HomeMy WebLinkAbout20230589.tiffMEMORANDUM
TO: Kim Ogle, Planning Services
FROM: Melissa J King, PE, Development Review
DATE: November 23, 2022
SUBJECT: USR22-0033 Gleason
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
Breeding and Boarding Kennel limited to fourteen (14) dogs over the age of six (6) months outside
of subdivisions and historic townsites in the A (Agricultural) Zone District.
This project is north of CR 90 and is east of CR 33.
Parcel number: 055314300023 Lot B RECX 17-0152.
Access is onto CR 33 (AP20-00466).
ACCESS
Development Review has reviewed the application materials related to access.
The parcel has permitted existing shared access onto CR 33 via a 60 -foot -wide access and utility easement
created on the plat for RECX17-0152 (Rec. No. 4366815).
No additional 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.
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
CR 33 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
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. 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
The most recent AADT (Annual Average Daily Traffic) for this portion of CR 33 is 110 vehicles per day with
22% trucks. The 85th percentile speed is 49 miles per hour.
No relative traffic information was submitted with the application. Therefore, the applicant shall submit a
traffic narrative that accurately describes the anticipated traffic.
DRAINAGE REQUIREMENTS
This area IS within an Urbanizing Drainage Area: 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, 5 -year storm falling on the undeveloped site for 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.
CONDITIONS OF APPROVAL
A. Submit an acceptable Traffic Narrative that accurately describes the anticipated traffic for this project.
(Development Review)
B. The USR map shall be amended to delineate the following:
1. CR 33 is a gravel road and is designated on the Weld County Functional Classification Map as an
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 60 -foot -wide access and utility easement that provides legal access to the
parcel from CR 33. (Development Review)
3. Show and label the permitted access location onto CR 33. (Development Review)
4. 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. All access and utility easements are dedicated for the benefit of all owners of lots depicted on this plat,
including owners of future lots created therefrom, regardless of lot configuration or number of users,
and without limitation of the use or intensity of the use of such easements. No lot owner may install a
gate or otherwise impede the use of such easements without the approval of all persons with rights of
use of such easements. (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: December 1, 2022
Re: USR22-0033 Applicant: Christopher Gleason
Environmental Health Services has reviewed this Site -Specific Development Plan and Use by
Special Review Permit for a Breeding and Boarding Kennel limited to fourteen (14) 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 which is permitted for inside
household uses (319402) and an on -site wastewater treatment system sized for 3 bedrooms
(SP -2100095). A portable toilet will be provided for clients in accordance with EH policy.
As the well is not permitted for commercial use, water will be brought in from a water station
located southeast of Pierce. Water will be stored in a 500 gallon holding tank for use in the
dog kennel.
Waste will be collected daily, and a waste disposal company will remove waste twice monthly.
Water will be used to control dust as necessary. The floor drains in the garage will be utilized
for clean water only, no soaps or detergents are allowed to infiltrate the ground water.
Noise is restricted to the residential limit. The applicants submitted their own noise study
which indicates the residential limit can be adhered to. The barn is insulated to address noise
and there is a camera system which allows the owners to correct the dogs without entering
the barn.
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
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
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 319402 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.
1555 N. 17th Avenue
Greeley, CO 80631
Phone: (970) 304-6410
weldhealth.org
Public Health
Weld County
Department of Public Health and Environment
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.
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
MEMORANDUM
To: Kim Ogle, Planner November 18, 2022
From: Cynthia Villanueva, Zoning Compliance Officer
Subject: USR22-0033 Referral
Upon review of my case files and computer, an active Code Violation (ZCV22-00215)
was noted. This violation was initiated due to the presence of six dogs over six months
on the property without first completing the necessary Weld County Zoning Permits
and/or Building Permits. This case has been forwarded to the County Attorney's Office;
therefore, an investigation fee IS 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.
Approval of this USR application and completion of all Conditions of Approval, recording
the final USR map and submittal and completion of the change of use building permit
would correct the violation. If this application is denied, the case will continue through
the County Court process until the number of dogs has been reduced to 4 (four) or
fewer at any given time.
