nepa vthe.ewt of Public tteaLth awd s v rowwtewt, referral dated
PebruanJ- 12, 20Q9
weld CouwtDepart,aewt of Public works, referral dated Februard 18, 2009
state nepartwtewt of RgrcuLture — Pet RwlvuaI, Care PaolLlttes Act, evvoLl dated
April 15, 2009
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COLORADO
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LAND USE APPLICATION
SUMMARY SHEET
Case Number: USR-1689 Hearing Date: May 5, 2009
Applicant: Timothy J. Gonzales
Address: 14477 County Road 31, Fort Lupton, CO 80621
Request: A Site Specific Development Plan and a Special Review Permit for a kennel (to
accommodate 24 dogs used to selectively breed and train registered sporting
dogs), in the A (Agricultural) Zone District
Legal Description: Lot A, RE -2029, being part of the S2SW4 Section 21, Township 2 North, Range
66 West of the 6th P.M., Weld County, Colorado
Location: North of and adjacent to County Road 18, and approximately %4 mile West of
County Road 31
Size of Parcel: +/- 2.19 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 from the following agencies without
comment:
▪ Weld County Sheriffs Office, referral dated January 19, 2009
▪ School District RE -8, referral dated January 20, 2009
▪ USDA -APHIS (USDA -Animal & Plant Health Inspection Service) referral dated January 20, 2009
▪ Colorado Division of Wildlife, referral dated January 21, 2009
▪ Colorado Department of Transportation (CDOT), referral dated January 22, 2009
▪ Fort Lupton Fire Protection District, referral dated January 25, 2009
▪ City of Fort Lupton, referral dated February 4, 2009
The Department of Planning Services' staff has received responses from the following agencies with
comment:
▪ Weld County Zoning Compliance, referral dated January 16, 2009
▪ Weld County Department of Building Inspection, referral dated January 23, 2009
▪ Colorado Division of Water Resource, referral dated January 26, 2009
▪ Weld County Department of Public Health and Environment, referral dated February 12, 2009
▪ Weld County Department of Public Works, referral dated February 18, 2009
GONZALES: USR-1689
PAGE 1
EXHIBIT
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2009-1202
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The Department of Planning Services' staff has not received responses from the following agencies:
▪ Platte Valley Soil Conservation District
. Fulton Ditch Company
. Kerr-McGee Onshore, LLP
. State Department of Agriculture — Pet Animal Care Facilities Act
GONZALES: USR-1689
PAGE 2
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COLORADO
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SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Planner: Kim Ogle
Case Number: USR-1689 Hearing Date: May 5, 2009
Applicant: Timothy J. Gonzales
Address: 14477 County Road 31, Fort Lupton, CO 80621
Request: A Site Specific Development Plan and a Special Review Permit for a kennel (to
accommodate 24 dogs used to selectively breed and train registered sporting
dogs), in the A (Agricultural) Zone District
Legal Description: Lot A, RE -2029, being part of the S2SW4 Section 21, Township 2 North, Range
66 West of the 6th P.M., Weld County, Colorado
Location: North of and adjacent to County Road 18 and approximately '/a mile West of
County Road 31
Size of Parcel: +/- 2.19 acres Parcel Number: 1309-21-3-00-059
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
The submitted materials are in compliance with the application requirements of Section 23-2-260
of the Weld County Code.
2. It is the opinion of the Department of Planning Services' staff that the applicant has shown
compliance with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
Section 22-2-20 A.Goal 1 states, "Respect and encourage the continuation of agricultural
land uses and agricultural operations for purposes which enhance the economic health
and sustainability of agriculture." The parcel on which the Kennel facility is located is a
Recorded Exemption created in March 1998 and consists of approximately 2.19 acres.
There are existing improvements: Mr. Gonzales' residence, and a separate kennel
building, thereby making it impractical to utilize the site.
