HomeMy WebLinkAbout20220506.tiffMEMORANDUM
TO: Maxwell Nader, Planning Services
FROM: Melissa J King, PE, Development Review
DATE: November 24, 2021
SUBJECT: USR21-0021 Schriefer
The Weld County Department of Public Works has reviewed this proposal. 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: USR for a dog training facility (dog obedience classes weekday evenings) for up to ten
(10) dogs and their respective owners. Kenneling option for Clients (up to 10 -dogs) to board their dog in
order to receive one-on-one obedience training while being boarded
This project is south of and adjacent to Longs Peak Road.
Parcel number 080514403001.
Access is from Longs Peak Road.
ACCESS
Development Review has reviewed the application materials related to access.
The parcel has two existing unpermitted access points onto Longs Peak Road approximately 210 feet and
285 feet west of the intersection of Longs Peak Road and Pikes Peak Drive. As both of these access points
appear to meet the Minimum Spacing Criteria, the applicant shall obtain access permits for these locations.
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 with Public Works prior to laying out your site plan to ensure
the approved accesses are compatible with your layout. 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 are shown in Weld
County Code, Sec. 8-14-30 Table 1. Please refer to Chapter 8 of the Weld County Code for more
information regarding access.
ROADS AND RIGHTS -OF -WAY
Longs Peak Road is a paved 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 or reserved per Weld County Code. 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.weIdgov.com/departments/pub/ Icworks/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 current traffic counts are available for this portion of Longs Peak Drive. It is noted that Longs Peak
Drive is a dead-end road to the west.
The traffic information submitted with the application materials indicated that there will be approximately 22
passenger car daily roundtrips. 100% of the traffic will be going to the east to access Pikes Peak Drive.
No other 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. The drainage narrative did include the design for a water quality feature
designed by a professional engineer licensed in the State of Colorado.
No other stormwater 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
The plan shall be amended to delineate the following:
1. Longs Peak Drive is a paved 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 approved access locations, approved access width and the appropriate turning
radii on the site plan. The applicant must obtain an access permit in the approved locations prior to
operation. (Development Review)
3. Show and label the drainage flow arrows. (Development Review)
4. 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. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire
an approved Right -of -Way Use Permit prior to commencement. (Development Review)
5. The historical flow patterns and runoff amounts on the site will be maintained. (Development Review)
WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
c u rY 1555 North 17th Avenue, Greeley, CO 80631 www.weldhealth.org
Memorandum
To: Kim Ogle
From: Lauren Light, Environmental Health Services
Date: December 8, 2021
Re: USR21-0021 Applicant: John and Megan Schriefer
Environmental Health Services has reviewed this proposal for a dog training facility (dog
obedience classes weekday evenings) for up to ten (10) dogs and their respective
owners. Kenneling option for Clients (up to 10 -dogs) to board their dog in order to
receive one-on-one obedience training while being boarded.
Water to the site is provided by North Weld County Water District. The on -site
wastewater system for the residence is permitted for 3 bedrooms (G1 9722139). An
engineer review of the on -site wastewater system is required if the system is utilized for
business use. A restroom will be provided in the proposed building and a new OWTS or
expansion of the existing system will be required. A portable toilet can be utilized in
accordance with EH policy.
A dust abatement plan was submitted which states, in part: "After construction is
completed the site will be stabilized using native vegetation, which will not be allowed to
grow over 12" high. Additionally, High Plains K-9 Connections will gravel the access
drive and circulation pattern. In addition, a water truck will be utilized to control dust
after construction, if required. The outdoor areas for the dogs will be seeded with a
native grass mix including buffalo grass and blue grama. The grass seeding will need to
be established prior to the use by the dogs. If there is not sufficient time for establishing
the seeding prior to active use, the area will need to be sodded instead. This native
grass mix will require minimal irrigation; however, it will need to be watered daily to
ensure the grass is maintained. The healthy grass will ensure the outdoor area for the
dogs does not generate dust."
A waste handling plan was submitted which states, in part: "The expected volume of
waste generated will be limited to dog waste and miscellaneous refuse from the visitors
on -site for the training classes as well as employees of the business (i.e., lunch
containers, beverage containers, etc.). The current employees of the business are also
the residents of the house. The volume will be collected in the 96 gallon Polyethylene
Health Administration Public Health & Environmental Health Communication, Emergency Preparedness
Vital Records Clinical Services Services Education & Planning & Response
Icic: 9/U 304 6410 Ice: 9/0 304 6420 Tele: 970-304-6415 Tele: 970-.304-6470 Tele: 970-304-6470
Fax: 9/U -30T-641'2 Fax: 5l0-304-6416 Fax: 970-304-6411 Fax: 970-304-6452 Fax: 970-304-6462 publicHeadth
Outdoor Garbage Can and collected weekly by the waste handler (Bunting Garbage
Disposal)."
