HomeMy WebLinkAbout20200533.tiffLAND USE APPLICATION
SUMMARY SHEET
Planner: Diana Aungst Hearing Date: February 4, 2020
Case Number: USR19-0069
Applicant: Troy Andersen
Request: A Site Specific Development Plan and Use by Special Review Permit for a kennel (up
to 120 dogs six (6) months of age or older to include a dog daycare and boarding) in
the A (Agricultural) Zone District.
Legal Subdivision Exemption SUBX18-0021; being part of the N2 of Section 10, T2N, R67W
Description: of the 6th P.M., Weld County, CO
Location: Approximately one -tenth of a mile south of CR 24 and east of and adjacent to CR 19
Size of Parcel: +1- 10 acres Parcel No. 1311-10-2-00-034
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
y Central Weld County Water District, referral dated January 9, 2020
y Weld County Department of Public Works, referral dated January 13, 2020
y Platteville-Gilcrest Fire Protection District, referral dated December 17, 2019
y Weld County Department of Public Health and Environment, referral dated January 9, 2020
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
V V V V \%
Town of Firestone, referral dated December 30, 2019
City of Fort Lupton, referral dated December 16, 2019
Longmont Conservation District, referral dated January 9, 2020
Colorado Parks and Wildlife, referral dated December 21, 2019
Weld County Sheriff's Office, referral dated December 13, 2019
Weld County Zoning Compliance, referral dated December 12, 2019
Weld County School District RE -1, referral dated December 12, 2019
State of Colorado Department of Agriculture — PACFA, referral dated December 16, 2019
The Department of Planning Services' staff has not received responses from the following agencies:
▪ Weld County Extension Office
▪ Weld County Department of Building Inspection
y State of Colorado, Division of Water Resources
▪ United States Department of Agriculture, APHIS Veterinary Service
USR19-0069 - Troy Andersen
Page 1 of 10
Planner:
Case Number:
Applicant:
Request:
Legal
Description:
Location:
Size of Parcel:
Case Summary:
Diana Aungst
USR19-0069
Troy Andersen
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Hearing Date: February 4, 2020
A Site Specific Development Plan and Use by Special Review Permit for a kennel (up
to 120 dogs six (6) months of age or older to include a dog daycare and boarding) in
the A (Agricultural) Zone District.
Subdivision Exemption SUBX18-0021; being part of the N2 of Section 10, T2N, R67W
of the 6th P.M., Weld County, CO
Approximately one -tenth of a mile south of CR 24 and east of and adjacent to CR 19
+/- 10 acres Parcel No. 1311-10-2-00-034
The applicant is proposing a dog kennel and dog daycare facility for up to 120 dogs. There is an existing
house on the property that will be used as the manager's residence. The application materials state that a
new 7,200 square foot main building will be constructed along with four (4) 2,100 square foot kennels. The
main building will contain offices, daycare portion, and indoor exercise areas. The four kennels will be
connected to the main building. Each of the kennels will house 30 dogs. Premium insulation will be used in
all buildings for sound remediation for indoor barking.
The outside exercise areas and kennel runs will be fully fenced with an 8 -foot chain link fence. Screening
will be used as needed to isolate the dogs from outside factors to minimize barking. A noise abatement
plan was submitted which indicates buildings will be insulated and there will always be a handler when the
dogs are outside. The kennel runs will have pea gravel and the exercise areas will be natural grass
vegetation that already exists on the property.
The application materials state that there will be ten (10) full-time employees. The hours of operation are
proposed to be Monday — Friday 7:00am to 7:00pm, Saturday 7:00am to 1:00pm and Saturday and Sunday
4:00pm to 6:00pm for boarding pickup only. The application materials state that the parking area will consist
of fifty-eight (58) parking stalls and four (4) ADA parking stalls.
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260
of the Weld County Code.
2. It is the opinion of the Department of Planning Services' staff that the applicant has shown
compliance with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1. -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
USR19-0069 - Troy Andersen
Page 2 of 10
Section 22-2-10.G.2 - A.Policy 7.2. states "Conversion of agricultural land to nonurban
residential, commercial and industrial uses should be accommodated when the subject site is
in an area that can support such development, and should attempt to be compatible with the
region."