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GONZALES: USR-7689
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B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A
(Agricultural) Zone District. Section 23-3-40.K of the Weld County Code provides for
Kennels (to accommodate 24 dogs used to selectively breed and train registered sporting
dogs), in the A (Agricultural) Zone District.
Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses. The existing kennel, which has an active zoning violation
(ZCV-08-00260) for the presence of too many household pets, is seeking approval at this
location is 310 feet to the West of a single family residence [Gonzales] and 710 North of
a single family residence [Maier]. The Aristocrat Ranchettes subdivision is located
approximately 0.5 miles to the East of this facility. The kennel is 365 feet North of
County road 18, sited behind the owner's residence. The Fulton Ditch borders the
property to the west. Two letters of support were received with the application materials
the first from Louis and Jolene Gonzales, neighbors to the east of the property and
Manuel Luis, a neighbor 0.25 miles north and east of the property. Multiple kennels are
located to the East near the intersection of County Roads 18 and 31. Staff contends that
the Development Standards and Conditions of Approval will ensure that this use is
compatible with adjacent uses.
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 City of
Fort Lupton. The City in a referral dated February 4, 2009, indicated they had reviewed
the request and find no conflicts with their interests.
E. Section 23-2-220.A.5 -- The site is not located within the floodplain as defined by the
FIRM Community Panel Map 080266-0868C, dated September 28, 1982.
Effective January 1, 2003, Building Permits issued on the proposed lots will be required
to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11)
Effective August 1, 2005, Building permits issued on the subject site will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40)
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve
prime agricultural land in the locational decision for the proposed use. The site is located
in land designated as "Other [50%] and Prime [50%]" according to the according to the
U.S.D.A. Soil Conservation Map, dated 1979.
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.
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GONZALES: USR-1689
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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-1689. (Department of Planning Services)
B. The plat shall be amended to delineate the following:
1. The attached Development Standards. (Department of Planning Services)
2. County Road 18 is designated on the Weld County Road Classification Plan as a
collector status road, which requires 80 feet of right-of-way at full build out. There
is presently 60 feet of right-of-way. An additional 10 feet shall be delineated on
the plat as future County Road 18 right-of-way. All setbacks shall be measured
from the edge of future right-of-way. The applicant shall verify the existing right-
of-way and the documents creating the right-of-way. If the right-of-way cannot be
verified, it shall be dedicated. This road is maintained by Weld County.
(Department of Public Works)
3. The type and size of the proposed trees shall be indicated on the plat. Trees
should be a minimum of 2.5 inch caliper in size if deciduous and/or six feet in
height if evergreen species. (Department of Planning Services)
4. If a sign is proposed, the location shall be shown on the plat a minimum of 20 -
feet to the north of future right-of-way for County Road 18. The size of the sign is
limited to 16 square feet. (Department of Planning Services)
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)
6. The applicant shall delineate the internal circulation pattern
7. The applicant shall delineate the location of the water quality control feature.
C. The applicant shall address the requirements of the Weld County Department of Public
Health and Environment as outlined in their referral received February 12, 2009.
The applicant shall provide written evidence to the Weld County Department of
Public Health and Environment 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 the Weld County
Department of Public Health and Environment. (Department of Public Health and
Environment)
GONZALES: USR-1689
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2. 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. Evidence of Health Department approval shall be provided to the
Department of Planning Services. (Department of Public Health and
Environment)
3. Alternately to item #3 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. Evidence of Health Department approval shall be provided to the
Department of Planning Services. (Department of Public Health and
Environment)
The applicant shall submit two (2) 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)
The Department of Planning Services respectively requests a digital copy of this Use by Special
Review, as appropriate. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation);
acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files
format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable).
