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HomeMy WebLinkAbout20092126.tiff• • AppLi.c.2At coyNE INVENTORY OF ITEMS FOR CONSIDERATION case NuoAber last.I o7 Sbt Efrkz:%eark FrEF;?r?5? Priov C., At HgOrLr.P He2vw..o, 1 staff covv.vaeihto x Aspa t e+n,t of PLOwvivvP sernces FLeid Check- F0'YVV. X PLPv,AdLwa CCvv_rAksomy FLeLc CinealR.. Eoiink / Letter to AppLLca At, doter, u;c Cl do °I x AffdovLt of s%avt p0sti,v,L? x LeanL NotLflcatLovvs x 2 <tpplLcofovv x IA Pps Aeed! Easewo.er • certifLcPte surrouvoll. a Propert j /.M veralOviv,evs vtLLtLes 3 .efevraL LLst x Ref erro±s /At'Nour cow.vaev,,t ✓ Weld County Sheriffs Office, referral dated 4/20/09 Weld County School District RE -8, referral dated 4/20/09 City of Dacono, referral dated 4/16/09 - Weld County Department of Planning Services, Landscape referral dated 4/17/09 x Colorado Division of Wildlife, referral dated 5/7/09 µ i eferroLs wLfr, covvi.v*e vts ,-- Weld County Department of Public Health and Environment, referral dated 5/11/09 Weld County Department of Public Works, referral dated 5/7/09 ,, Weld County Department of Building Inspection, referral dated 4/16/09 / Weld County Zoning Compliance, referral dated 4/15/09 Central Weld County Water District, referral dated 4/16/09 ■ EXHIBIT 2009-2126 • • • Longmont Soil Conservation District, referral dated 5/15/09 X s Solt Survey hereby certi fuu that the 5 LtevvLs LdewtL fed herein were subwutted to the nepartrN.ewt of PLawwlwq Services at or prior to the scheduled Plawwi,wc Cowtvv ssLowers hear wc2. • leh; COLORADO Preliminary LAND USE APPLICATION SUMMARY SHEET Planner: Michelle Martin Case Number: USR-1699 Hearing Date: August 4, 2009 Applicant: Dennis and Denise Coyne Site Address: 7746 County Road 19, Fort Lupton CO 80621 Request: A Site Specific Development Plan and Special Review Permit for A Use Permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts, dog agility and dog obedience training for up to 35 dogs and a Kennel for up to 5 dogs in the A (Agricultural) Zone District Legal Description: Lot A of RE -1796 being part of the W2 of Section 27, T2N, R67W the 6th P.M., Weld County, CO Location: East of and adjacent to County Road 19 and approximately 1,300 feet south of County Road 18 Size of Parcel: +/- 8.75 Acres Parcel Number: 1311 27 000047 POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code. The Department of Planning Services' staff has received responses from the following agencies: Without Comments: Weld County Sheriffs Office, referral dated 4/20/09 Weld County School District RE -8, referral dated 4/20/09 City of Dacono, referral dated 4/16/09 • Weld County Department of Planning Services, Landscape referral dated 4/17/09 • Colorado Division of Wildlife, referral dated 5/7/09 With Comments: Weld County Department of Public Health and Environment, referral dated 5/11/09 Weld County Department of Public Works, referral dated 5/7/09 Weld County Department of Building Inspection, referral dated 4/16/09 Weld County Zoning Compliance, referral dated 4/15/09 Central Weld County Water District, referral dated 4/16/09 Longmont Soil Conservation District, referral dated 5/15/09 The following agencies have not responded: • Weld County Paramedic Services Fort Lupton Fire Protection District • Town of Frederick • Town of Firestone • City of Fort Lupton 1u'fi EXHIBIT USR-1699 Coyne Page 1 • � �1*1 111k COLORADO Planner: Case Number: Applicant: Site Address: Request: Legal Description: • Location: Size of Parcel: Parcel Number: • SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW Michelle Martin USR-1699 Dennis and Denise Coyne 7746 County Road 19, Fort Lupton CO 80621 Hearing Date: August 4, 2009 A Site Specific Development Plan and Special Review Permit for A Use Permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts, dog agility and dog obedience training for up to 35 dogs and a Kennel for up to 5 dogs in the A (Agricultural) Zone District Lot A of RE -1796 being part of the W2 of Section 27, T2N, R67W the 6th P.M., Weld County, CO East of and adjacent to County Road 19 and approximately 1,300 feet south of County Road 18 +/- 8.75 Acres 1311 27 000047 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 22-2-150D.A Goal 4 states: "Conversion of agricultural land to nonurban residential, commercial and industrial uses will be accommodated when the subject site is in an area that can support such development. Such development shall attempt to be compatible with the region." Development Standards and Conditions of Approval will ensure that the proposed use will be compatible with the area. The