The proposed use is in an area that is remote with limited residences in the adjacent to the
site. The application materials include a Noise Abatement Plan that has been approved by the
Department of Public Health and Environment. This USR is in an area that can support this
development and the Development Standards and the Conditions of Approval will assist in
mitigating the impacts of the facility on the adjacent properties and ensure compatibility with
surrounding land uses and the region.
Section 22-2-100.A - C.Goal.1 states "Promote the location of commercial uses within
municipalities, County Urban Growth Boundary areas, Intergovernmental Agreement urban
growth areas, growth management areas as defined in municipal comprehensive plans, the
Regional Urbanization Areas, Urban Development Nodes or where adequate services are
currently available or reasonably obtainable."
The site is located within the Firestone and Fort Lupton Cooperation Planning Area (CPA).
The 2013 Firestone Comprehensive Plan includes this area in the Urban Growth Boundary
(UGB) which defines the Firestone Master Plan Area (MPA). The UGB and MPA outline the
area of potential annexation. Firestone's Land Use Map shows this as a "Mixed -Use" area, that
is, an area that provides for a "potential mix of all land uses, except for very low -density single
family residential."
Even though the current 2018 Fort Lupton Comprehensive Plan shows the site on the far
western edge of the land use map Fort Lupton has annexed County Road 24 up to County
Road 19. The County Road 24 and 19 intersection is just north of the site. The Fort Lupton
Land Use Map shows this area as Agricultural and Rural Residential.
Section 22-2-20.H - A. Goal 8. states, "Ensure that adequate services and facilities are currently
available or reasonably obtainable to accommodate the requested new land use change for
more intensive development."
The site is served by Central Weld County Water District and the applicant is proposing a
commercial septic system. The applicant will also need to comply with the requirements of the
Platteville-Gilcrest Fire Protection District, as stated in the referral dated December 17, 2019.
B. Section 23-2-220.A.2. -- The proposed use is consistent with the intent of the A (Agricultural)
Zone District.
Section 23-3-10 — Intent states, "The A (Agricultural) Zone District is also intended to provide
areas for the conduct of uses by Special Review which have been determined to be more
intense or to have a potentially greater impact than uses Allowed by Right. "This code section
allows the applicant to apply for a Use by Special Review permit for the subject business which
is more intense than Uses Allowed by Right.
Section 23-3-40.N. — Uses by special review, of the Weld County Code states, "Kennels,
subject to the additional requirements of Section 23-4-400." This code section allows the
applicant to apply for a USR for a kennel in the agricultural zone district.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The adjacent lands consist of pastures, crops, and an abandoned turkey farm. There are two
residences is approximately 500 -feet north/northeast of the site.
There are five (5) USRs within one mile of this site. USR-1063 for a 24 -inch gas line is east of
the site. USR-1310 for an equine center is located northeast of the site. USR-1070 for an
USR19-0069 - Troy Andersen
Page 3 of 10
agricultural irrigation business is located northwest of the site. Amended USR-1120 for an
equestrian center and MUSR13-0017 for a mineral resource development facility is located
southwest of the site.
The Weld County Department of Planning Services sent notice to six (6) surrounding property
owners within 500 feet of the proposed USR boundary. No responses were received. No other
correspondence or phone calls were received.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities.
The site is located within a three (3) mile referral area of the City of Fort Lupton and the Town
of Firestone. The City of Fort Lupton's referral agency comment dated December 16, 2019,
state from the Public Works Director, "County Road 19, if City, is an Arterial Road in our City
Transportation Plan and would have a right-of-way of 110 -feet. This would only require
dedication of additional 25 -feet vs the 40 -feet shown." County Road 19 is not annexed into the
City of Fort Lupton at this location so the future right-of-way will need to comply with the
County's requirements. The comments from the City of Fort Lupton's Planning Director state,
"We met with the applicant concerning the option of annexation. We request the applicant
contact us if they wish to pursue annexation in the future." The Town of Firestone's referral
agency comments dated December 30, 2019 stated no concerns.
The site is also located within the Cooperative Planning Area for the City of Fort Lupton and
the Town of Firestone. As part of the pre -application process, both municipalities were notified
of the proposal by Planning staff and were provided Notice of Inquiry forms by the applicant.