Thisdigitalfilemaybesenttomaps@co.weld.co.us. (Department of Planning Services)
GONZALES: USR-1689
PAGE 6
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Timothy Gonzales
USR-1689
1. The Site Specific Development Plan and a Special Review Permit for a kennel (to accommodate
24 dogs used to selectively breed and train registered sporting dogs), in the A (Agricultural) Zone
District, and subject to the Development Standards stated hereon. (Department of Planning
Services)
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 are by appointment only and during normal business hours of 8AM to 6PM
Monday through Sunday. (Department of Planning Services)
4. The facility shall be limited to no employees. (Department of Planning Services)
5. Dogs shall be kept indoors during night-time hours (7 PM to 7 AM). (Department of Planning
Services)
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)
All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
8. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal
Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health and
Environment)
9. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions.
(Department of Public Health and Environment)
10. The applicant shall operate in accordance with the approved "waste handling plan", at all times.
(Department of Public Health and Environment)
11. The applicant shall comply with the Colorado Department of Agriculture (CDA), Division of Animal
Industry, if applicable. (Department of Public Health and Environment)
12. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be
operated in accordance with the approved dust abatement plan at all times. (Department of
Public Health and Environment)
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GONZALES: Usti -1689
PAGE 7
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13. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone
as delineated in 14-9-30 of the Weld County Code. (Department of Public Health and
Environment)
14. Adequate handwashing and toilet facilities shall be provided for visitors of the facility. (Department
of Public Health and Environment)
15. 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)
16. The facility shall utilize the existing private water supply, (Well Permit No. 67843-F) (Department
of Public Health and Environment)
17. 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. 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)
21. The applicant must take into consideration storm water capture/quantity and provide accordingly
for best management practices. (Department of Public Works)
22. 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)
23. The existing access to the parcel shall remain the primary point of ingress and egress.
(Department of Public Works)
24. There will be no parking or staging of vehicles associated with this facility on the County Roads.
(Department of Public Works)
25. 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)
26. 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)
27. The landscaping on site shall be maintained in accordance with the approved Landscape Plan.
(Department of Planning Services)
28. The property owner shall allow any mineral owner the right of ingress or egress for the purposes
GONZALES: USR-1689
PAGE 8
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of exploration development, completion, recompletion, re-entry, production and maintenance
operations associated with existing or future operations located on these lands. (Department of
Planning Services)
29. The property owner acknowledges that mineral owners and lessees have real property interests
that entitle them to surface use in accordance with Colorado State Statutes and applicable
Colorado oil and Gas Conservation Commission regulations. (Department of Planning Services)
30. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
31. The property owner or operator shall be responsible for complying with the Operation Standards
of Section 23-2-250, Weld County Code.
32. 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.
33. 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.
34. 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.
GoNZALEs: USR-1689
PAGE 9
April 9, 2009
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DEPARTMENT OF PLANNING SERVICES
NORTH OFFICE
918 10TH Street
GREELEY, CO 80631
PHONE: (970) 353-6100, Ext. 3540
FAX: (970) 304-6498
Timothy Gonzales
14477 CR 18
Ft. Lupton CO 80621
Subject: USR-1689- A Site Specific Development Plan and Use by Special Review Permit for a Kennel (24 dogs
used to selectively breed and train registered sporting dogs) in the A (Agricultural) Zone District on a parcel
of land described as Lot A RE -2029; Pt S2SW4 of Section 21, T2N, R66W of the 6th P.M., Weld County,
Colorado.
Dear Applicant:
I have scheduled a meeting with the Weld County Planning Commission on May 5, 2009, at 1:30 p.m. This meeting will
take place in the Hearing Room, Weld County Planning Department, 918 10th Street, Greeley, Colorado. A subsequent
hearing will be held on May 27, 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 often 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 priorto the scheduled Planning Commission Hearing.
If you have any questions concerning this matter, please call.
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AsStsr.
WI�Y�
January 14, 2009
DEPARTMENT OF PLANNING SERVICES
NORTH OFFICE
918 10TH Street
GREELEY, CO 80631
PHONE: (970) 353-6100, Ext. 3540
FAX: (970) 304-6498
Timothy Gonzales
14477 CR 18
Ft. Lupton CO 80621
Subject: USR-1689- Request for 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 on a parcel of land described as Lot A RE -2029; Pt S2SW4 of Section 21, T2N,
R66W of the 6th P.M., Weld County, Colorado.
