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Home My WebLink About20240411.tiffMEMORANDUM TO: Kim Ogle, Planning Services FROM: Melissa J King, PE, Development Review DATE: November 6, 2023 SUBJECT: USR23-0038 Spayd The proposal has been reviewed on behalf of the Weld County Department of Public Works and the Department of Planning Services. Staff comments made during this phase of the application process may not be all-inclusive, as other issues may arise during the remaining application process. COMMENTS GENERAL PROJECT INFORMATION/LOCATION Project description: Site Specific Development Plan and Use by Special Review Permit for a Breeding Kennel limited to thirty (30) dogs over the age of six (6) months outside of subdivisions and historictownsites in the A (Agricultural) Zone District. Parcel number: 147530400013 Lot A REC17-0223. Access is onto CR 4 AP15-00321 Residential. ACCESS Development Review has reviewed the application materials related to access. There is an existing permitted shared access point onto CR 4 — AP15-00 Residential. No other access is requested. Per Sec. 8-14-30, an Access Permit is required for access to Weld County maintained roadways. We strongly encourage you to discuss your access location with Development Review prior to laying out your site plan. All "preliminarily approved" accesses are subject to change during the access permitting process. Please refer to Chapter 8 of the Weld County Code for more information regarding access. ROADS AND RIGHTS -OF -WAY County Road 4 is a gravel road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a local road, which requires 60 feet of right-of-way. The applicant shall delineate on the site map the future and existing right-of-way and the physical location of the road. If the right-of-way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the Weld County Code Sec. 23-1-90, the required setback is measured from the future right-of-way line. Be aware that physical roadways may not be centered in the right-of-way. This road is maintained by Weld County. Per, Sec. 8-13-30.B, a Weld County Right -of -Way Use Permit is required for any project that will be occupying, constructing or excavating facilities within, and/or encroaching upon, any County rights -of -way or easement. Right -of -Way Use Permit instructions and application can be found at https://www.weldgov.com/departments/publicworks/permits/. Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate existing utilities within the County right-of-way. TRAFFIC Recent traffic counts (2022) on CR 4 counted 206 vehicles per day with 22% trucks. The applicant submitted a traffic narrative stating that there will be no additional traffic as all puppies will be delivered to the clients. No additional traffic information is needed at this time. TRACKING CONTROL Tracking control is required to prevent tracking from the site onto public roadways. For access to paved roads, tracking control devices can be double cattle guards with 100 ft. of asphalt or 300 ft of asphalt. For access to gravel roads, tracking control devices must be either double cattle guards with 100 ft. of road base, or road base on all driving surfaces. Temporary Tracking Control shall be used during construction unless permanent tracking control is installed ahead of construction activities. Recycled concrete is not allowed in County right-of-way. Tracking control for unmaintained public right-of-way is required just prior to entering publicly maintained roadways. A variance request for alternatives to the tracking control requirement can be submitted to Development Review for review and consideration. Based on the proposed traffic, no tracking control is required. DRAINAGE REQUIREMENTS This area IS within a Non -Urbanizing Drainage Area: Non -Urbanizing Drainage Areas typically require detention of runoff from the 1 -hour, 100 -year, storm falling on the developed site and release of the detained water at the historic runoff rate of the 1 -hour, 10 -year storm falling on the undeveloped site for Non - urbanizing areas. Detention pond waived and a simple drainage narrative: The applicant has submitted an acceptable drainage narrative stating that the site meets drainage exception 8. Development of sites where the change of use does not increase the imperviousness of the site. Located in Sec. 8-11-40. Drainage Policy. Historic Flows: The applicants will be required to maintain the historic drainage flows and run-off amounts that exist from the property. CONDITIONS OF APPROVAL The USR map shall be amended to delineate the following: 1. County Road 4 is a gravel road and is designated on the Weld County Functional Classification Map as a local road which requires 60 feet of right-of-way at full buildout. The applicant shall delineate and label on the site map or plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. (Development Review) 2. Show and label the existing permitted access point onto CR 4. (Development Review) 3. Show and label the site drainage flow arrows. (Development Review) DEVELOPMENT STANDARDS (NOTES ON THE SITE PLAN) 1. