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Home My WebLink About20162590.tiffPlanner: Case Number: Applicant: Request: Legal Description: Location: Size of Parcel: LAND USE APPLICATION SUMMARY SHEET Kim Ogle Hearing Date: USR16-0015 Kenneth and Rana Bachman c/o Tanner Hill; 11774 Quail Road, Longmont, CO 80501 August 2, 2016 A Site Specific Development Plan and Special Review Permit for a kennel (up to 75 dogs, six (6) months of age or older to include doggie daycare and boarding), in the A (Agricultural) Zone District Lot 1 Bachman Conveyance Plat, being part of NW4 of Section 18, T2N, R68W of the 6th P.M., Weld County, CO North of and adjacent to County Road 20.5, approximately 0.5 miles east of County Road 1 +/- 3 acres Parcel No. 1313-18-2-01-001 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: Mountain View Fire Rescue. referral dated May 20, 2016 City of Longmont, referral dated May 31, 2016 Weld County Department of Public Health and Environment, referral dated June 2, 2016 Weld County Department of Public Works, referral dated June 3, 2016 Weld County Department of Planning Services - Engineer, referral dated June 8, 2016 The Department of Planning Services' staff has received referral responses without comments from the following agencies: Left Hand Water District, referral dated April 5. 2016 Colorado Parks and Wildlife, referral dated May 8, 2016 Weld County Zoning Compliance; referral dated May 9; 2016 Town of Frederick, referral dated May 9, 2016 Longmont Conservation District, referral dated May 10, 2016 Colorado Department of Agriculture, Pet Animal Care Facilities Act, referral dated May 10, 2016 The Department of Planning Services' staff has not received responses from the following agencies: Town of Erie Town of Firestone Boulder County Planning Weld County Sherriff's Office Weld County Department of Building Inspection USR16-0015 Tanner Hill, Page 1 of 10 Planner: Case Number: Applicant: Request: Legal Description: Location: SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW Kim Ogle Hearing Date: USR16-0015 Kenneth and Rana Bachman c/o Tanner Hill; 11774 Quail Road, Longmont, CO 80501 August 2, 2016 A Site Specific Development Plan and Special Review Permit for a kennel (up to 75 dogs, six (6) months of age or older to include doggie daycare and boarding), in the A (Agricultural) Zone District Lot 1 Bachman Conveyance Plat, being part of NW4 of Section 18, T2N, R68W of the 6th P.M., Weld County, CO North of and adjacent to County Road 20.5, approximately 0.5 miles east of County Road 1 Size of Parcel: +/- 3 acres Case Summary: Parcel No. 1313-18-2-01-001 Kenneth and Rana Bachman acquired a parcel of land described as Lot A of Recorded Exemption No, 1313-18-2 RE -3229 from Mr. Donald J. Sherwood in 2007. In 2013 the Bachman's petitioned the City of Longmont for annexation known as the Bachman annexation pursuant to a pre -annexation agreement between the City and property owner on December 7, 2010. The Concept Plan consisted of a subdivision plat to develop the property as a single family residence in a manner consistent with A (Agriculture) Zoning, (Rec. 3989853). The Bachman Conveyance Plat included Lot A and part of Lot B RE -3229 located in part of the N2 of Section 18, T2N, R68W of the 6th P.M., Weld County, CO. The Bachman's on October 17, 2013 created a Deed of Conservation Easement in Gross (Rec. 3989854) with the intention to preserve the property in its present form and prohibit further development on the property, except as permitted in this Easement. The beneficiary of this Easement is the City of Longmont c/o the Land Program Administrator. Per the Deed, the terms of the Easement as to Use states: "The purpose of this Easement is to limit the uses of the property, in perpetuity, to single family residential and agricultural uses. The development of the property shall be limited to one single-family residence and structures accessory to the residential and agricultural uses of the property provided that the combined square footage of all structures on the property shall not exceed 15,000 SF." The City of Longmont took action on request from Bachman to disconnect the 3.0 acre property as previously described from the City of Longmont. Ordinance O-2014-52, A Bill for an Ordinance approving the disconnection of a portion of the Bachman Annexation from the City of Longmont, generally located on County Road 20.5; east of County Line Road introduced on September 23, 2014 and passed and adopted on October 14, 2014. The property that was part of the disconnection was party to the Deed of Conservation Easement previously discussed herein and recorded January 14, 2014 (Rec. 3989854). Staff consulted with the Weld County Attorney's office for a determination of whether the Deed of Conservation Easement restricted Mr. Hill from developing the property for one single-family residence and structures accessory to the residential and agricultural uses of the property provided that the combined square footage of all structures on the property shall not exceed 15,000 SF. The County Attorney's office stated that the "Deed of Conservation Easement in Gross" very clearly expresses the intent to "preserve the Property in its present form and prohibit further development on the Property, except as expressly permitted in this Easement". It goes on to say that "The purpose