Dear Applicant:
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 Ft. Lupton Planning Commission
for their review and comments. Please call Ft. Lupton at 303-857-6694 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
Ft. Lupton 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.
Respe lly,
Kim Og
Planner
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PLANNING COMMISSIONERS ANDBOARD OF COUNTY
COMMISSIONERS SIGN POSTING CERTIFICATE
THE LAST DAY TO POST THE SIGN IS APRIL 24, 2008 AND MAY 8, 2008
RESPECTIVELY, THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE
FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE
PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO
A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF
PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE
ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE
DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD
RIGHT-OF-WAY.
I, KIM OGLE, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN
WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE PLANNING
COMMISSIONERS HEAR AND THE BOARD OF COMMISSIONERS HEARING FOR A
SITE SPECIFIC DEVELOPMENT PLAN AND A SPECIAL REVIEW PERMIT FOR A
KENNEL (TO ACCOMMODATE 24 DOGS USED TO SELECTIVELY BREED AND
TRAIN REGISTERED SPORTING DOGS), IN THE A (AGRICULTURAL) ZONE
DISTRICT
KIM OGLE
Name of Person Posting Sign
Signs re of Person Posting Sign
STATE OF COLORADO
) ss.
COUNTY OF WELD
The foregoing instrument was subscribed and sworn to me th
2008. WITNESS my hand and official seal.
Notary Public
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My Commission Expires:
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day of
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A Public Hearing Concernir
THIS PROPERTY Will be Held at:
Commissioners Hearing Ro
Weld County Centennial Cerile
915 Tenth Street Greeley, co
on MAY 27 2001 ;at: I
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:ase Number: WW1 Acres: 2 _-
FOR FURTHER INFORMATION PLEASE CONTACT
%4M c..L.e AT 970-353-6100 ext
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FIELD CHECK
Inspection Date: April 23, 2009
Case Number:
Address:
Request:
USR-1689
Applicant: Timothy J. Gonzales
14477 County Road 31, Fort Lupton, CO 80621
A Site Specific Development Plan and a Special Review Permit for a kennel (to
accommodate 24 dogs used to selectively breed and train registered sporting
dogs), in the A (Agricultural) Zone District
Legal Description: Lot A, RE -2029, being part of the S2SW4 Section 21, Township 2 North, Range
66 West of the 6th P.M., Weld County, Colorado
Location:
Size of Parcel:
North of and adjacent to County Road 18, and approximately Y4 mile West of
County Road 31
2.19 acres
Zoning
Land Use
N
Agricultural
N
Agricultural
E
Agricultural
E
Agricultural/ Residential
S
Agricultural
S
Agricultural/ Residential
W
Agricultural
W
Agricultural
Comments:
Property is on a recorded exemption parcel that is adjacent to an irrigation canal to the
west and rural residential properties to the east. To the south is a farmstead with active
farming operation. County Road 18 is a two lane road that appears to be heavily
traveled. Aristocrat Ranchettes is 0.5 miles east of this property. Utilities are in place
and are North of the road. The property has a single access drive that is graded and
drained. Fronting the property is a split rail white fence with gate. The site is fenced
adjacent to the east property line. The residence is to the south with the kennels to the
north, south of the accessory building. Two horse trailers are also parked on the
property, north of the accessory structure. Landscape treatment is in place. The
property is well kept and maintained.
/House(s)
zrAccess to Property
vOther Animals On -Site - Horses
Ditch
,d Site Distance
j' Outbuilding(s)
Note any commercial business/commercial vehicles that are operating from the site.
• January 12, 2009
Department of Planning Services
Greeley Planning Office
918 Tenth Street
Greeley, Colorado 80631
Ref: Email letter dated January 11, 2009
Ref: PA08-094
Subject: 7 -Day review of USR application for a 24 -dog Kennel
Dear Kim,
I am providing a response to the letter received from you regarding the 7 day review of USR application.