Noise is restricted to the residential limit. The application states the future facility would
be an indoor training space which would allow year-round operations as well as limit the
noise concerns for surrounding neighbors.
We recommend that the following requirements be incorporated into the permit as
development standards:
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. The applicants shall comply with all applicable rules and regulations of the
Colorado Department of Agriculture (CDA), Division of Animal Industry.
7. 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.
8. Adequate drinking, hand washing, and toilet facilities shall be provided for
employees and patrons of the facility. The facility shall utilize the existing
public water supply, as required (North Weld County Water District).
9. Any On -site Wastewater Treatment System located on the property must
comply with all provisions of the Weld County Code, pertaining to On -site
Wastewater Treatment Systems.
10. In the event the applicant intends to utilize the existing on -site wastewater
treatment system (619722139) for business use, the on -site wastewater
treatment system shall be reviewed by a Colorado Registered
Professional Engineer. 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.
11. 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 public view.
12.The operation shall comply with all applicable rules and regulations of
State and Federal agencies and the Weld County Code.
MEMORANDUM
Y To: Kim Ogle, Planner November 23, 2021
From: Hannah Dutrow, Zoning Compliance Officer
Subject: USR21-0021 Referral
Upon review of my case files and computer, an active Zoning Violation (ZCV21-0021 1) was noted. This
violation was initiated due to the operation of a dog -training facility without first obtaining the appropriate
land use permits. This case has not yet been forwarded to the County Attorney's Office; therefore, an
investigation fee is 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.
If this application is approved, and once the applicant completes all Conditions of Approval and
submission a final and approved map for recording, the Zoning Violation (ZCV21-0021 1)would be closed
as compliant.
If this application is denied, Compliance staff asks the Board of County Commissioners to refer this
Zoning Violation (ZCV21-00211) case to the County Attorney's Office, but to delay legal action for 30
days in order to allow the applicant time to remove the commercial operations from the property.
SERVICE. TEAMWORK. INTEGRITY. QUALITY
Submit by Email
Weld County Referral
November 22, 2021
The Weld County Department of Planning Services has received the following item for review:
Applicant: John and Megan Schriefer
Please Reply By: December 21, 2021
Case Number: USR21-0021
Planner: Kim Ogle
Project: USR for a dog training facility (dog obedience classes weekday evenings) for up to ten (10)
dogs and their respective owners. Kenneling option for Clients (up to 10 -dogs) to board their dog
in order to receive one-on-one obedience training while being boarded
Parcel Number: 080514403001-R1326086 Legal: LOT 10 Pinnacle Park Filing #2, Part of Section
14, T6N, R66W of the 6th P.M, Weld County, Colorado.
Location: South of and adjacent to Longs Peak Road, approximately 1100 -feet west of County Road
35, approximately 425 -feet north of Hwy 392.
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:
IT We have reviewed the request and find no conflicts with our interests.
0 See attached letter.
Signature Dale Trowbridge
Agency New Cache La Poudre Irrigating Company
Date 12-16-21
Weld County Planning Dept. 1555 N. 17th Ave, Greeley, CO 80631 (970)-400-6100 (970)-304-6498 fax
THE NEW CACHE LA POUDRE IRRIGATING COMPANY
THE CACHE LA POUDRE RESERVOIR COMPANY
(970) 352-0222
Project Revjew Comments
Case Number: USR21-0021 Submittal Date: 12/16/2021
Applicant: Schriefer
Reviewed by: The New Cache La Poudre Irrigating Company
In reviewing the application, New Cache make the following comments.
The canal for The New Cache La Poudre Irrigating Company (New Cache), commonly known as
Greeley #2 Canal, is on the south property line. To our knowledge, no platted easement has ever been
designated at this location. New Cache has a prescriptive easement (the canal has been in existence
since 1870) for operation and maintenance of the canal. Typically, when a parcel is being developed or
platted, an easement width is designated on the plat. New Cache is requesting that this designation be
made at 25 feet from the top of bank. I have attached a template agreement for this purpose that we
expect to be executed prior to county approval. Please follow up on the execution of this agreement.