of this Easement is USR16-0015 Tanner Hill, Page 2 of 10 to limit the uses of the property, in perpetuity, to single family residential and agricultural uses. The development of the Property shall be limited to one single-family residence and structures accessory to the residential and agricultural uses of the Property provided that the combined square footage of all structures on the Property shall not exceed 15,000 square feet." The Easement gives the City the right to enter the property to inspect it, and to file an injunctive action in court to enforce it. Although a kennel is a use by special review in the (A) Agricultural zone district, it very likely does not meet the purposefully restrictive covenants of the easement. The Easement specifically limits the "uses" on the property, not just the structures. Pursuant to Weld County Code 23-1-90, "USE" is defined as "any purpose for which a STRUCTURE or a tract of land may be designed. arranged, intended, maintained or occupied; also any activity, occupation, business or operation which is carried on in or on a STRUCTURE or on a tract of land." The County Attorney's office stated that a kennel might not be a purpose for which the land "may be designed, arranged, intended or occupied...." While it is not expressly stated, it is the opinion of the County Attorney's office that the intent of this section is to allow the Board to decide whether the use is one which is otherwise permissible on the property, and if not, to deny the USR permit. DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE DENIED 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 not 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 not consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. Section 22-2-20.G.7 - 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 site is located within the three (3) mile referral area of Towns of Frederick, Firestone and Erie, the City of Longmont and Boulder County. The Towns of Firestone and Erie, and Boulder County did not return a referral. The Town of Frederick in their referral dated May 9, 2016 indicated that they have no concerns and the City of Longmont in their referral comments, dated May 31, 2016 indicated that "[T]he City of Longmont has major concerns with the application. The City currently owns a conservation easement on this property. According to the easement, uses on the property are limited to single family residential and agricultural uses." "The City does not view a kennel that could accommodate up to 75 dogs as an agricultural use. Rather, we [Longmont] view this as an intensive use that would be inconsistent with the terms of the easement and could negatively impact wildlife, local agricultural operations and other surrounding uses. The City currently allows kennels only as a conditional use in our [Longmont] General Industrial zone district, in part because of the potential impacts this type of use can have on surrounding properties." B. 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. USR16-0015 Tanner Hill, Page 3 of 10 The site is located within the Intergovernmental Agreement Area / Coordinated Planning Area for the Town of Firestone and the City of Longmont. Chapter 19, Article X, Section 19-10-10 states that an Agreement was made and entered into on May 4, 2015 between Weld County and the Town of Firestone and Chapter 19. Article XIV, Section 19-14-10 states that an Agreement was made and entered into on October 21, 2002 between Weld County and the City of Longmont with the intent to encourage local governments to plan for and regulate development and the use of the land within their respective jurisdictions and within the three mile area as defined by Colorado Revised Statutes, C.R.S. 31-12- 105.1.E. It is the latter agreement that is cited here. Section 19-14-50.C.7 states, "If any MUNICIPALITY recommendation of disapproval of a Development proposal is based upon a conflict or incompatibility between proposed uses in the Development and anticipated MUNICIPALITY zoning classification for the property; the COUNTY will not approve the same unless the applicant demonstrates: (a) that no such conflict or incompatibility will reasonably occur; (b) that suitable mitigation measures to be imposed by the COUNTY as conditions of approval will eliminate or adequately mitigate adverse consequences of incompatibility or conflict; or (c) that the MUNICIPALITY's anticipated zoning classification of the property is unreasonable because of existing or planned uses of property." This property has a Deed of Conservation Easement in Gross (Rec. 3989854) with the intention to preserve the property in its present form and prohibit further development on the property, except as permitted in this Easement. The beneficiary of this Easement is the City of Longmont c/o the Land Program Administrator. Per the Deed, the terms of the Easement as to Use states: "The purpose of this Easement is to limit the uses of the property, in perpetuity, to single family residential and agricultural uses. The development of the property shall be limited to one single-family residence and structures accessory to the residential and agricultural uses of the property provided that the combined square footage of all structures on the property shall not exceed 15,000 SF." The City of Longmont in their referral dated May 31, 2016 stated they City of Longmont has major concerns with the application. According to the easement, uses on the property are limited to single family residential and agricultural uses, more specifically the intended uses are defined as: "The purpose of this Easement is to limit the uses of the property, in perpetuity, to single family residential and agricultural uses. The development of the Property shall be limited to one single-family residence and structures accessory to the residential and agricultural uses of the Property provided that the combined square footage of all structures on the Property shall not exceed 15,000 square feet." "The City does not view a kennel that could accommodate up to 75 dogs as an agricultural use." 