surrounding property is primarily residential in nature. Section 23-2-240.A.10 of the Weld County Codes states "...that buffering or screening of the proposed use from adjacent properties may be required in order to make the determination that the proposed use is compatible with the USR-1699 Coyne Page 2 surrounding uses." The applicant has already installed landscaping that adequately screens the use from surrounding properties and public rights of way. B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the Agricultural (A) Zone Districts. Sections 23-3-40.R and 23-3-40.H of the Weld County Code allows for A Site Specific Development Plan and Special Review Permit for A Use Permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts, dog agility and dog obedience training for up to 35 dogs and a Kennel for up to 5 dogs in the A (Agricultural) Zone District Currently the property is in violation (ZCV08-00346) for the operation of Skyline Kennels without an approved and recorded Use by Special Review permit (USR). If the USR is approved, the violation will be closed. If denied, the case shall be refereed to the County Attorney's office but delay legal action for 30 days in order to give the applicant time to ensure that the business has been removed from the property. C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The surrounding property to the north, south, east and west are zoned Agricultural (A) with single family homes. The property is located with the three mile referral areas for the City of Fort Lupton, City of Dacono, Towns of Firestone and Frederick. The City of Dacono indicated in their referral dated 4/16/09 no conflicts with the proposed development. The Weld County Department of Planning Services has not received a referral from the City of Fort Lupton and the Towns of Firestone and Frederick. Therefore, given the minimal impact of the proposed use (dog agility and dog obedience training for 35 dogs and a Kennel for 5 dogs) the use will be compatible with the surrounding land uses. The surrounding area is Agricultural in nature with a few single family residences in the area. Staff believes that the Conditions of Approval and Development Standards will ensure that the use will be compatible with existing surrounding land 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 property is not located within an Intergovernmental Agreement Area but does lies within the three mile referral area for the City of Fort Lupton, City of Dacono, Towns of Firestone and Frederick. The City of Dacono indicated in their referral dated 4/16/09 no conflicts with the proposed development. The Weld County Department of Planning Services has not received a referral from the City of Fort Lupton and the Towns of Firestone and Frederick. The surrounding area is Agricultural in nature with a few single family residences in the area. Staff believes that the Conditions of Approval and Development Standards will ensure that the use will be compatible with existing surrounding land uses. E. Section 23-2-220.A.5 -- The application complies with Article V of the Weld County Code. The existing site is within the County Road Impact Fee Area, Capital Expansion Impact Fee, and the Stormwater/Drainage Impact Fee area. 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) USR-1699 Coyne Page 3 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 subject site is classified as "Prime irrigated Farmland of National Importance" and "Irrigated Land Not Prime" as delineated on the Important Farmlands of Weld County map, dated 1979. This size of the parcel (8.75 acres) and is currently developed therefore it is not conducive to agricultural uses. G. Section 23-2-220.A.7 — There is adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. 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 can ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. 1. The plat shall be amended to delineate the following: A. All sheets of the plat shall be labeled USR-1699. (Department of Planning Services) B. The attached Development Standards. (Department of Planning Services) C. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. (Department of Planning Services) D. The applicant shall delineate the trash collection areas. Section 23-3-350.H of the Weld County Code addresses the issue of trash collection areas. Areas used for storage or trash collection shall be screened from adjacent public rights -of -way and adjacent properties. These areas shall be designed and used in a manner that will prevent wind or animal scattered trash. (Department of Planning Services) 2. The applicant shall address the requirements (concerns) of Weld County Building Department, as stated in the referral response dated 4/16/09. