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LAND USE APPLICATION
SUMMARY SHEET
Maxwell Nader
Case Number: USR20-0019
Applicant: Lance F. & Cheryl A. Messinger
Address: 1132 State Highway 66, Longmont, CO 80504
Representative: Front Range Land Solutions c/o Rosi Dennett
Hearing Date: September 15, 2020
Request: A Site Specific Development Plan and Use by Special Review Permit for a kennel (Cat
Rescue Shelter), outside of subdivisions and historic townsites in the A (Agricultural)
Zone District.
Legal Lot A of Recorded Exemption RECX18-0015; being a part of the NW4 of Section 29,
Description: Township 3, Range 68 West of the 61h P.M., Weld County, Colorado
Location: South of and adjacent to State Highway 66; Approximately 640 feet east of County
Road 3
Size of Parcel: +/- 3.65 acres
Parcel No. 1207-29-2-00-013
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:
Weld County Zoning Compliance, referral dated July 20, 2020
▪ Colorado Department of Transportation, referral dated August 25, 2020
▪ Weld County Department of Public Works, referral dated August 13, 2020
▪ Weld County Department of Building Inspection, referral dated August 31, 2020
▪ Weld County Department of Public Health and Environment, referral dated August 10, 2020
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
Y Town of Mead, referral dated July 31, 2020
Y Town of Firestone, referral dated July 21, 2020
Y City of Longmont, referral dated August 13, 2020
Y Mountain View Fire Rescue, referral dated July 28, 2020
Y Boulder Valley - Longmont Soil Conservation District, referral dated August 17, 2020
The Department of Planning Services' staff has not received responses from the following agencies:
Y Boulder County
Y Longs Peak Water District
USR20-0019, Messinger, Page 1 of 9
Planner:
Maxwell Nader
Case Number: USR20-0019
Applicant:
Address:
Representative:
Request:
Legal
Description:
Location:
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Lance F. & Cheryl A. Messinger
1132 State Highway 66, Longmont, CO 80504
Front Range Land Solutions c/o Rosi Dennett
Hearing Date: September 15, 2020
A Site Specific Development Plan and Use by Special Review Permit for a kennel (Cat
Rescue Shelter), outside of subdivisions and historic townsites in the A (Agricultural)
Zone District.
Lot A of Recorded Exemption RECX18-0015; being a part of the NW4 of Section 29,
Township 3, Range 68 West of the 61h P.M., Weld County, Colorado
South of and adjacent to State Highway 66; Approximately 640 feet east of County
Road 3
Size of Parcel: +/- 3.65 acres
Case Summary:
Parcel No. 1207-29-2-00-013
The applicants are requesting a Site Specific Development Plan and Use by Special Review Permit for a
kennel (Cat Rescue Shelter). Longmont Friends of Feral & Abandoned Cats is a non-profit group of
volunteers who run a trap -neuter -vaccinate -return operation for feral cats in Longmont and the surrounding
area. The existing dwelling will house up to twenty-five (25) cats and the outside will contain up to thirty
(30) cats. The outdoor cats will be contained by a cat fence. There is an opaque fence proposed along the
Colorado Highway 66 rights -of -way for buffering in addition to the interior fence that will keep the cats within
the property boundary. In addition to the fencing proposed, the natural landscaping that exists will remain
including mature trees that buffer the properties to the east and west of the subject property. A development
standard has been included to ensure the applicant maintains the landscaping and screening. All buildings
on site will remain apart from a new 8' x 8' storage building proposed next to the dwelling. The existing
dwelling will be required to obtain a Change of Use Permit to change the use from residential to commercial
(if that is what they are doing.) with the Building Department for the business on site. A condition of approval
has been added to reflect this. Operation hours are 8:00 a.m. - 10:00 p.m. seven (7) days a week. Five
(5) volunteers are proposed per day with a maximum of ten (10) volunteers per day. There may be up to
fifteen (15) volunteers on site for training purposes twice a month.
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
USR20-0019, Messinger, Page 2 of 9
applicable code provisions or ordinance in effect.
The proposed use is in an area that can support this development and the existing
screening, 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 22-2-20.G. - A. Policy 7.2. 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 proposal is not changing the overall look of the property with the exception of a cat
fence and an opaque fence that will screen from the neighboring properties and the public
right-of-way. The existing landscaping will remain along with the existing house, keeping
the nature of the property the same. This proposal will help reduce the feral and abandoned
cat populations in Boulder and Weld County which promotes the health, safety, and welfare
of the Weld County citizens. Additionally, the Town of Mead's Future Land Use Map shows
the area to the north as potential Mix Use, specifically Residential/Commercial.
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."
There is currently water and septic service provided to the property. The house on the
property is currently served by Longs Peak Water District (LPWD). The applicant submitted
a letter dated May 20, 2019 from LPWD that stated the existing tap can support the new
business and they are not opposed to the cat shelter. There is a permitted commercial on -
site wastewater treatment system (OWTS) which serves the existing residence (SP -
2000068). The system was sized for a three -bedroom residence which required a larger
system than what was needed for the cat rescue, according to the engineer design. Should
the rescue revert back to a residence the system would be adequately sized.
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, of the Weld County Code 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 USR (Use by
Special Review) Permit.
Section 23-3-40.N.-- Uses by special review, of the Weld County Code allows for a "kennel
in the (A) Agricultural Zone District. This code section allows the applicant to apply for the
kennel.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses.
There are some Use by Special Review permits within one (1) mile of the subject property
and many more within two (2) miles. These USRs include one (1) dairy, two (2) RV & Boat
Storage, two (2) kennels, and four (4) home businesses.
