HomeMy WebLinkAbout20231585.tiffMEMORANDUM
TO: Kim Ogle, Planning Services
FROM: Melissa J King, PE, Development Review
DATE: January 20, 2023
SUBJECT: USR23-0004 SSJ Farms LLC
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 Doggie
Daycare and Boarding Kennel limited to forty-five (45) dogs over the age of six (6) months in a subdivision
in the A (Agricultural) Zone District.
This project is south of SH 66 and is east of and adjacent to CR 3.
Parcel numbers: 120729001001.
Access is onto CR 3.
ACCESS
Development Review has reviewed the application materials related to access.
The parcel has an existing unpermitted access onto CR 3 approximately 1,725 feet south of the intersection
of SH 66 and CR 3. No other access is proposed.
The applicant shall obtain an access permit for commercial use at the existing unpermitted access location
onto CR 3 as this location appears to meet the Minimum Access Spacing Criteria, as specified in Table 1
below.
ACCESS
Sec. 8-14-30. Table 1 Minimum Access Spacing Criteria (Feet)
Access Element
Arterial
Collector
Local
Distance between intersections
Signalized
2,640
N/A
N/A
Unsignalized
1,320
1,320
330
Distance between accesses and intersections
660
660
330
Distance between access points
660
330
150
Distance between access points in subdivisions
660
330
75
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 3 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 plat 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
No recent traffic counts exist for this portion of CR 3.
The applicant submitted an acceptable Traffic Report with the application materials. The Report states that
there will be a maximum of 86 passenger car round trips per day during AM and PM peak hours.
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.
This site requires double cattle guards and 100 ft. of road base or road base on all driving surfaces.
ROAD MAINTENANCE AGREEMENT
Development Review is requesting a Road Maintenance Agreement including, but not limited to, dust
control and damage repair to specified travel routes.
Improvements/Road Maintenance Agreement: An example agreement is available at:
https://www.weld.gov/Government/Departments/Planning-and-Zoning/Development-Review .
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 detention
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.
No other drainage information is needed at this time.
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
A. A Road Maintenance Agreement is required at this location. Road maintenance includes, but is not
limited to, dust control and damage repair to specified travel routes. (Development Review)
B. The USR map shall be amended to delineate the following:
1. County Road 3 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 proposed access, approved access width and the appropriate turning radii on
the site plan. The applicant must obtain an access permit in the approved location. (Development
Review)
3. Show and label the approved tracking control on the site plan. (Development Review)
4. Show and label the drainage flow arrows. (Development Review)
5. Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property. (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. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Development Review)
4. The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement. (Development Review)
5. The Road Maintenance Agreement for this site may be reviewed on an annual basis, including a site
visit and possible updates. (Development Review)
6. 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: January 30, 2023
Re: USR23-0004 Applicant: Shannon Kemp, c/o Mel's Dog House
Environmental Health Services has reviewed this Site -Specific Development Plan and Use by
Special Review Permit for a Doggie Daycare and Boarding Kennel limited to forty-five (45)
dogs over the age of six (6) months in a subdivision in the A (Agricultural) Zone District.
The existing residence is served by Longs Peak Water District and an on -site wastewater
treatment system sized for 3 bedrooms (G19830146). The kennel structure will have a
separate commercial on -site wastewater treatment system.
A waste handling plan was submitted which indicates waste will be picked up daily and
disposed of in a bin which will be collected weekly by a disposal company.
A dust abatement plan was submitted which indicates water will be used, if necessary, native
grasses will be maintained on site and the driveway and parking areas will be graveled.
Noise is restricted to the residential limit. The applicants submitted a noise study conducted
by LandOne Engineering which indicates the residential limit can be adhered to at the low
reading. Any excessive noise will be addressed immediately.
A Pet Animal Care Facilities Act (PACFA) license is required.
Environmental Health Services recommends the following requirement is met prior to
operation:
1. An On -Site Wastewater Treatment system is required for the kennel structure and shall
be installed according to the Weld County On -Site Wastewater Treatment System
(OWTS) Regulations.