SERVICE, TEAMWORK, INTEGRITY, QUALITY
Submit by Email
Weld County Referral
November 15, 2022
The Weld County Department of Planning Services has received the following item for review:
Applicant: Christopher Gleason Case Number: USR22-0033
Please Reply By: December 13, 2022
Planner: Kim Ogle
Project: A Site Specific Development Plan and Use by Special Review Permit for a Breeding and
Boarding Kennel limited to fourteen (14) dogs over the age of six (6) months outside of subdivisions
and historic townsites in the A (Agricultural) Zone District
Parcel Number: 055314300023-R8952863 Legal: LOT B REC EXEMPT RECX17-0152; PART W2W2
SECTION 14, T8N, R66W of the 6th P.M., Weld County, Colorado.
Location: Approximately 300 -feet east of County Road 33; north of and adjacent to County Road 92
Section Line.
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.
E
El
0
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 Cynthia Villanueva Date 11/18/2022
Agency Code Compliance
Weld County Planning Dept. 1555 N. 17th Ave, Greeley, CO 80631 (970)-400-6100 (970)-304-6498 fax
** INBOUND NOTIFICATION : FAX RECEIVED SUCCESSFULLY **
TIME RECEIVED
December 8, 2022 at 1:46:37 PM MST 9708342755
REMOTE CSID
DURATION PAGES STATUS
90 2 Received
12/08/2022 THU 13:39 FAX 9708342755 Town of Pierce
2001/002
Weld County Referral
November 15, 2022
•
The Weld County Department of Planning Services has received the following item for review:
Applicant: Christopher Gleason Case Number: USR22-0033
Please Reply By: December 13, 2022 Planner: Kim Ogle
Project: A Site Specific Development Plan and Use by Special Review Permit for a Breeding and
Boarding Kennel limited to fourteen (14) dogs over the age of six (6) months outside of subdivisions
and historic townsites in the A (Agricultural) Zone District
Parcel Number: 055314300023-R8952863 Legal: LOT B REC EXEMPT RECX17-0152; PART W2W2
SECTION 14, T8N, R66W of the 6th P.M., Weld County, Colorado.
Location: Approximately 300 -feet east of County Road 33; north of and adjacent to County Road 92
Section Line.
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.
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
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Agency To
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Re-rc-e p1 etrinifr)3
Date 2/3/ada
Weld County Planning Dept. 1555 N. 17th Ave, Greeley, CO 80631 (970)-400-6100 (970)-304-6498 fax
12/08/2022 THU 13:40 FAX 9708342755 Town of Pierce O002/002
12/08/2022
Weld County Department of Planning Services
Case Number USR22-0033
Applicant: Christopher Gleason
Attention: Kim Ogle,
We, the Town of Pierce planning board, have received this Weld County Referral and have the
following concerns. In taking a drive out to the property and looking around, neighbors
approached us and raised some concerns. They relayed stories about having to call 911 in
response to a dog dragging the owner of the property around and said there was blood
everywhere. There was more than one incident involving animal human encounters.
Being animal lovers, we have some big concerns about whether this facility will be operated
with respect and safety to both animals and humans. We felt it necessary to bring forth the
concerns made by neighbors and express these concerns.
We could find no information in the referral that addressed if neighbors had been notified, or if
the proposed owners have training and or previous experience and references. Water, sewer
and land all meet appropriate guidelines, our concern as stated is for the safety and well-being
of animals and humans.
We ask that this not be allowed until further investigation is done, and steps are taken to
ensure the safety of all parties involved. Given the information is correct moving ahead would
also put added strain on our already limited resources as in police and ambulances.
Thank you very much for your time.
Sincerely,
Town of Pierce Planning Board
Weld County Referral
Y
November 15, 2022
Submit by Email
The Weld County Department of Planning Services has received the following item for review:
Applicant: Christopher Gleason Case Number: USR22-0033
Please Reply By: December 13, 2022 Planner: Kim Ogle
Project: A Site Specific Development Plan and Use by Special Review Permit for a Breeding and
Boarding Kennel limited to fourteen (14) dogs over the age of six (6) months outside of subdivisions
and historic townsites in the A (Agricultural) Zone District
Parcel Number: 055314300023-R8952863 Legal: LOT B REC EXEMPT RECX17-0152; PART W2W2
SECTION 14, T8N, R66W of the 6th P.M., Weld County, Colorado.
Location: Approximately 300 -feet east of County Road 33; north of and adjacent to County Road 92
Section Line.
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
P
F -
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
Kim Ogle
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 USR22-0033 and the application submitted by Christopher Gleason. The use that
is described by the applicant in the application materials would require a state Pet Animal Care
Facilities (PACFA) license, specifically a boarding/training license and a small scale dog
breeding facility license if the applicant raises and produces more than two litters of puppies or
transfers more than 24 puppies 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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