The City of Fort Lupton returned a Notice of Inquiry form dated May 16, 2019 which stated,
"Fort Lupton met with the property owners concerning the option of annexation May 16, 2019.
Fort Lupton is interested in annexing the property." The Town of Firestone returned a Notice of
Inquiry form that stated that they are not interested in annexation of the property.
The site is not located with a Regional Urbanization Area (RUA) or Urban Growth Boundary
(UGB).
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of the
Weld County Code.
The property is not within the MS4, the Geologic Hazard Overlay District, a Special Flood
Hazard Area or the Airport Overlay District. Building Permits issued on the lot will be required
to adhere to the fee structure of the County -Wide Road Impact Fee Program. Building Permits
issued on the proposed lot will be required to adhere to the fee structure of the County Facility
Fee and Drainage Impact Fee Programs.
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use.
The proposed facility located on soils designated as "Other" per the 1979 Soil Conservation
Service Important Farmlands of Weld County Map. This USR will not take any "Prime
(Irrigated)" Farmland out of production.
G. Section 23-2-220.A.7 -- There is adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County.
The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section
23-2-250, Weld County Code), Conditions of Approval and Development Standards can ensure
that there are adequate provisions for the protection of health, safety, and welfare of the
inhabitants of the neighborhood and County.
USR19-0069 - Troy Andersen
Page 4 of 10
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Department of Planning Services' staff recommendation for approval is conditional upon the following:
1. Prior to recording the map:
A. An Improvements and Road Maintenance Agreement is required for off -site improvements at
this location. Road maintenance includes, but is not limited to, dust control and damage repair
to specified haul routes. The Agreement shall include provisions addressing engineering
requirements, submission of collateral, and testing and approval of completed improvements.
(Department of Public Works)
B. A Final Drainage Report and Certification of Compliance stamped and signed by a Professional
Engineer registered in the State of Colorado is required. (Department of Public Works)
C. The applicant shall address the requirements of the Central Weld County Water District, as
stated in the referral response dated January 9, 2020. Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services. (Department of Planning
Services)
D. The applicant shall address the requirements of the Platteville-Gilcrest Fire Protection District,
as stated in the referral response dated December 17, 2019. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Department of
Planning Services)
E. The USR map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR19-0069. (Department of Planning Services)
2) The attached Development Standards. (Department of Planning Services)
3) The map shall be prepared per Section 23-2-260.D of the Weld County Code. (Department
of Planning Services)
4) The applicant shall delineate on the map the trash collection areas. Section 23-2-240.A.13
of the Weld County Code addresses the issue of trash collection areas. (Department of
Planning Services)
5) If applicable, the map shall delineate the lighting. (Department of Planning Services)
6) The map shall show the landscaping. (Department of Planning Services)
7) All signs shall be shown on the map. (Department of Planning Services)
8) The map shall delineate the parking area on the map. (Department of Planning Services)
9) County Road 19 is a paved road and is designated on the Weld County Functional
Classification Map as a arterial road which requires 140 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. (Department of Public Works)
10) Show and label the approved access locations, approved access width and the appropriate
turning radii (60') on the site plan. The applicant must obtain an access permit in the
approved location(s) prior to construction. (Department of Public Works)
USR19-0069 - Troy Andersen
Page 5 of 10
11) Show and label the entrance gate if applicable. An access approach that is gated shall be
designed so that the longest vehicle (including trailers) using the access can completely
clear the traveled way when the gate is closed. In no event, shall the distance from the
gate to the edge of the traveled surface be less than 35 feet. (Department of Public Works)
12) Show and label the accepted drainage features. Stormwater ponds should be labeled as
"Stormwater Detention, No -Build or Storage Area" and shall include the calculated volume.
(Department of Public Works)
13) Show and label the drainage flow arrows. (Department of Public Works)
14) Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property. (Department of Public Works)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic
copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning
Services. Upon approval of the map the applicant shall submit a Mylar map along with all other
documentation required as Conditions of Approval. The Mylar map shall be recorded in the office
of the Weld County Clerk and Recorder by the Department of Planning Services. The map shall
be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code.