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Weld County Building Department) 3. The applicant shall address the requirements (concerns) of Central Weld County Water District as stated in the referral response dated 4/16/09. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Weld County Building Department) Upon completion of 1 - 3 above the applicant shall submit three (3) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the paper copies the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within thirty (30) days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) USR-1699 Coyne Page 4 5. In accordance with Weld County Code Ordinance 2006-7 approved June 1, 2006, should the plat not be recorded within the required thirty (30) days from the date the Board of County Commissioners resolution a $50.00 recording continuance charge shall added for each additional 3 month period. (Department of Planning Services) 6. The Department of Planning Services respectively requests the surveyor provide a digital copy of this Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to maos(5co.weld.co.us. (Department of Planning Services) 7. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. (Department of Planning Services) USR-1699 Coyne Page 5 • SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Dennis and Denise Coyne USR-1699 1. A Site Specific Development Plan and Special Review Permit for A Use Permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts, dog agility and dog obedience training for up to 35 dogs and a Kennel for up to 5 dogs 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. 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 of every other week by a commercial hauler. (Department of Public Health and Environment) • 4. 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) 5. 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) 6. 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) 7. The applicant shall operate in accordance with the approved "waste handling plan", at all times. (Department of Public Health and Environment) 8. The applicant shall comply with the Colorado Department of Agriculture (CDA), Division of Animal Industry. (Department of Public Health and Environment) 9. 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) 10. 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) 11. • Adequate handwashing and toilet facilities shall be provided for employees and patrons of the facility, at all times. (Department of Public Health and Environment) 12. Sewage disposal for the facility shall be by septic system. Any septic system located on the USR-1699 Coyne Page 6 property must comply with all provisions of the Weld County Code, pertaining to Individual • Sewage Disposal Systems. (Department of Public Health and Environment) 13. The facility shall utilize the existing public water supply, (Central Weld County Water District). (Department of Public Health and Environment) 14. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Department of Public Health & Environment, Water Quality Control Division. (Department of Public Health and Environment) 15. 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) 16. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department of Planning Services) 17. Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) (Department of Planning Services) 18. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 19. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. • • 20. A building permit shall be obtained prior to the change of use, or construction of any new structures. (Department of Building Inspection) 21. A plan review is required for each building for which a building permit is required. Two complete sets of plans are required when applying for each permit. Include a Code Analysis Data sheet provided by the Weld County Building Department with each Building permits Submittal plans shall include a floor plan showing the specific uses of each area for the building. The Occupancy Classification will be determined by Chapter 3 of the 2006 International Building Code. The plans shall also include the design for fire separation and occupancy separation walls, when required by Chapter 5 and 7 of the 2006 International Building Code. Fire Protection shall conform to Chapter 9 and exiting requirements by Chapter 10. (Department of Building Inspection) 22. 