Planning Services
On item requires address specific to the oil and gas interests, if any, for the property. Who has the
leasehold interest for minerals on the property?
•
Response: Please find attached information from Title Commitment document identifying oil and gas
interests.
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.
1.1 A commercial well permit is required
Response: The current application is not for commercial purposes. The kennel is private. I have
calculated how much water our animals use. The amount is well within the current usage specified on our
well permit of .55 acre-foot.
2.1 The septic system(s) for the kennel requires review by a registered engineer
Response: Our plan is to address this as part of the development process.
3.1 Environmental Health will not allow drains to the outside
Response: This should be resolved as part of item 2 above. The drains are used to transport dish soap
and water when kennels are cleaned.
Public Works
1.1 Site Plan Review: On the site plan show the water quality capture volume features plus easements.
Use a larger scale to enable more details to be determined.
—1—
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Response: Site Plan has been updated to show the water quality capture volume features plus
easements at a larger scale.
3.] Preliminary Drainage Report: The Weld County Public works has waived the drainage report
requirement but, a water quality capture volume calculation is required see Urban Drainage and
Flood Control District; Volume III; section 4.4.2 for the calculation procedure. The web site address is
as follows http://www.udfcd.orq.
Response: The calculation has been captured on the updated Site Plan. The calculation is based on a
two calculations. 1) bam / kennel and 2) parking area.
Barn and Kennel
1a=100.00%
1=1
Area = (Barn 30' X 4011+ Kennel runs 12' X 40') = 1680 sq ft
Parking Area
la = 40.00 %
I = 0.40
Area=(20'X60')= 1200sgft
I (weighted) = (((1680 * 1) + (1200 *0.40)) / (1680 + 1200)) = 0.75
Total Area = 1680 + 1200 = 2880 sq ft
WQCV = (1 (0.91 * 0.753) - (1.19 * 0.752) + (0.78 *0.75)) = 0.2995 watershed inches
Design Volume = (0.2995 I 12) *2880 = 71.88 cubic feet
Timothy Gonzales
14477 County Road 18
Fort Lupton, Colorado 80621
Attachment: Oil and Gas interests
—2_
• •
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COLORADO
January 11, 2009
Timothy Gonzales
14477 County Road 18
Fort Lupton, CO 80621
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 24 -dog Kennel
Dear Tim:
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
On item requires address specific to the oil and gas interests, if any, for the property. Who has the
leasehold interest for minerals on the property?
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.
1.1 A commercial well permit is required
2.] The septic system(s) for the kennel requires review by a registered engineer
3.] Environmental Health will not allow drains to the outside
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 Review
> Traffic Study
> Preliminary Drainage Report
➢ Geotechnical Soils Report
1.] Site Plan Review: On the site plan show the water quality capture volume features plus easements. Use
a larger scale to enable more details to be determined.
• •
•
•
•
2.] Traffic Study: The Weld County Public works has waived the traffic study requirement.
3.] Preliminary Drainage Report: The Weld County Public works has waived the drainage report requirement
but, a water quality capture volume calculation is required see Urban Drainage and Flood Control District;
Volume III; section 4.4.2 for the calculation procedure. The web site address is as follows
http://www, udfcd. orq.
4.] Geotechnical Soils Report: The Weld County Public works has waived the Geotechnical Soil Report
requirement.
Flood Hazard Development Permit: This permit is not required since this parcel is in a Zone C per FIRM map
number 080266 0868 C.
In summary, the Departments of Planning Services, 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 on or before January 15, 2009.
ri
cerely,
Kim
Planning Services
cc: L. Light, Environmental
D. Dunker, Public Works
B. Salzman, Compliance
File: PAN -094
7 -Day Completeness
Review
PA# PA08-094 Case File, pre -application
SUBJECT:
Pre -Application Meeting prior to submitting USR for a 24 dog Kennel
All facilities are located on Lot A RE -2029; Part of the S2SW4 Section 21, Township 2
North, Range 66 West of the 6th P.M.; Situs Address is 14477 CR 18
o Public Works E Health ❑ Building di Planning
Comments:
l\,A Y1Zs
•
•
epflG — I&!j# -
Date: January 5, 2009, Comments Due No Later than January 15, 2009
• •
111k.