The Town of Mead's municipal limits are north of and adjacent to the subject property and,
as stated before, are called out as mixed use, specifically Residential/Commercial per the
Town of Mead's 2018 Future Land Use Map.
USR20-0019, Messinger, Page 3 of 9
The applicant contacted surrounding property owners and received no concerns with the
proposal. The Weld County Department of Planning Services sent notice to seventeen (17)
surrounding property owners within five hundred (500) feet. Staff received two (2) letters in
opposition of the proposal. One letter outlined concerns about cats roaming around. The
second letter did not state any concerns, it just stated that they were not in favor of the cat
rescue.
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 and Intergovernmental Agreement
Area of the cities of Longmont and Firestone and town of Mead. All three municipalities
had no concerns with this request.
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 Special Flood Hazard Area, Geologic Hazard Overlay District,
Airport Overlay District or the Municipal Separate Storm Sewer System (MS4) area.
Building Permits issued on the lot will be required to adhere to the fee structure of the
County -Wide Road Impact Fee, 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 soil designation for the site is "Prime (Irrigated)" and "Irrigated Land (Not prime)" per
the 1979 Soil Conservation Service Important Farmlands of Weld County Map. The site is
not being used for agricultural production and the small lot size is not suitable for farming,
and therefore, will not being taking any agricultural land 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.
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. The applicant shall address the requirements of the Weld County Department of Building
Inspection, as stated in the referral response dated August 31, 2020. Evidence of such shall
be submitted, in writing, to the Weld County Department of Planning Services. (Department
of Building Inspection)
B. The applicant shall address the requirements of the Colorado Department of Transportation,
as stated in the referral response dated August 25, 2020. Written evidence of such shall be
USR20-0019, Messinger, Page 4 of 9
submitted to the Weld County Department of Planning Services. (Department of Planning
Services)
C. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR20-0019 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with 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
23-3-350.H of the Weld County Code addresses the issue of trash collection areas.
(Department of Planning Services)
5. The map shall delineate the existing landscaping and proposed screening.
(Department of Planning Services)
6. The map shall delineate the lighting, if applicable. (Department of Planning Services)
7. All signs shall be shown on the map and 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)
8. The map shall delineate the parking area for the volunteers. (Department of Planning
Services)
9. Show the approved Colorado Department of Transportation (C DOT) access(es) on the
site plan and label with the approved access permit number if applicable. (Department
of Public Works)
10. Show and label the drainage flow arrows. (Department of Public Works)
11. 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
plat 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. The Use by Special Review Permit 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 plat 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
USR20-0019, Messinger, Page 5 of 9
agreement (Department of Planning Services)
USR20-001 9, Messinger, Page 6 of 9
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Lance F. & Cheryl A. Messinger
USR20-0019
1. A Site Specific Development Plan and Use by Special Review Permit for a kennel (Cat Rescue Shelter),
outside of subdivisions and historic townsites 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 hours of operation are 8:00 a.m. - 10:00 p.m., Monday — Sunday. (Department of Planning
Services)
4. The number of on -site volunteers shall be no more than be fifteen (15). (Department of Planning
Services)
5. The number cats, six (6) months of age or older, shall be no more than sixty (60). (Department of
Planning Services)
6. The parking area on the site shall be maintained. (Department of Planning Services)
7. 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)
8. The existing/proposed landscaping and screening on the site shall be maintained. (Department of
Planning Services)
9. 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)
10. 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)
11. 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)
12. 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. (Department of Public
Health and Environment)
13. 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. (Department of Public Health and
Environment)
14. 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. (Department of Public
Health and Environment)
USR20-0019, Messinger, Page 7 of 9
15. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Department
of Public Health and Environment)
16. 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)
17. The applicant shall comply with the Colorado Department of Agriculture (CDA), Division of Animal
Industry regulations. (Department of Public Health and Environment)
18. The operation shall comply with all applicable rules and regulations of State and Federal agencies and
the Weld County Code. (Department of Public Health and Environment)
19. 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)
20. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
21. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Public Works)
22. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the
following have been adopted by Weld County: 2018 International Codes, 2006 International Energy
Code, and 2017 National Electrical Code. A Building Permit Application must be completed and two (2)
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 Colorado registered
engineer shall be required or an Open Hole Inspection. (Department of Building Inspection)
23. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
24. 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.
25. 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.
26. 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.
27. 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.
USR20-0019, Messinger, Page 8 of 9
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.
28. 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 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, sandburs, 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.
USR20-0019, Messinger, Page 9 of 9
July 20, 2020
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: mnader@weldgov.com
PHONE: (970) 400-400-3527
FAX: (970) 304-6498
ROSI DENNETT
210 LINCOLN ST
LONGMONT, CO 80501
Subject: USR20-0019 - A Site Specific Development Plan and Use by Special Review Permit for a
kennel (Cat Rescue Shelter) in the A (Agricultural) Zone District.
On parcel(s) of land described as:
PT NW4 SECTION 29 T3N R68W LOT A REC EXEMPT RECX18-0015 of the 6th P.M., Weld County,
Colorado.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying
within three miles of the property in question or if the property under consideration is located within
the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a
copy of the submitted materials to the following Planning Departments for their review and
comments:
Firestone at Phone Number 303-833-3291
Longmont at Phone Number 303-651-8601
Mead at Phone Number 970-535-4477
It is recommended that you contact the listed Planning Departments for information regarding their
process and to answer any questions that might arise with respect to your application.
If you have any questions concerning this matter, please call.
Respectfully,
Maxwell Nader
Planner
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