The Mylar map and additional requirements shall be submitted within one hundred twenty (120)
days from the date of the Board of County Commissioners Resolution. The applicant shall be
responsible for paying the recording fee. (Department of Planning Services)
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the
map not be recorded within the required one hundred twenty (120) days from the date of the Board
of County Commissioners Resolution, a $50.00 recording continuance charge shall added for each
additional three (3) month period. (Department of Planning Services)
4. Prior to Construction:
A. The approved access and tracking control shall be constructed prior to on -site construction.
(Department of Public Works)
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Department of Public Works)
5. Prior to Certificate of Occupancy:
A. The applicant shall submit an As -Built Drawing of each permanent control measure, signed
and stamped by a Professional Engineer registered in the State of Colorado. After the
submittal, Public Works shall be allowed to enter the premises to inspect the permanent control
measure(s) to confirm proper installation, as detailed in the drawing. (Department of Public
Works)
6. The Use by Special Review is not perfected until the Conditions of Approval are completed and the
map is recorded. Activity shall not occur, nor shall any building or electrical permits be issued on
the property, until the Use by Special Review map is ready to be recorded in the office of the Weld
County Clerk and Recorder or the applicant has been approved for an early release agreement.
(Department of Planning Services)
USR19-0069 - Troy Andersen
Page 6 of 10
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Troy Andersen
USR19-0069
1. A Site Specific Development Plan and Use by Special Review Permit, USR19-0069, for a kennel
(up to 120 dogs six (6) months of age or older to include a dog daycare and boarding) in the A
(Agricultural) Zone District., subject to the Development Standards stated hereon. (Department of
Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. The number of on -site employees shall be ten (10). (Department of Planning Services)
4. The hours of operation are proposed to be Monday — Friday 7:00am to 7:00pm, Saturday 7:00am
to 1:00pm and Saturday and Sunday 4:00pm to 6:00pm for boarding pickup only. (Department of
Planning Services)
5. Dogs shall be kept indoors between 7:00 p.m. and 7:00 a.m. (Department of Planning Services)
6. The screening/landscaping shall be maintained. (Department of Planning Services)
7. The parking area shall be maintained. (Department of Planning Services)
8. The approved noise abatement plan shall be maintained. (Department of Planning Services)
9. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of
the Weld County Code. (Department of Planning Services)
10. Maximum of one -hundred -twenty (120) dogs permitted on site. Dogs over the age of six (6) months
are counted towards the maximum numbers described above in accordance with Section 23-1-90
of the Weld County Code. (Department of Planning Services)
11. 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. (Department of Public Works)
12. The access to the site shall be maintained to mitigate any impacts to the public road, including
damages and/or off -site tracking. (Department of Public Works)
13. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
14. 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. (Department of Public
Works)
15. The Property Owner shall comply with all requirements provided in the executed Improvements
Agreement. (Department of Public Works)
16. The Improvements Agreement for this site may be reviewed on an annual basis, including a site
visit and possible updates. (Department of Public Works)
17. The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement. (Department of Public Works)
18. The Road Maintenance Agreement for this site may be reviewed on an annual basis, including a
site visit and possible updates. (Department of Public Works)
USR19-0069 - Troy Andersen
Page 7 of 10
19. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
20. Weld County is not responsible for the maintenance of onsite drainage related features.
(Department of Public Works)
21. 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. (Department of Public Health and Environment)
22. 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. (Department of Public Health and Environment)
23. 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. (Department of Public Health and Environment)
24. 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. (Department of Public Health and Environment)
25. The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone
as delineated in 25-12-103 C.R.S. The accepted noise abatement plan shall be adhered to.
(Department of Public Health and Environment)
26. Any septic system located on the property must comply with all provisions of the Weld County
Code, pertaining to On -site Wastewater Treatment Systems. A permanent, adequate water supply
shall be provided for drinking and sanitary purposes. (Department of Public Health and
Environment)
27. 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. (Department of Public
Health and Environment)
28. The applicant shall comply with the Colorado Department of Agriculture (CDA), Division of Animal
Industry regulations. (Department of Public Health and Environment)
29. The operation shall comply with all applicable rules and regulations of the State and Federal
agencies and the Weld County Code. (Department of Public Health and Environment)
30. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties
where such would cause a nuisance or interfere with the use on the adjacent properties in
accordance with the plan. Neither the direct, nor reflected, light from any light source may create
a traffic hazard to operators of motor vehicles on public or private streets. No colored lights may
be used which may be confused with, or construed as, traffic control devices. (Department of
Planning Services)
31. A building permit may be required, per Section 29-3-10 of the Weld County Code. Currently the
following has been adopted by Weld County: 2018 International Codes; 2006 International Energy
Code; 2017 National Electrical Code; A building permit application must be completed and two
complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or
engineer must be submitted for review. A geotechnical engineering report performed by a
registered State of Colorado engineer shall be required or an open hole inspection. (Department
of Building Inspection)
USR19-0069 - Troy Andersen
Page 8 of 10
32. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and
Public Health and Environment shall be granted access onto the property at any reasonable time
in order to ensure the activities carried out on the property comply with the Conditions of Approval
and Development Standards stated herein and all applicable Weld County regulations.