The maintenance activity includes, but is not limited to weed control, excavation of the canal,
weed burning, water delivery, etc. Some of these activities occur on an irregular basis depending on
need. Access along the canal must be maintained in order to perform ourtasks. Access must not be
restricted. No fences, landscaping, improvements, or other changes made to the easement without the
written permission of the New Cache La Poudre Irrigating Company.
Secondly, the applicant is proposing changes to the historical drainage of the property. The storm
drainage analysis completed November 8, 2021 (submitted to Weld County Public Works) by Kimley-Horn
indicates an increase in the stormwater flows from the property, but state that the "flow increases are
minimal, and do not merit implementation of full -spectrum detention facilities". To maintain consistency
throughout the canal system, New Cache is requesting the detention and water quality measures be
installed. The plans for the detention must be approved by New Cache prior to approval.
Thirdly, New Cache is concerned about an increase in trash, animal refuse, etc. entering the canal
from the property unless strict measures are taken. More traffic leads to more impact. The canal is not a
trash dump.
Thank you for allowing New Cache to comment on this application. Please keep us informed as to the
progress of this proposal. Give me a call if you have questions.
Respectfully,
Dale Trowbridge
General Manager
The New Cache La Poudre Irrigating Company
33040 Railroad Avenue • P.O. Box 104 • Lucerne, Colorado 80646
EASEMENT AND RIGHT OF WAY AGREEMENT
THIS EASEMENT AND RIGHT OF WAY AGREEMENT, made and entered into as of
the day of , by and between the parties, being:
whose address is
hereinafter called "Landowners", and The New Cache
La Poudre Irrigating Company, a Colorado non-profit corporation whose address is 33040
Railroad Avenue, Lucerne, CO 80646, hereinafter called the "Company."
FACTUAL RECITALS
A. The Company is the operator of a canal or ditch known as the New Cache La
Poudre Irrigating Company Canal, also commonly known as the Greeley No. 2 Canal
(hereinafter called the "Canal").
B. The Canal transports water and a portion of the Canal exists and travels over
and/or along a tract of land owned by Landowners. Said tract of land is generally located in
, Colorado and more
particularly described in Exhibit A, attached hereto and incorporated herein by this reference the
"Property".
C. The parties agree that the Company has a valid, existing easement and right of
way for the Canal and sufficient lands on each side of the Canal to allow the Company to fully
enjoy and utilize the easement and right of way, as more particularly described in Section 2
below. However, the parties are unaware of any written document that evidences this easement.
In an effort to better describe the extent of the easement for the Canal enjoyed by the Company,
the parties enter into this Easement and Right of Way Agreement (the "Agreement").
NOW THEREFORE, for good and valuable consideration, including the mutual promises
contained herein, and for other valuable consideration, the sufficiency and adequacy thereof
being acknowledged by the parties by their signatures below, the parties agree as follows:
1. Incorporation of Recitals. The factual recitals recited above are hereby
incorporated by reference as though fully set forth.
2. Canal Easement. The Company has an easement and right of way for the Canal
and sufficient lands on each side of the Canal for its maintenance, repair, operation,
improvement, enlargement, access (including, without limitation, vehicular and pedestrian), and
to allow the Company to do whatever is reasonably necessary for the Company to fully utilize
and enjoy the easement and right of way; however, in no event shall said easement and right of
way be less than twenty five (25) feet in width on each side of the Canal, measured as twenty
five (25) feet "below" the high water line of the Canal and twenty five (25) feet "above" the
high water line of the Canal. (Note: The centerline of the Canal varies throughout the tract and,
therefore, may not provide a consistent reference point. Instead, the high water line on each
bank of the Canal shall be the point of reference. The highest mark left on the canal bank by
Page 1 of 4
preceding high water passing through the Canal shall constitute the high water line. Also, as used
in this Agreement, "below" the Canal is, generally speaking, to the south of the Canal as it
meanders — it is the down -gradient or downhill side of the Canal. Conversely, "above" the Canal
is, generally speaking, to the north of the Canal as it meanders — it is the up -gradient or uphill
side of the Canal). This easement and right of way for the Canal is hereinafter referred to as the
"Canal Easement".
3. Right of Ingress and Egress. The parties acknowledge that the Company also has
the right of ingress to and from the Canal and its Canal Easement over and across the Property by
means of roads and lanes thereon, if such exist or as such may be constructed by the Landowners
in the future, otherwise by such route or routes as shall occasion the least practicable damage and
inconvenience to the Landowners.