COLORADO
•
•
TO: Kim Ogle, Planning Services DATE: Janu R
FROM: Don Dunker, P.E. Public Works ,
SUBJECT: Pre -Submittal, USR for a 24 dog Kennel — Tim
Gonzales
Weld County Planning Department
GREELEY OFFICE
MEMORANDUM ,I^s.l ng"°°
WED
I have reviewed the pre -submittal application; the Public Works Department shall be looking for
four critical items:
➢ Site Plan Review
➢ Traffic Study
➢ Preliminary Drainage Report
➢ Geotechnical Soils Report
Site Plan Review: On the site plan show the water quality capture volume features plus
easements. Use a larger scale to enable more details to be determined.
Traffic Study: The Weld County Public works has waived the traffic study requirement.
Preliminary Drainage Report: The Weld County Public works has waived the drainage report
requirement but, a water quality capture volume calculation is required see Urban Drainage and
Flood Control District; Volume III; section 4.4.2 for the calculation procedure. The web site
address is as follows http://www.udfcd.orq.
Geotechnical Soils Report: The Weld County Public works has waived the Geotechnical Soil
Report requirement.
Flood Hazard Development Permit: This permit is not required since this parcel is in a Zone
C per FIRM map number 080266 0868 C.
Summary: The Public Works Department feels that the applicant can submit the application
per the above requirements.
pc:
email and pc:
Pre -Submittal- USR for a 24 dog Kennel — Tim Gonzales
Kim Ogle, Planning Services
M:\PLANNING — DEVELOPMENT REVIEW\7-DayCompletenessReviews\2009\USR-24 dog Kennel - Tim Gonzales.doc
• •
WELD COUNTY PUBLIC WORKS
' Do, gag., — PDr
clz-/P cc -3/
Pre -Application Meeting Check List:
ii/oc./o.
Dolt, Dw-A--
(970). -4. V9'
ter. 37sy
> USR )( SPR PUD Minor Sub
> Site Plan: /flVc.76 Kies_. %4-1 01 SC7n 54oc.Es cCas 5iAs -
3i4 €., Cgal",i/a-+ oN s17e; stfna '7%'8 ,ia w, Y7/frd?-din? S7cN/0C4Z
> Traffic Study, if required: 4 - via- ,vvr�r S
oy' VeHicCEe Ro' P..4j
> Preliminary Drainage Report: &iu Ac y /4 .A A7� (Pall/7?' F�7a-
Z CLuoe Haw # P/s•lv..v t 1Jrirv6AJyJ - pm, Z Z4J *of -
L
> Geotechnical Soil Report: 7%7 ,c-p„�N wa.. ""''f`'`�
04-4
Flood Hazard Development Permit ouch /,C-
/07 - yK /=e -Ave ,Ee&uc re ' F ,&4f u
> Other: maid ,ice itacuv7.••eO
V,7s2 R..s A[or8 weer S,,c
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Attachment:
➢ Weld County Road Access Information Sheet
➢ Public Works Development Review Fee Invoice Sheet
➢ Preliminary Drainage Report Outline
➢ Final Drainage Report Outline
➢ Scope of Work for Traffic Impact Study
M.\PLANNING — DEVELOPMENT REVIE WWORMSPreApplicarionMccungCheckList. doc
•
L
•
Weld County Planning Department
GREELEY OFFICE
.IAN 09 9(Htt1
• 7 -Day CompletenefiCEIvE°
Review
PA# PA08-094 Case File, pre -application
SUBJECT:
Pre -Application Meeting prior to submitting USR for a 24 dog Kennel
JAN a 3 ?nng
ENVIRONMENTAL HEALTH
SERVICES
All facilities are located on Lot A RE -2029; Part of the S2SW4 Section 21, Township 2
North, Range 66 West of the 6'" P.M.; Situs Address is 14477 CR 18
o Public Works
Comments:
Health ❑ Building n Planning
• 5 -6c -k-o ' r<3Q4 rst , onco
COI- V 4ini\
a
‘f)c OiiVirls +o
C� o P\ suc j $ S t J V' i.An ,it � .