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) 23. All building plans shall be submitted to Fort Lupton Fire Protection District for review and approval prior to issue of Building Permits. (Department of Building Inspection) 24. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where such would cause a nuisance or interfere with the use on the adjacent properties in accordance with the plan. Neither the direct nor reflected light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be used which may be confused with or constructed as traffic control devices. (Department of Planning Services) 25. The Screening on site shall be maintained in accordance with the approved Screening Plan. (Department of Planning Services) USR-1699 Coyne Page 7 26. Hours of operation for the dog agility and dog obedience training shall be from October 1 — March 31: 9am — 7pm and from April 1 — September 31: 8am — 8pm. (Department of Planning Services) 27. The hours of operation for the kennel shall be 24 hours a day 7 days a week. Dogs for the kennel shall be kept indoors during night-time hours (7 am — 8 pm). 28. Thirty five (35) 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) 29. The number of employees for the kennel and dog obedience and agility training shall be limited to six (6). 30. Should 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, pursuant to Chapter 15, Articles I and II of the Weld County Code. (Department of Public Works) 31. 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. 32. 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) 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. 35. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials USR-1699 Coyne Page 8 often produces a visual disparity between rural and urban areas of the County. Section 35-3.5- 102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban selling. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. USR-1699 Coyne Page 9 •%. It/T WID€. COLORADO • • June 9, 2009 DEPARTMENT OF PLANNING SERVICES SOUTHWEST OFFICE 4209 CR 24.5 LONGMONT, CO 80504 PHONE: (720) 652-4210, Ext. 8730 FAX: (720) 652-4211 Dennis & Denise Coyne 7746 CR 19 Ft. Lupton CO 80621 Subject: USR-1699 - A Site Specific Development Plan and Use by Special Review Permit for a Use Permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (dog agility and dog obedience training for 35 dogs) and a Kennel for five (5) dogs in the A (Agricultural) Zone District on a parcel of land described as Lot A of RE -1796 being part of the W2 of Section 27, T2N, R67W of the 6th P.M., Weld County, Colorado. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on August 4, 2009, at 1:30 p.m. This meeting will take place in the Hearing Room, Weld County Planning Department, 918 10' St, Greeley, Colorado. A subsequent hearing will be held on August 19, 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 packets one week prior to the scheduled Planning Commission Hearing. If you have any questions concerning this matter, please call. Respectfully, K 12141,44//1 r Michelle Martin Planner a • DEPARTTNT OF PLANNING SERVICES SOUTHW EST OFFICE 4209 CR 24.5 LONGMONT, CO 80504 PHONE: (720) 652-4210, Ext. 8730 FAX: (720) 652-4211 April 14, 2009 Dennis & Denise Coyne 7746 CR 19 Ft. Lupton CO 80621 Subject: USR-1699 - Request for a Site Specific Development Plan and Use by Special Review Permit for a Use Permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts (dog agility and dog obedience training for 35 dogs) and a Kennel for 5 dogs in the A (Agricultural) Zone District on a parcel of land described as Lot A of RE -1796 being part of the W2 of Section 27, T2N, R67W of the 6th P.M., Weld County, Colorado. Dear Applicants: Your application and related materials for the request described above are being processed. I will schedule a meeting with you to discuss the referrals after we have received them. Once the concerns and requirements of the referral agencies have been met or the applicant has show an attempt to meet their concerns and requirements, a Planning Commission Hearing will be scheduled. It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property or if the property is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Dacono, Firestone, Frederick, and Fort Lupton Planning Commission for their review and comments. Please call Dacono at 303-833- 2317, Firestone at 303-833-3291, Frederick at 303-833-2388 and Fort 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 Dacono, Firestone, Frederick, and Fort 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. Respectfully, Michelle Martin Planner • r I • .., ': • •if •jt II t I'1�• • .I••. , • pIt • �.