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 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
conditions. The applicant shall operate in accordance with Chapter 14, Article 1 of the
Weld County Code. The accepted waste handling plan shall be adhered to.
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. The accepted
dust abatement plan shall be adhered to
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.
8. Animal and feed wastes, bedding, debris, and other organic wastes
shall be disposed of so that vermin infestation, odors, disease hazards, and nuisances are
minimized.
1555 N. 17th Avenue
Greeley, CO 80631
Phone: (970) 304-6410
weldhealth.org
Public Health
Weld County
Department of Public Health and Environment
9. 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.
10. The applicant shall comply with the Colorado Department of Agriculture (CDA), Division of
Animal Industry regulations.
11. 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
MEMORANDUM
•
To: Kim Ogle, Principal Planner
From: Bethany Pascoe, Code Compliance Officer II
Subject: USR23-0004 Referral
May 17, 2023
Upon receipt of multiple complaints, followed by a visual inspection of the property from County Road 3,
an active Code Violation (CCV23-00089) was noted. This violation was initiated due to the presence of
more than 4 (four) dogs, the presence of a sign advertising a commercial business prior to USR23-0004
being recorded as well as the parking of passenger vehicles inside an Agriculturally Exempt structure.
This case has not yet been forwarded to the County Attorney's Office; therefore, an investigation fee NOT
required.
Due to records release laws, staff no longer tracks complainant information, but please be aware it is
staff's policy to no longer accept staff -initiated complaints without there being a safety component to the
complaint.
If this application is approved, all conditions of approval completed and the final (USR) map is recorded
as well as all building permits obtained and finalized, the Code Violation (CCV21-00023) would then be
closed.
If this application is denied, within 30 (thirty) days of denial, all but 4 (four) dogs could be on the property
at any given time, all commercial signage would need to be removed and the buildings would either need
to be returned to their permitted use or appropriately permitted for their current usage; otherwise, the
violation case would progress accordingly.
If this application is approved, all Conditions of Approval shall be completed and a final map shall be
prepared, submitted to and recorded by the assigned Planner with the Department of Planning Services
within 120 days of approval. Additionally, any required building permits would need to be pulled and
finalized prior to the closure of this violation case.
SERVICE, TEAMWORK, INTEGRITY, QUALITY
DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
1402 North 17th Ave
Greeley, CO 80631
Website: www.weld.gov
Email: bpascoe@weldgov.com
Phone: 970-400-3555
Fax: 970-304-6498
Violation Notification
May 18, 2023
SSJ FARMS LLC
13676 COUNTY ROAD 3
LONGMONT CO 80504
Subject: CCV23-00089
Legal Description LM -3 L3 LAKE MEADOWS SUB
Situs Address: 13676 CR 3
To Whom it May Concern:
The uses on the above described property are being considered as a code violation of Sections of the Weld County
Code. Currently your property is in violation of the following Section(s) of the Weld County Code:
Chapter 23, Article 111(3), Division 1 A (Agricultural) Zone District.
23-3-45 Uses allowed by right in subdivisions and historic townsites.
No BUILDING, STRUCTURE or land shall be used, and no BUILDING or STRUCTURE shall
hereafter be erected, structurally altered, enlarged or maintained in the A (Agricultural) Zone
District in SUBDIVISIONS or HISTORIC TOWNSITES except for one (1) or more of the
following USES.
23-3-45.1 One (1) SINGLE-FAMILY DWELLING, FOSTER CARE HOME, or GROUP HOME
per LEGAL LOT.
23-3-50 Accessory uses in subdivisions and townsites.
The following BUILDINGS, STRUCTURES and USES shall be allowed in the A (Agricultural)
Zone District on LOTS in SUBDIVISIONS and HISTORIC TOWNSITES so long as they are
clearly incidental and ACCESSORY to an allowed USE.
23-3-55 Uses allowed by permit in subdivisions and historic townsites.
No USE listed in this Section shall commence construction or operation in the A (Agricultural)
Zone District on LOTS in SUBDIVISIONS and HISTORIC TOWNSITES without prior approval
of a land use permit from the Department of Planning Services or Department of Public Health
and Environment, as applicable. 23-3-55.J Keeping between five (5) and eight (8)
HOUSEHOLD PETS of one (1) species, or between eight (8) and sixteen (16) HOUSEHOLD
PETS of two (2) or more species and, in addition, up to thirty (30) birds, permitted under
Division 17 of Article IV of this Chapter.
