HomeMy WebLinkAbout20230455.tiffMEMORANDUM
TO: Maxwell Nader, Planning Services
FROM: Melissa J King, PE, Development Review
DATE: November 15, 2022
SUBJECT: USR22-0031 Hart
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: A Site -Specific Development Plan and Use by Special Review Permit for a Kennel (cat
rescue shelter) in the A (Agricultural) Zone District.
This project is north of and adjacent to Caroline Avenue — Aristocrat Ranchettes and is east of and adjacent
to Henry Street.
Parcel number: 130927114009.
Access is onto Caroline Avenue and Henry Street.
ACCESS
Development Review has reviewed the application materials related to access.
The applicant has proposed to continue to access onto Henry Street and to maintain a restricted (i.e. gated)
access onto Caroline Avenue. The applicant shall obtain an access permit for these locations as they
appear 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.
Per Sec. 24-8-40, when feasible, there shall be no net increase in the number of accesses to a public road.
Minimum access spacing widths are shown in Weld County Code Sec. 8-14-30. Please refer to Chapter 8
of the Weld County Code for more information regarding access.
ROADS AND RIGHTS -OF -WAY
Henry Street and Caroline Avenue are gravel roads and are designated on the Weld County Functional
Classification Map (Code Ordinance 2017-01) as local roads, which require 60 feet of right-of-way. The
applicant shall delineate and label on the site map or plat the future and existing rights -of -way (along with
the documents creating the existing rights -of -way) and the physical location of the roads. If the rights -of -
way cannot be verified they 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. These roads are 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 information is available for either Henry Street or Caroline Avenue.
Traffic information submitted with the application materials indicates that traffic will remain residential (i.e.
9 passenger vehicle round trips per day) and will include two delivery vehicle round trips per week.
No additional traffic information is needed.
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 a 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.
No additional stormwater management and detention information is needed.
Historic Flows:
The applicants will be required to maintain the historic drainage flows and run-off amounts that exist from
the property.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
This site is located in a Municipal Separate Storm Sewer System (MS4) Area which may trigger specific
water quality requirements or other drainage improvements. In addition to compliance with applicable Weld
County regulations, property owner is required to be compliant with any additional MS4 requirements.
No MS4 requirements are triggered at this time.
Questions pertaining to the MS4 requirements should be directed to the Public Works Department 970-
400-3788.
CONDITIONS OF APPROVAL
The USR map shall be amended to delineate the following:
1. Henry Street and Caroline Avenue are gravel roads and are designated on the Weld County
Functional Classification Map as local roads which requires 60 feet of right-of-way at full buildout.
The applicant shall delineate and label on the site map the future and existing rights -of -way (along
with the documents creating the existing rights -of -way) and the physical location of the roads. All
setbacks shall be measured from the edge of right-of-way. These roads are maintained by Weld
County. (Development Review)
2. Show and label the preliminarily -approved access locations onto Caroline Avenue and Henry
Street. (Development Review)
3. Show and label the 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. This site is located in the MS4 area and is subject to the regulations of the state -issued MS4 Permit.
(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: Max Nader
From: Lauren Light, Environmental Health Services
Date: November 30, 2022
Re: USR22-0031 Applicant: Brenda Hart, c/o Front Porch Felines
Environmental Health Services has reviewed this Site -Specific Development Plan and Use by
Special Review Permit for a Kennel (cat rescue shelter) in the A (Agricultural) Zone District.
The existing residence is served by Aristocrat Ranchettes Water Project and an on -site
wastewater treatment system for 3 bedrooms (OWTS, SP -0701103). There are no
employees associated with the rescue. If employees are added in the future the OWTS is
adequate for up to six people.
A waste handling plan was submitted which states: "The only waste will be the disposal of
cat litter. Boxes are cleaned daily, and bagged litter goes out in weekly trash pick-up by
Waste Management."
A Pet Animal Care Facilities Act (PACFA) license may be required if adoptions or boarding
occurs in the future.
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.
1555 N. 17th Avenue
Greeley, CO 80631
Phone: (970) 304-6410
weldhealth.org
Public Health
Weld County
Department of Public Health and Environment
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.
5. 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.
6. Any additional hydraulic load to the existing On -site Wastewater Treatment System, that
exceeds 6 people, (SP -0701103) will require an Evaluation from a Colorado Registered
Professional Engineer. The engineer's evaluation shall be submitted to the Weld County
Environmental Health Department. In the event the system is found to be inadequate, the
system must be brought into compliance with current Weld County On -site Wastewater
Treatment System Regulations.
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.
9. The applicant shall comply with the Colorado Department of Agriculture (CDA), Division of
Animal Industry regulations.
10. 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: Maxwell Nader, Planning Manager November 29, 2022
From: Bethany Pascoe, Code Compliance Officer II
Subject: USR22-0031 Referral
Upon review of my case files and computer, an active Code Violation (ZCV21-00182) was noted. This
violation was initiated due to the operation of a cat rescue and temporary housing operation without first
obtaining the required land use permits. This case has been forwarded to the County Attorney's Office;
however, Tom Parko, Director of Planning Services has waived the investigation fee.
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, and once the applicant completes all Conditions of Approval and
submission a final and approved map for recording, the Code Violation (ZCV21-00182) would be closed.
If this application is denied, the Code Violation (ZCV21-00182) case would proceed accordingly through
the Court process (22-C-32078).
SERVICE, TEAMWORK, INTEGRITY, QUALITY
Weld County Referral
Y
November 10, 2022
Submit by Email
The Weld County Department of Planning Services has received the following item for review:
Applicant: Brenda Hart, c/o Front Porch Felines Case Number: USR22-0031
Please Reply By: December 8, 2022 Planner: Maxwell Nader
Project: A Site Specific Development Plan and Use by Special Review Permit for a Kennel (cat rescue
shelter) in the A (Agricultural) Zone District.
Parcel Number: 130927114009-R0140389 Legal: LOT 5 BLOCK 22 ARISTOCRAT RANCHETTES INC;
PART OF SECTION 27, T2N, R66W of the 6th P.M., Weld County, Colorado.
Location: NORTH OF AND ADJACENT TO CAROLINE AVENUE; EAST OF AND ADJACENT TO HENRY
STREET.
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.
P
T
FT
We have reviewed the request and find that it does / does not comply with our
Comprehensive Plan because:
We have reviewed the request and find no conflicts with our interests.
See attached letter.
Signature
Agency Colorado Department of Agriculture - PACFA
Date 11/16/22
Weld County Planning Dept. 1555 N. 17th Ave, Greeley, CO 80631 (970)-400-6100 (970)-304-6498 fax
So
CDA
November 16, 2022
COLORADO
Department of Agriculture
Inspection & Consumer Services Division
Maxwell Nader
Planning Manager
Dept. of Planning Services
1555 N 17th Ave
Greeley, CO 80631
Dear Mr. Nader,
This letter is in response to the request from the Colorado Department of Agriculture (CDA) in
regards to case USR22-0031 and the application submitted by Brenda Hart c/o Front Porch
Felines. The use that is described by the applicant in the application materials would require a
state Pet Animal Care Facilities (PACFA) license, specifically an animal shelter license if the
applicant shelters more than 15 cats at any given time or transfers more than 24 cats per 12 -
month period.
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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