�a : • I�t �Y., •I ` .x,71 �R • ►. ' it,, '.is)' �'T tiYhi • I ' I • •;' , { 4I' I, lir Ice Y y.A% 7, t{y• ♦ I t .I 114t•tl, tie.t ?,.r .i�tiArt it , h• �� ;{"xt-1�t1 f1 4'. ; ,r �. fir{ �,.• i•, I. • • • PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS 7/23/09 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, Michelle Martin, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST 10 DAYS BEFORE THE PLANNING COMMISSIONERS HEARING FOR USR-1699 IN THE A (AGRICULTURAL) ZONE DISTRICT. STATE OF COLORADO ) ss. COUNTY OF WELD Michelle Martin Name of Person P,psjjng Sign Signature of Person Posting Sign The foregoing instrument was subscribed and '.� to me this I �Yday of JtiJ Li , 2009. WITNESS my hand and official seal. i :jI p� .L BETHANY SALZMAN ry ublic My Commiss res My Commission Expires: 10-14-2011 FIELD CHECK • • • CASE NUMBER: USR-1699 APPLICANT'S NAME: Dennis & Denise Coyne PLANNER: Michelle Martin DATE OF INSPECTION: REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Use Permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts (dog agility and dog obedience training for 35 dogs) and a Kennel for 5 dogs in the A (Agricultural) Zone District. LEGAL DESCRIPTION: Lot A of RE -1796 being part of the W2 of Section 27, T2N, R67W of the 6th P.M., Weld County, Colorado. LOCATION: East of and adjacent to CR 19 and south of CR 18. N f } pl civ.'" " CR LAND USE: 1.U. ✓Ik 1r2Er ( K W - ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: ttS P.C. Member Page 1 of 1 Michelle Martin From: Lauren Light Sent: Tuesday, June 16, 2009 2:29 PM To: Michelle Martin Subject: USR-1699 I have received additional information from Denise Coyne regarding USR-1699. All of Environmental Health Services conditions have been met. Please change the following development standard and add the words indicated in bold. 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 of every other week by a commercial hauler. Thank you. Lauren Light, M.B.S. Environmental Planner, Environmental Health Services Weld County Department of Public Health & Environment 1555 N. 17th Ave. Greeley, CO 80631 970-304-6415 Ext. 2211 (office) 970-304-6411 (fax) 6/16/2009 • • • 6 44ct; COLORADO • • MEMORANDUM TO: PA09-010; Case File, pre -application DATE: January 29, 2009 FROM: Kris Ranslem, Planning Technician SUBJECT: Pre -Application Meeting prior to submitting USR for kennel Attendees: Denise Coyne, Applicant Don Dunker, Public Works Kim Ogle, Planning Chris Gathman, Planning Kris Ranslem, Planning Bethany Salzman, Zoning Compliance On Thursday, January 29, 2009 an informal discussion took place at the Greeley Administrative Offices Conference Room regarding a proposed kennel. (The legal description is Lot A RE - 1796; Part of W2 of Section 27, Township 2N North, Range 67 West of the 6th P.M.; Situs Address is 7746 CR 19) Background Information: This site is currently in violation (ZCV08-00346) and encumbers approximately 8.75 acres. This property is zoned agricultural. The applicant has performed obedience training for the last 20 years including boarding of dogs; however the applicant no longer boards dogs. Currently she only gives obedience and agility training to dogs. The applicant gives one-on-one training during the week with group classes (maximum of 15 people) given on the weekend. The applicant indicated that there are two (2) working areas each measuring 104 feet by 208 feet. Currently the applicant owns four dogs and has harbored two cats. Public Works Access to site is from CR 19. CR 19 is a two-way, paved, Collector Road. Traffic counts in 2006 indicate a 1308 ADT. The applicant indicated that the clients coming to the site park along the fence line of the working areas. Staff stated that the applicant will need to provide signs or stop blocks indicating where the parking is available. Questions were raised with regard to installing a hard paved parking stall to accommodate non -ambulatory clients. The applicant indicated that she gives reasonable accommodations to her one (1) non -ambulatory client. Staff commented to state that on the application and they will review and evaluate it. No Traffic Study is required; according to narrative submitted by applicant the heaviest day • • • • • traveled is estimated at approximately 60 trips per day. Staff will need to evaluate the access to make sure the width of the driveway and radiuses are adequate for the traffic. No Drainage Report is required; however the applicant will need to show a water quality feature. Staff indicated that they would be willing to assist applicant with any