4. Conveyance. To the extent it is necessary to ensure the validity of any of the
above easements and rights of way, the Landowners hereby sell, convey and grant to the
Company the above -described easements and rights of way.
5. No obstructions. The Canal Easement described herein includes, but is not limited
to, the canals and ditches, their beds, banks, slopes, roadway, headgates, diversion boxes, flumes,
spillways, and erosion and structural support systems, whether presently existing or constructed
in the future. The Landowners their heirs, successors and/or assigns, shall take no action that
reduces in size, disturbs or otherwise adversely affects the Canal Easement. In particular, but not
by way of limitation, the Landowners, their heirs, successors and/or assigns, shall not erect nor
place any buildings, structures, improvements, fences and/or trees within, across, over and/or on
the Canal Easement, and/or shall not store any machinery, hay, refuse, junk, debris, garbage or
other items within, over, across and/or on the Canal Easement. The Company shall not be liable
for the removal of such buildings, structures, improvements, fences, trees, machinery, hay,
refuse, junk, debris, garbage or other items placed across, over, on and/or stored within the Canal
Easement. In the event any obstructions have been placed in the Canal Easement and/or are
placed in the Canal Easement in the future, such obstruction(s) is an encroachment within, on,
over and/or under the Canal Easement. Absent a separate agreement with the Company to allow
the obstruction to remain across, over, on, under and/or stored within the Canal Easement, the
Landowners shall immediately remove said obstruction(s), and/or the Company may remove said
obstruction(s) and the Landowners shall reimburse the Company for any costs and expenses
incurred by the Company for such removal.
8. Maintenance and Repair of Canal. In the event it is necessary for the Company to
repair or maintain the Canal or Canal Easement due to the actions of the Landowners, the
Landowners shall reimburse the Company for such repair or maintenance. Determination of
whether repair or maintenance is necessary shall be at the discretion of the Company.
9. Emergency Repairs. In the event that the Company finds it necessary to perform
emergency repairs to the Canal and/or Canal Easement, the Company shall be wholly without
liability to the Landowners for damages as a result of the performance of said repairs, except as
to such damage as may be caused by the gross negligence or wanton and willful misconduct of
2
the Company. Determination of whether an emergency exists shall be at the sole discretion of
the Company.
10. Choice of Law. This Agreement shall be construed and enforced in accordance
with the laws of the State of Colorado.
11. Successors and Assigns. This Agreement, and all of its provisions, is binding
upon and shall inure to the benefit of the parties, their heirs, successors and assigns, and shall be
a covenant running with the Property.
12. Recordation. This Agreement shall be recorded in the records of the Clerk and
Recorder of Weld County, Colorado. The cost of such recording shall be borne by the Company.
EXECUTED the date written first above.
LANDOWNERS:
STATE OF COLORADO )
ss.
COUNTY OF
The foregoing instrument was acknowledged before me this day of
by and
WITNESS my hand and official seal.
Notary Public
My commission expires:
THE NEW CACHE LA POUDRE IRRIGATING
COMPANY
By:
Mike Hungenberg, President
3
STATE OF COLORADO )
ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this day of
, by Mike Hungenberg, President of The New Cache La Poudre
Irrigating Company.
WITNESS my hand and official seal.
Notary Public
My commission expires:
4
Submit by Email
Weld County Referral
November 22, 2021
The Weld County Department of Planning Services has received the following item for review:
Applicant: John and Megan Schriefer
Please Reply By: December 21, 2021
Case Number: USR21-0021
Planner: Kim Ogle
Project: USR for a dog training facility (dog obedience classes weekday evenings) for up to ten (10)
dogs and their respective owners. Kenneling option for Clients (up to 10 -dogs) to board their dog
in order to receive one-on-one obedience training while being boarded
Parcel Number: 080514403001-R1326086 Legal: LOT 10 Pinnacle Park Filing #2, Part of Section
14, T6N, R66W of the 6th P.M, Weld County, Colorado.
Location: South of and adjacent to Longs Peak Road, approximately 1100 -feet west of County Road
35, approximately 425 -feet north of Hwy 392.
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:
FT We have reviewed the request and find no conflicts with our interests.
❑ See attached letter.
Signature Kristin Cote
Agency City of Greeley
Date 11/24/2021
Weld County Planning Dept. 1555 N. 17th Ave, Greeley, CO 80631 (970)-400-6100 (970)-304-6498 fax
Hello