23-3-60 Uses by special review in subdivisions.
The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated
and maintained on LOTS in SUBDIVISIONS in the A (Agricultural) Zone District upon approval
of a Use by Special Review in accordance with the requirements and procedures set forth in
Article II, Division 4 of this Chapter.
23-3-60.N KENNELS.
23-3-60.AA USES similar to the USES listed as permitted as long as the USE complies with
the general intent of the Zone District.
To bring your property into compliance with the Weld County Code:
While I understand you are in the process of permitting to exceed the 4 (four) allowed dogs,
until you receive the permit and the final map is recorded, this violation will progress through
our violation process. Kim Ogle, Planner is your assigned Planner processing your
USR23-0004. Please continue to work with him. To correct this violation, you shall reduce
to 4 (four) dogs or fewer at any given time; otherwise, my violation case will continue to
progress.
It is the intention of this office to assist and cooperate with you without imposing undue hardships; however, we
are receiving multiple complaints and as such, we have no discretion in this matter if you fail to correct this
violation. You have until
6/2/2023
to correct this violation. Failure to contact my office to indicate compliance will result in this office referring the
violation to the County Attorney's Office for legal action.
Compliance records are now visible to the public through the Citizen Access portal through our web page.
Please visit <https://accela-aca.co.weld.co.us/citizenaccess/> and go to the Enforcement tab. You can search
by case number, address or parcel number. This program will show you copies of letters, pictures, etc. Feel free
to call if you have any questions.
Any information you have that may help to resolve this matter will be useful. Should you have any questions
regarding this letter, or if you need any further information, please feel free to contact me at the above address,
telephone number or e-mail address. If you wish to see me personally, please call to schedule an appointment
so that I may reserve a sufficient amount of time with you.
Regards,
Iii 4(\i'o . 1 \ l c(
Bethany Pascoe
Code Compliance Officer II
File: CCV23-00089
Ec: Kim Ogle, Principal Planner via kogle@weldgov.com
Shannon Kemp, Owner via skemp62@me.com
Submit by Email
Weld County Referral
January 17, 2023
The Weld County Department of Planning Services has received the following item for review:
Applicant: Shannon Kemp, c/o Mel's Dog House Case Number: USR23-0004
Please Reply By: February 14, 2023 Planner: Kim Ogle
Project: Site Specific Development Plan and Use by Special Review Permit for a Doggie Daycare and
Boarding Kennel limited to forty-five (45) dogs over the age of six (6) months in a subdivision in the
A (Agricultural) Zone District
Parcel Number: 120729001001-R4771886 Legal: LOT 3 LAKE MEADOWS SUB; PART OF Section 29,
T3N, R68W of the 6th P.M., Weld County, Colorado.
Location: East of and adjacent to County Road 3 approximately 1750 -feet south of Highway 66.
The application is submitted to you for review and recommendation. Any comments or
recommendation you consider relevant to this request would be appreciated. Please reply by the
above listed date so that we may give full consideration to your recommendation. Any response
not received before or on this date may be deemed to be a positive response to the Department of
Planning Services. If you have any further questions regarding the application, please call the
Planner associated with the request. Please note that new information may be added to
applications under review during the review process. If you desire to examine or obtain this
additional information, please call the Department of Planning Services.
n We have reviewed the request and find that it does / does not comply with our
Comprehensive Plan because:
n We have reviewed the request and find no conflicts with our interests.
n See attached letter.