questions. No Geotechnical Report is required. The property is not located in a designated FEMA floodplain; therefore no Flood Hazard Development Permit is required. Planning Department The applicant indicated that at some point in the future she may like to light the north working area. Staff cautioned the applicant to plan for the future and include anything she may like to do whether or not it is followed through with so she only needs to go through this process once. Water is supplied through Central Weld County Water District. The applicant has a septic system on site. The applicant indicated that if clients need to use restroom facilities she allows them to use the facilities inside her home. Staff urged the applicant to visit with Lauren Light of Environmental Health for further details. Staff informed the applicant to research the soil types on www.nres.orq to get a listing of the soil types for the site. Don Dunker offered to assist applicant in navigating through this website if she has any questions. Since this property is in violation the applicant will need to submit a complete application prior to April 7, 2009 to avoid a violation hearing scheduled for April 14, 2009. A letter from staff will follow explaining this. 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 application 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. • • WELD COUNTY • COMPLETENESS REVIEW REVIEW DATE: 3/24/09 TYPE OF APPLICATION: USR for obedience and agility training for dogs ----LEGAL DESCRIPTION: Lot A of RE -1796 being Pt. W2 of Section 27, Township 2 North, Range 67 W COMPANY NAME/REPRESENTATIVE/OWNER: Dennis Coyne and Denise Coyne PARCEL NUMBER: 1311 27 000047 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 Michelle Martin at 720-652-4210 extension 8730, or email at mmartin(aco.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. This is a violation case and therefore a complete application must be submitted within 2 weeks from the date of this letter. REVIEW STAFF: Planning: Michelle Martin— mmartin@co.weld.co.us - 720-652-4210 x8730 Public Works: Don Carroll — dcarroll d co.weld.co.us- 970-304-9496 x3766 Public Health: Lauren Light — Ilight(a�co.weld.co.us — 970-304-6415 x2211 Building Inspection: Frank Piacentino — fpiacentino(c�co.weld.co.us — 720-652-4210 x8736 •reeley Office — 918 101h Street, Greeley CO 80631 Phone: 970-353-6100 x3540 Fax: 970-304-6498 Weld County Department of Planning Services Longmont Office — 4290 County Road 24.5, Longmont CO 80504 Phone: 720-652-4210 x8730 Fax: 720-652-4211 • WELD COUNTY • PLANNING COMMENTS The Department of Planning Services has reviewed the 7 -Day Completeness Review and has the "rowing comments. 1. The application shall adhere to the requirements of Section 22-2-260 of the Weld County Code. At this time the applicant has not meet the requirements of Section 23-2- 260: (A copy of the requirements are attached) 2. The map is hard to read and follow. The applicant shall submit a map that adheres to the Weld County Code. 3. The application page does not have the correct legal description 4. The road access information sheet is very difficult to read and has not been filled out correctly. 5. Certificate of Conveyances has not been filled out correctly 6. A recorded copy of the deed 7. The list of surrounding property owners have expired a new one will need to be printed and signed. 8. The applicant shall submit a letter from Central Weld County Water District indicating the requirements if any for the proposed use. 9. The applicant needs to go into more detail regarding questions 1, 5.c, 5.f of the • questionnaire. 10. The calculations are very hard to read the applicant shall submit a readable copy. 11. Application fee 12. Tax statement 13. A description of any existing or proposed signs. PUBLIC WORKS COMMENTS The applicant shall address the requirements (concerns) of the Weld County Department of Public Works, as stated in the referral response dated 3/20/09. HEALTH DEPARTMENT COMMENTS The applicant shall address the requirements (concerns) of the Weld County Department of Environmental Health Services, as stated in the referral response dated 3/19/09. BUILDING INSPECTION COMMENTS The applicant shall address the requirements (concerns) of the Weld County Department of Building Inspection, as stated in the referral response dated 3/17/09. ereeley Office - 918 10th Street, Greeley CO 80631 Phone: 970-353-6100 x3540 Fax: 970-304-6498 Weld County Department of Planning Services Longmont Office — 4290 County Road 24.5, Longmont CO 80504 Phone: 720-652-4210 x8730 Fax: 720-652-4211 • • 7 Day Completeness Review • PA09-010 Pre -Application Subject: USR for obedience and agility training for dogs Location: Lot A of RE -1796 being Pt. W2 of Section 27, Township 2 North, Range 67 W Address: 7746 CR 19 Fort Lupton, CO 80621 Applicant Name: Dennis Coyne and Denise Coyne Planner: Michelle Martin Department: Public Works Health Building Planning Comments: • • K2..5 7j!