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. Should the Planning Commission approve the proposal. the Department of Planning Services recommends the following conditions: 1. Prior to recording the map: A. The applicant shall address the requirements of Mountain View Fire Rescue, as stated in the referral response dated May 20, 2016. Written evidence of such shall be submitted to the Weld County Department of Planning Services. (Department of Planning Services) USR16-0015 Tanner Hill, Page 4 of 10 The applicant shall provide written documentation that a license under the Pet Animal Care Facilities Act (PACFA) has been issued. The documentation shall be submitted to 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 USR16-0015. (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 screening. (Department of Planning Services) 6. The map shall delineate the lighting. (Department of Planning Services) 7. The applicant shall show the drainage flow arrows. (Department of Planning Services -Engineer) 8. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. (Department of Planning Services -Engineer) 9. 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) 10. The applicant shall submit an updated Parking Plan to the Department of Planning Services for review and approval. This updated parking plan shall show the dimensions of the drives and the parking stalls including the ADA parking stalls. The applicant shall comply with Appendix 23-B of the Weld County Code and the Section 208 of the 2010 Americans with Disability Act and provide an adequate number of parking stalls. Two (2) parking stalls are required for the residence and ten (10) parking stalls are required for the kennel/vet business. One (1) of the 10 required parking stalls shall meet the requirements of ADA. Further, the applicant shall delineate curb stops for the parking spaces shown on the Use by Special Review map. (Department of Planning Services) 11. County Road 20 1/2 is a paved road and is designated on the Weld County Road Classification Plan as a collector road which requires 80 feet of right-of-way at full buildout. The applicant shall delineate on the site plan the future and existing right- of-way. All setbacks shall be measured from the edge of future right-of-way. This road is maintained by Weld County. (Department of Public Works) 12. Show and label the approved access (AP16-00241), and the appropriate turning radii on the site plan. (Department of Public Works) 13. Show and label the entrance gate set back a minimum of 100ft from edge of shoulder, as applicable. (Department of Public Works) 14. Show and label all recorded easements on the map by book and page number or reception number and date on the site plan. (Department of Planning Services) USR16-0015 Tanner Hill, Page 5 of 10 2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) paper copy or 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. The Department of Planning Services respectfully requests a digital copy of this Use by Special Review, as appropriate. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB). The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be senttomaps@co.weld.co.us. (Department of Planning Services) 5. Prior to Construction: A. If more than 1 acre is to be disturbed, a Weld County grading permit will be required prior to the start of construction. (Department of Planning Services - Engineer) 6. Prior to the Certificate of Occupancy: A. An Onsite Wastewater Treatment System is required for the proposed facility and shall be installed according to the Weld County Individual Sewage Disposal Regulations. The septic system is required to be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. (Department of Planning Services) B. The applicant shall submit written evidence of a water tap to the Department of Planning Services and the Department of Public Health and Environment. (Department of Planning Services) 6. The Use by Special Review 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) USR16-0015 Tanner Hill, Page 6 of 10 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Tanner Hill USR16-0015 A Site Specific Development Plan and Special Review Permit, USR16-0015 for a kennel (up to 75 dogs, six (6) months of age or older to include doggie 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 Coda (Department of Planning Services) 3. The hours of operation are 7:00 a.m. through 6:00 p.m. Monday -Sunday as stated in the application. (Department of Planning Services) 4. The number of employees is twelve (12) as stated in the application. (Department of Planning Services) 5. The parking area on the site shall be maintained. (Department of Planning Services) 6. 