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code. (Development Review) 2. The access to the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking. (Development Review) 3. The historical flow patterns and runoff amounts on the site will be maintained. (Development Review) Weld County Department of Public Health and Environment Memorandum To: Kim Ogle From: Lauren Light, Environmental Health Services Date: November 7, 2023 Re: USR23-0038 Applicant: Marvin Spayd Environmental Health Services has reviewed this Site -Specific Development Plan and Use by Special Review Permit for a Breeding Kennel limited to thirty (30) dogs over the age of six (6) months outside of subdivisions and historic townsites in the A (Agricultural) Zone District. The existing residence is served by an individual domestic well (315922) and an on -site wastewater treatment system sized for 3 bedrooms (SP -0200224). The well is not permitted for commercial use and must be repermitted to serve the kennel. Although the application indicates there are no employees any person who comes to purchase or view an animal must have access to sanitary facilities. A portable toilet is acceptable, or an Engineer can review the OWTS serving the residence for sizing adequacy. The self -installed sewage system must be permitted as a commercial system. The floor drains must be contained in a separate vault. Waste is put in a dumpster which is disposed of on a weekly basis. A dust abatement plan shall be submitted which details how on site dust from dog areas is contained as well as vehicle traffic for the kennel. Noise is restricted to the residential limit. The applicants did not submit a noise study. They indicated dogs are inside the building at night and nuisance barking is not an issue. A Pet Animal Care Facilities Act (PACFA) license is required. 1555 N. 17th Avenue Greeley, CO 80631 Phone: (970) 304-6410 weldhealth.org Public Health Weld County Department of Public Health and Environment Environmental Health Services recommends the following requirements are met prior to the Board of County Commissioners hearing: 1. The existing On -Site Wastewater Treatment System for the residence shall be reviewed by a Colorado Registered Professional Engineer if it will be utilized for the kennel. The review shall consist of observation of the system and a technical review describing the system's 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. 2. The existing well permit shall be repermitted for kennel use. Evidence shall be submitted to Environmental Health. 3. A noise study indicating the Residential limit can be adhered to shall be submitted. 4. The sewage system for the kennel shall be permitted as commercial and be brought into compliance with current Regulations or reconfigured to drain into a vault. Evidence shall be submitted to Environmental Health. 5. The floor drain must be contained in a vault. Evidence shall be submitted to Environmental Health. 6. A dust abatement plan shall be submitted which addresses on -site dust from vehicle traffic and dog run/play areas. We recommend the following requirements are incorporated into the permit as development standards: 1. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 2. 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. 3. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance 1555 N. 17th Avenue Greeley, CO 80631 Phone: (970) 304-6410 weldhealth.org Public Health Weld County Department of Public Health and Environment conditions. The applicant shall operate in accordance with Chapter 14, Article 1 of the Weld County Code. 4. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with the Colorado Air Quality Commission's air quality regulations. 5. The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as delineated in 25-12-103 C.R.S. 6. Any On -site Wastewater Treatment Systems located on the property must comply with all provisions of the Weld County Code, pertaining to On -site Wastewater Treatment Systems. 7. A permanent, adequate water supply shall be provided for drinking and sanitary purposes as applicable. The well permitted as 315922 cannot be used for the business unless it is repermitted for commercial use. 8. For employees or patrons on site for less than 2 consecutive hours a day, and 2 or less full-time employees on site, portable toilets and bottled water are acceptable. Records of maintenance and proper disposal for portable toilets shall be retained on a quarterly basis and available for review by the Weld County Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County, contain hand sanitizers and be screened from existing adjacent residential properties and public rights -of -way. 9. 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. 10.Any washing areas shall capture all effluent and prevent discharges in accordance with the Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection Agency. 11. The applicant shall comply with the Colorado Department of Agriculture (CDA), Division of Animal Industry regulations. 1555 N. 17th Avenue Greeley, CO 80631 Phone: (970) 304-6410 weldhealth.org Public Health Weld County Department of Public Health and Environment 12. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. 1555 N. 17th Avenue Greeley, CO 80631 Phone: (970) 304-6410 weldhealth.org Public Health From: Sam Kaneta III <skaneta@weld.gov> Sent: Monday, October 23, 2023 2:03 PM To: Kim Ogle <kogle@weld.gov> Subject: USR23-0038 RE: Referral Agency Email While there are no specific concerns with this application, our Animal Control Officers were at this person's address in March '23 for what turned into a civil matter regarding the health of a specific dog. The case was closed with no criminal action noted. Sam Kaneta III Weld County Sheriff's Office 1950 O Street Greeley, CO 80631 970-356-4015 ext 2877 r Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. 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