/ en -1 2 -L -6c/ e) /L /Z<ro ' S.ez, s'/rte• AGAtirry (ze A.,f c'�� �-�.c 72.ta j 7947 aroea Name: Date: ( I Date: March 17, 2009, Comments due no later than March 23, 2009 • • Wald County Planning Department GREELEY OFFICE • • COLORADO MAR 2 Qwnng MEMORANDUM RECL VED TO: Michelle Martin, Planning Services DATE: March 20, 2009 FROM: Donald Carroll, Engineering Administrator l SUBJECT: 7 -Day Completeness Review, Dennis and Denise Coyne I have reviewed the 7 -Day Completeness Review. Public Works shall be looking for five critical items: ➢ Site Plan ➢ Traffic Study ➢ Preliminary Drainage Report ➢ Geotechnical Soils Report ➢ Flood Hazard Development Standards Site Plan: The applicant is identifying an existing access from WCR 19. The access width is 24 feet with a 20 -foot turning radius. There is adequate site distance in both directions. The existing access, circulation, and gravel driveway shall be graded and drained to provide an all- weather access to the facility. On site parking has been identified and appropriate signed shall be installed. Traffic Study: The applicant is indicating approximately 60 trips per day, 30 in and 30 out, to utilize the site. A traffic study will not be required. Preliminary Drainage Report: The applicant has provided drainage calculations for Areas 1 and 2. The will be forwarded to Clay Kimmi, Drainage Engineer, for evaluation and comments. Geotechnical Soils Report: There are not new proposed structures; therefore, a geotechnical soils report will not be required. Flood Hazard Development Standards: This area is not in a Special Flood Hazard Area (SFHA) as determined by the Federal Emergency Management Agency (FEMA). Summary: There are two items that need to be addressed: The applicant needs to identify WCR 19 as a collector status road requiring 80 feet of right-of- way at full build out. Presently, there is a 60 -foot right-of-way. The plat should identify from centerline 30 feet of existing right-of-way and an additional 10 feet for a total 40 feet. Work with Clay Kimmi to finalize the drainage item. pc: PA09-010 M:\PLANNING - DEVELOPMENT REVIEW\7-DayCompletenessReviews\2009\PA09-010, Coyne.doc 7 Day Completeness Review w PA09-010 Pre -Application Subject: USR for obedience and agility training for dogs Location: Lot A of RE -1796 being Pt. W2 of Section 27, Township 2 North, Range 67 W Address: 7746 CR 19 Fort Lupton, CO 80621 Applicant Name: Dennis Coyne and Denise Coyne Planner: Michelle Martin Department: Public Works Health Building Planning Comments: • R 7 7 2009 • Name: Date: 3— 19 oc Date: March 17, 2009, Comments due no later than March 23, 2009 • • • • • COLORADO MEMORANDUM TO: Don Carroll, Public Works DATE: March 24, 2009 FROM: Clay Kimmi, P.E., C.F.M., Public Works SUBJECT: 7 -Day Review for Skyline Training Water Quality Public Works has received the completeness review application. Preliminary Drainage Report: Weld County Public works has waived the drainage report requirement but, a water quality capture feature and volume calculation is required see Urban Drainage and Flood Control District; Volume III; section 4.4.2 for the calculation procedure. The calculations were included with the submittal. While the information was difficult to read, it appears that the calculations are acceptable and the location of the water quality features appears to be acceptable. Please provide clear and readable copies of the calculations and map showing the location of the water quality features. pc: file Page I of I C:\Documents and Settings \mmartin\Local Settings\Temporary Internet Files \OLK88\Skyline Training WQCV Calculations 3-24-09.doc • • 7 Day Completeness Review • PA09-010 Pre -Application Subject: USR for obedience and agility training for dogs Location: Lot A of RE -1796 being Pt. W2 of Section 27, Township 2 North, Range 67 W Address: 7746 CR 19 Fort Lupton, CO 80621 Applicant Name: Dennis Coyne and Denise Coyne Planner: Michelle Martin Department: Public Works Health Building Planning Comments: 5M -(1 c� sS icS iO s kti I,(� iJ S. C\ 9J\ 0 I e C14 1 JC L o>)(\ C � kS a oca "fie \2- R -1 - Name: j----1-3\ O n --•_Ai1 L c Date: — Date: March 17, 2009, Comments due no later than March 23, 2009 • Hello