33. The Use by Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from the
plans or Development Standards, as shown or stated, shall require the approval of an amendment
of the Permit by the Weld County Board of County Commissioners before such changes from the
plans or Development Standards are permitted. Any other changes shall be filed in the office of
the Department of Planning Services.
34. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards may
be reason for revocation of the Permit by the Board of County Commissioners.
35. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most
abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and
coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the
state's commercial mineral deposits are essential to the state's economy; (b) the populous counties
of the state face a critical shortage of such deposits; and (c) such deposits should be extracted
according to a rational plan, calculated to avoid waste of such deposits and cause the least
practicable disruption of the ecology and quality of life of the citizens of the populous counties of
the state.
Mineral resource locations are widespread throughout the County and person moving into these
areas must recognize the various impacts associated with this development. Often times, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these
resources are protected property rights and mineral owners should be afforded the opportunity to
extract the mineral resource.
36. WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in the country in
total market value of agricultural products sold. The rural areas of Weld County may be open and
spacious, but they are intensively used for agriculture. Persons moving into a rural area must
recognize and accept there are drawbacks, including conflicts with long-standing agricultural
practices and a lower level of services than in town. Along with the drawbacks come the incentives
which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of
city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms,
those features which attract urban dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural
activities will generate off -site impacts, including noise from tractors and equipment; slow -moving
farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from
animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting
and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides
and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations. A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential
development. When moving to the County, property owners and residents must realize they cannot
USR19-0069 - Troy Andersen
Page 9 of 10
take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right
to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice
the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of
state and County roads outside of municipalities. The sheer magnitude of the area to be served
stretches available resources. Law enforcement is based on responses to complaints more than
on patrols of the County, and the distances which must be traveled may delay all emergency
responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by
volunteers who must leave their jobs and families to respond to emergencies. County gravel roads,
no matter how often they are bladed, will not provide the same kind of surface expected from a
paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be
cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not
be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than
urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and
center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and
livestock, and open burning present real threats. Controlling children's activities is important, not
only for their safety, but also for the protection of the farmer's livelihood.
USR19-0069 - Troy Andersen
Page 10 of 10
December 12, 2019
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: daungst@co.weld.co.us
PHONE: (970) 400-3524
FAX: (970) 304-6498
ANDERSEN NEAL
7400 ELM STREET ENCHANTED HILLS
LONGMONT, CO 805045436
Subject: USR19-0069 - A Site Specific Development Plan and Use by Special Review Permit for a
kennel (up to 120 dogs six (6) months of age or older to include dog daycare and boarding) in the A
(Agricultural) Zone District.
On parcel(s) of land described as:
SUB EXEMPT SUBX18-0021, PART N2 SECTION 10, T2N, R67W of the 6th P.M., Weld County,
Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on February 4, 2020, at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on February 19, 2020
at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building,
1150 O Street, Greeley, Colorado. It is recommended that you and/or a representative be in
attendance to answer any questions the Planning Commission members or Board of County
Commissioners may have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld
County Planning Department with written certification indicating the above requirement has been met.
A representative from the Department of Planning Services will be out to the property a minimum of ten
days prior to the hearing to post a sign, adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place
on the property and a second sign posted at the point at which the driveway (access drive) intersects a
publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to
the Weld County Planning Commission and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at
www.weldcountyplanningcases.org
If you have any questions concerning this matter, please call.
Respectfully,
Diana Aungst
Planner
Hello