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) 7. The landscape/screening on the site shall be maintained. (Department of Planning Services) 8. The lighting on site shall be maintained. (Department of Planning Services) 9. 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) 10. 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) 11. 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) 12. 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) 13. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as delineated in 25-12-103 C.R.S. (Department of Public Health and Environment) 14. Adequate drinking, hand washing and toilet facilities shall be provided for employees, volunteers and the public, at all times. For employees, public or volunteers 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 and shall contain hand sanitizers. (Department of Public Health and Environment) USR16-0015 Tanner Hill, Page 7 of 10 15. 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) 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. 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) 20. The property owner shall control noxious weeds on the site. (Department of Public Works) 21. The access to the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking. (Department of Public Works) 22. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. (Department of Public Works) 23. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Planning Services - Engineer) 24. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the following have been adopted by Weld County: 2012 International Codes, 2006 International Energy Code, and 2014 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) 25. The land use permit associated with the kennel is non-transferrable and shall expire upon the sale or conveyance of ownership associated with the land. (Department of Planning Services) 26. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 27. 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. 28. 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. USR16-0015 Tanner Hill, Page 8 of 10 29. 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. 30. 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. 31. WELD COUNTY'S RIGHT TO FARM: 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 USR16-0015 Tanner Hill, Page 9 of 10 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. USR16-0015 Tanner Hill, Page 10 of 10 July 13, 2016 DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.co.weld.co.us E-MAIL: kogle@co.weld.co.us PHONE: (970) 353-6100, Ext. 3549 FAX: (970) 304-6498 HILL TANNER 11774 QUAIL ROAD LONGMONT, CO 80501 Subject: USR16-0015 - A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR A KENNEL (UP TO 75 DOGS, SIX (6) MONTHS OF AGE OR OLDER OF A NON-SPECIFIC BREED TO INCLUDE DOGGIE DAYCARE AND BOARDING), IN THE A (AGRICULTURAL) ZONE DISTRICT On narcel(s) of land described as: LOT 1 BACHMAN CONVEYANCE PLAT; PART OF SECTION 18, T2N, R68W OF THE 6TH P.M., WELD COUNTY, COLORADO. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on August 2, 2016, at 12:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on August 31, 2016 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.weldcountyplanni ngcases.orq If you have any questions concerning this matter, please call. Respectfully, Digitally signed by Kristine Ranslem Reason: I am the author of this document Date: 2016.07.13 15:19:27 -06'00' Kim Ogle Planner DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.co.weld.co.us E-MAIL: kogle@co.weld.co.us PHONE: (970) 353-6100, Ext. 3549 FAX: (970) 304-6498 May 06, 2016 HILL TANNER 11774 QUAIL ROAD LONGMONT, CO 80501 Subject: USR16-0015 - A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR A KENNEL (UP TO 75 DOGS, SIX (6) MONTHS OF AGE OR OLDER OF A NON-SPECIFIC BREED TO INCLUDE DOGGIE DAYCARE AND BOARDING), IN THE A (AGRICULTURAL) ZONE DISTRICT On parcel(s) of land described as: LOT 1 BACHMAN CONVEYANCE PLAT; PART SECTION 18, T2N, R68W 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 Commission(s) for their review and comments: Firestone at Phone Number 303-833-3291 Frederick at Phone Number 720-382-5500 Longmont at Phone Number 303-651-8601 Erie at Phone Number 303-926-2700 Please call the listed Planning Commissions, for information regarding the date, time and place of the meeting and the review process. It is recommended that you and/or a representative be in attendance at each of the meetings described above in order to answer any questions that might arise with respect to your application. If you have any questions concerning this matter, please call. Respectfully, Kim Ogle Planner Digitally signed by Kristine Ranslem Reason: I am the author of this document Date: 2016.05.06 15:28:44 -0600' FIELD CHECK- USR16-0015 Inspection Date: July 21, 2016 Applicant: Kenneth and Rana Bachman c/o Tanner Hill Request: A Site Specific Development Plan and Special Review Permit for a kennel (up to 75 dogs, six (6) months of age or older to include doggie daycare and boarding), in the A (Agricultural) Zone District Legal: Lot 1 Bachman Conveyance Plat, being part of NW4 of Section 18, T2N, R68W of the 6th P.M., Weld County, CO Location: North of and adjacent to County Road 20.5, approximately 0.5 miles east of County Road 1 Parcel ID #: 