Signature
Agency Weld County Oil & Gas Energy Department
Date 1/19/2023
Weld County Planning Dept. 1555 N. 17th Ave, Greeley, CO 80631 (970)-400-6100 (970)-304-6498 fax
Weld County
Oil & Gas Energy Department
Referral Comments
Referring Agency: Weld County Department of Planning Services
Reference Number: USR23-0004
Associated Parcel: 120729001001
OGED Reviewer: Kelly Holliday
Review Date: January 19, 2023
The Staff of the Weld County Oil and Gas Energy Department (OGED) appreciates the opportunity to
comment on the captioned planning case. Staff has completed review of the proposal and have no
conflicts with the proposed activity. We have included additional comments below:
1. There are no active or proposed 1041 WOGLA Permits on the associated parcel. There are
several oil and gas well sites in the area surrounding the parcel, none directly on the
associated parcel.
2. The USR lands may include additional oil and gas related infrastructure, such as off -location
flowlines or pipeline which are a use by right and not regulated by Weld County. OGED
requests that the applicant reviews flowline data available from the COGCC map viewer and
utilize Colorado 811 prior to any excavation activities.
This determination is based upon the review of the application materials submitted by the applicant and
other relevant information available on the E -Permit site.
MOUNTAIN VIEW FIRE RESCUE
3561 N. Stagecoach Road • Longmont, CO 80504
(303) 772-0710
January 24, 2023
Mr. Kim Ogle
Weld County Planning Department
1555 North 17th Avenue
Greeley, CO 80631
Dear Mr. Ogle:
I have reviewed the submitted material pertaining to the Site Development Plan and Use for Special
Review Permit for a Doggie Daycare and boarding kennel at 13676 Weld County Road 3 (Case
Number: USR23-0004). The Fire District does not object to this request if the requirements of the
District can be met. Based on my review, I have the following comments and stipulations:
• This request does not propose any new construction. As such, water supply for fire protection will
not be required. Should any new buildings be constructed, all requirements for water supply for fire
protection will apply. The required fire flow would be determined by the total floor area and type of
construction, as defined by the International Building Code.
• Approved fire apparatus access must be provided to all structures. Fire Department access roads
must be 20 feet in width, have a clear height of 13 feet, 6 inches and must be capable of supporting
an imposed load of 75,000 pounds. Roads shall be provided so that apparatus may reach within 150
feet of all portions of buildings as measured along apparatus roads and around the exterior of the
buildings.
We appreciate being involved in the planning process. Should you have any questions, please contact
me at 303-772-0710 x 1021.
Sincerely,
.euann J e iaed
LuAnn Penfold
Fire Prevention Specialist
1p01.02.23
www.mvfpd.org
From: Gary Allen <g.allen@lpwd.org>
Sent: Tuesday, January 17, 2023 4:30 PM
To: Kim Ogle <kogle@weldgov.com>
Subject: USR23-0004
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments
unless you recognize the sender and know the content is safe.
Kim,
In regards to the above listed permit, the Longs Peak Water District is the domestic water purveyor to
this property. The property has a single residential water tap that can provide between 15-20 gallons
per minute. If you have any concerns, please let me know.
Best Regards,
Gary Allen
General Manager
Longs Peak Water District
303-618-7971
So
CDA
January 23, 2023
COLORADO
Department of Agriculture
Inspection & Consumer Services Division
Kim Ogle
Planner
Dept. of Planning Services
1555 N 17th Ave
Greeley, CO 80631
Dear Ms. Ogle,
This letter is in response to the request from the Colorado Department of Agriculture (CDA) in
regards to case USR23-0004 and the application submitted by Shannon Kemp, c/o Mel's Dog
House. The use that is described by the applicant in the application materials would require a
state Pet Animal Care Facilities (PACFA) license, pursuant to the following Colorado Code of
Regulations 8 CCR 1202-15,
"Part 1.10.5. "Boarding/training facility" means any firm, person, or corporation that cares for,
or houses more than three pet animals at one time, or trains pet animals in the absence of the
owner, or such owner's designee, and receives compensation for said services or correctional
facility pet animal training programs regardless of compensation, specifically an animal boarding
and training license if the applicant boards more than three (3) pet animals at any time for
compensation."
Please let us know if you have any additional questions. Thank you.
Sincerely,
Nick Fishe
PACFA Program Section Chief
Colorado Department of Agriculture
305 Interlocken Parkway, Broomfield, CO 80021 P 303.869.9000 F 303.466.2867
www.colorado.gov/ag/ics
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