C 04 --vo rq-Wv1x1k
Date: January 5, 2009, Comments Due No Later than January 15, 2009
•
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• At;;I
Wilk
COLORADO
•
•
MEMORANDUM
TO: PA08-094; Case File, pre -application
DATE: November 6, 2008
FROM: Kris Ranslem, Planning Technician
SUBJECT: Pre -Application Meeting prior to submitting USR
%1N9
WV:U E:NIAL HEALTH
cgVICES
Attendees:
Timothy Gonzales, Applicant
Don Dunker, Public Works
Kim Ogle, Planning
Chris Gathman, Planning
Kris Ranslem, Planning
Ann Siron, Zoning Compliance
On Thursday, November 6, 2008 an informal discussion took place at the Greeley Administrative
Offices Conference Room regarding a proposed USR for a kennel facility. (The legal description is
Lot A RE -2029; Part of the S2SW4 Section 21, Township 2 North, Range 66 West of the 6t" P.M.;
Situs Address is 14477 CR 18)
Background Information:
The applicant is currently operating a kennel on this property and is in violation. The site
encumbers approximately 2.19 acres.
The applicant stated that the property is used to breed, raise, and train sporting dogs,
specifically Britney Spaniels and German Shorthair dogs. Currently they have older dogs (7+
years) and three 2 year old dogs. The applicant stressed that they will not have any more than
24 dogs on site.
If the dogs are bred then they are typically sold at 8 weeks old. The applicant indicated that
when training these dogs he uses the northern portion of this property as well as adjacent
neighbors' properties to allow training on different terrain. He also indicated that he may take
them to properties over by Nunn as well.
There will be no additional employees; only his wife and he will operate the kennel. Any
customers that come to the site will be by appointment only. Parking is located in area
southwest of house.
Health
Water is serviced by a domestic well. Septic system is located southeast of house.
There is an existing pole barn on site which houses the kennel. There are indoor/outdoor runs
on the south side of the pole barn. There is no water to the pole barn. The interior drains to the
outside of the building. Planning Staff indicated that the applicant will be required to drain it into
a vault system or to the existing septic system per Health code requirements.
Planning Staff directed applicant to visit with the Health Department with regard to the well. Staff
•
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•
indicated that the Office of the State Engineer will determine if the applicant needs to submit an
application to change the use of the well to commercial.
Public Works
The applicant will need to submit a Site Plan which identifies the visitor parking, circulation, and
access.
No traffic study will be required; however the applicant must supply an estimated number of
vehicles per day/week or month.
No Geotechnical Report or Flood Hazard Development Permit will be required.
Public Works will not require a full Preliminary Drainage Report; however a water quality feature
will be required for the site located in the historic low spot, east of the residence.
Zoning Compliance
Per Bethany Salzman, the applicant has 60 days to complete the USR. Salzman will follow up
with a letter to the applicant. Application for 7 -day review is due into this office no later than
January 6, 2009.
Planning
There are two exterior lights located on the south side of the pole barn controlled by switches
which shines down on the dog runs, south of the pole barn.
According to the applicant, he has contacted all of the surrounding property owners regarding
the kennel and expressed that the neighbors are in support of the kennel and have no concerns.
Staff indicated that oil and gas didn't seem to be an issue
Staff explained the USR process - that the applicant shall submit 4 packets for a 7 day
completeness review. Once the 7 day completeness review is complete the applicant will be
informed of what items are still required to make the applicant complete. After the completed
application is submitted 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
the 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.
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