1313-18-2-01-001 Acres: 3 +/- Zoning Land Use N City of Longmont N City of Longmont Open Space E City of Longmont E City of Longmont Open Space S Agriculture S Residence with irrigated corn fields W City of Longmont W City of Longmont Open Space Comments: The site slopes away to the north from County Road 20.5 and has a single deciduous tree located to the midpoint of the property. The property is currently vacant without improvement. An irrigation ditch is adjacent to and parallel with the county road. Water to the concrete lined ditch arrived by underground culvert from the south. The City of Longmont has designated open space on three side of the property. There is an existing access to the property that is graveled and graded. The adjacent properties are a mix of agricultural uses and rural residences. The nearest residence is located approximately 103 feet south of the southern property line and the second nearest residence approximately is located approximately 510 feet southeast of the south property line. There are several gray j mines in the general area and located to the east of the property. Signaturtur i0 o Ditch Note any commercial business/commercial vehicles that are operating from the site. Vacant land 07/14/2016 THU 9:28 FAX 3037764968 Bachman & Company/001/001 Mineral Interest Notification Mineral Interests on 465 CR 20.5, Longmont, CO 80504 are owned by Donald and Joyce Sherwood. Contact Information for Donald and Joyce Sherwood: 4 Via Mira Monte Henderson, NV 89011 My intention is to gain county approval to have a doggie daycare and boarding facility (Kennel) at 465 CR 20.5, Longmont, CO 80504. The specific guidelines I am using to establish this business are as follows: The maximum capacity of dogs at one point in time is 75, and there will never, under any circumstance, be any other type of animal. This will be a combination of daycare dogs and dogs being boarded, but no matter what the combination between the two types is there will never be more than 75 at one time. The hours of operation are 7am to 6pm Monday -Sunday, which means all pickup, drop- off, and any other office visits will be restricted to within these hours of operation. The dogs will be allowed outside lam-6pm 365 days a year. The hours of operation are the same for both daycare and boarding dogs, and hours will not change throughout the year. Boarding is 7 days a week, daycare is only Monday -Friday, excluding holidays. No dogs will ever be in common areas, whether that is inside or out, unsupervised, and there will never be dogs on the property without an authorized adult on the property as well. Please Contact Tanner Hill with and questions at: 11774 Quail Rd Longmont, CO 80501 720-442-1292 To Whom It May Concern: We Donald 3 & Joyce A Sherwood received the above Mineral Interest Notification on Friday July 8, 2016, which we reviewed and have no objections. Date l'd eE1:9096 b61flf CITY ATTORNEY'S OFFICE 356 Kimbark St. Longmont, CO 80501 303-651-8619 • Fax: 303-651-8614 • www.longmontcolorado.gov July 14, 2016 Judson C. Hite 250 Arapahoe, Ste. 300 Boulder, CO 80302 Dear Mr. Hite: I write in response to your letter of June 29, 2016. As you note, the City owns a Deed of Conservation Easement in Gross on the land you describe, dated October 17, 2013 and recorded in Weld County at rec. no. 3989854. This Conservation Easement is clear that "the parties intend to preserve the Property in its present form and prohibit further development on the Property, except as expressly permitted in the Easement" (1). It then "limit[s] the uses of the Property, in perpetuity, to single-family residential and agricultural uses." Id. ¶ 1. So, if a use of the property is not agricultural or single family residential, it would violate the Conservation Easement. This is true regardless of whether the structure itself would meet County building codes. See id. ¶ 2. Terms in contracts are to be assigned their "plain and ordinary meaning." Thompson v. Maryland Cas. Co., 84 P.3d 496, 501 (Colo. 2004). Even when a is ambiguous, the place to look for clarification is not a zoning code, but a lay dictionary. Id. at 507. Agriculture means agriculture: "the science, art, or practice of cultivating the soil, producing crops, and raising livestock and in varying degrees the preparation and marketing of the resulting products." Agriculture, MERRIAM-WEBSTER.COM (July 12, 2016). The City's code likewise defines an agricultural use as "the growing of food or fiber products (including plowing, tilling, seeding, cultivating, harvesting, temporary storage, and the use of best management practices), the grazing or raising of livestock, sod production, nurseries, and Christmas tree plantations." § 15.10.020, L.M.C. (2016). Nowhere does the Conservation Easement define all uses by special review in a Weld County agricultural zoning district as "agricultural." These uses include race tracks, drive-in theaters, golf courses, airports, junkyards, landfills, multi -family dwellings, prisons, research laboratories, heavy manufacturing, and distilleries. § 23-3-40, W.C.C. (2016). The parties clearly intended the Conservation Easement to prevent such uses on the subject property. The City will oppose attempts to expand uses on the property beyond single-family residential and agricultural uses. Sincerely, i Ti Daniel E. Kramer, Assistant City Attorney Hello