HomeMy WebLinkAbout20162592.tiffSITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL
REVIEW (USR) APPLICATION
FOR PLANNING DEPARTMENT USE DATE RECEIVED:
RECEIPT # /AMOUNT # /$ CASE # ASSIGNED:
APPLICATION RECEIVED BY PLANNER ASSIGNED:
Parcel Number 77\ - \ _ f`. _ - V 0
(12 digit number - found on Tax I.D. information, obtainable at the Weld County Assessors Office, or www.co.weld.ep,ust
Legal Description f gal OtrVni iin OOfV-PV tt- ec'tion
Zone District:
, Total Acreage:
Airport Overlay District: Nr0
FEE OWNER(S) OF THE PROPERTY:
Name:
3
\V, Township c• North, Range(kWest
,. Flood Plain: 10 , Geological Hazard:
Work Phone # Home Phone ## Email
Address:
Address:
City/State/Zip Code
Name:
Work Phone # Home Phone # Email
Address:
Address:
City/State/Zip Code
Name:
Work Phone # Home Phone # Email -
Address:
Address:
City/State/Zip Code
APPLICANT OR AUTHORIZED AGENT (See
Name: T&nn2ith(k _
Work Phone # I lo'1 1 Home Phone # 1 j 0 r140-)-1)-1 Email (ctA0L-k ? IA
Address: , (11%-k C LW a
Address:
City/State/Zip Code 1( (U,
PROPOSED USE:
anytQl -19) N cn-sek9ceLK \need
Below: Authorization must accompany applications signed by Authorized Agent)
fin
I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted
with or contained within the application are true and correct to the best of my (our)knowledge. Signatures of all
fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all
fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be
included indicating that the siitato s•to legal authority to sign for the corporation,
zee" it; 0404(
Signature: Owner or Authorized agent Date Signature: Owner or Authorized Agent Date
c�aroapai�M>
located at
(AgentlApplicantj
located at
stre„
Mac
COLORADO
DEPARTMENT OF PLANNING SERVICES
1555 N 17`" AVE
GREELEY, CO 80631
PHONE: (970) 353-6100, Ext. 3540
FAX: (970) 304-6498
Tol
AUTHORIZATION FO M Hi I r represent Or� �kiric the property
Psc 30 eCwner)tOta Virl°1-1L)C° V)i-Coq
LEGAL DESCRIPTION: SECTWN a RNG (� D
SUBDIVISION NAME: Lo+ � PiCtchfriol (n4vei*€ncjlftiT
BLK
I can be contacted at the following phone Ws: Home 7e (3 1-1(,1 19i R
Work
Fax #
The property owner can be contacted at the following phone #'s
gee
Correspondence mailed to (only one):
waavr77U- �ri3
Fax #
Agent/Applicant
Property Owner
USR Questionnaire
1. 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.
The ownership of this business is exclusively, myself (Tanner Hill), and my wife
(Sarah Hill). The Department of agriculture requires that you have one employee per 15
dogs, which means that due to our capacity we will need a maximum of 5 employees at
any one time. There is adequate parking space on the property, as well as the driveway
will set up to have a two-way flow of traffic so people can always pull out safely.
The property has complete access for all emergency equipment, including all
emergency vehicles, in case of an emergency regardless of whether it involves an animal,
human, or both. The level of emergency service should be very minimal if ever, but I
have a very good active relationship with several local veterinarians. All animals will be
taken directly to a vet in case of an emergency unless otherwise determined by the pet
owner.
2. Historically, Weld County is one of the economically largest agricultural producing
counties in the nation. The agricultural sector is an important element of the overall
County. The intent of the agricultural Goals is to support all forms of the agricultural
industry and, at the same time, to protect the rights of the private property owners to
convert their agricultural lands to other appropriate land uses.
This is exactly what my business will accomplish. In no way will this business affect
large contiguous parcels of productive agricultural lands, which are so important to Weld
County, but at the same time it will allow me as a private property owner to convert my
land into another appropriate land use, which is equally important of a goal for Weld
County.
In addition irrigation waters have been the main economic driver for the County since the
1860s, and my use will have no ill effect on these as well. All storm water and
wastewater drains north on this property away from any irrigation ditches.
Lastly this use will not extract any natural resources from the land, which is also very
important to the sustainability of weld County.
3. Agriculture in the County is considered a valuable resource, which must be protected
from adverse impacts resulting from uncontrolled and undirected business. My business
fits perfectly within this statement because under no circumstance, in any situation will
my business be uncontrolled or undirected, which is consistent with what Weld County
wants in A Zonc Districts. The Agricultural Zone District is intended to provide areas for
the conduct of agricultural activities and activities related to agriculture and agricultural
production without the interference of other, incompatible land uses. Both the state and
the county have determined a kennel is an agricultural use and I will ensure that this
business has no interference with the surrounding land regardless of whether it is private
or commercial. This is also very consistent with the county code because not only is
there agricultural diversification but there is also no interference with surrounding areas.
The Agricultural Zone District regulations arc established to promote the health, safety
and general welfare of the present and future residents of the County, which is exactly
what I hope to promote as well.
4. The surrounding types of uses are either large contiguous parcels of productive
farmlands or large parcels that serve as personal residences. My business will not
interfere and be consistent with both uses because I will not draw and natural resources
from either type of land as well as my business will not have any effect on the irrigation
water. Also this business will maintain the character of the land and will be very
consistent with the surrounding residences.
5.
a) The number of people that will use this site will be limited to 5 at any one time.
The number of people that will access the site will be based on the number of dogs on
any given day, but they will have no use on the property other than coming and going.
b) The proposed use will require 10-12 employees, with there never being more
than 5-6 at a time.
c)Hours of operation are Monday -Sunday 7am-6pm; 365 days a year.
d)There will be 1 residential house, and one Kennel facility built on this site.
e) There will only be dogs and the maximum number at any giver time is 75
though it will rarely reach that number.
I) The type of vehicles that will access this site will be almost exclusively
personal vehicles such as sedans, SUV's, and pickups. The vehicles will be accessing
this site almost exclusively in the morning and evening, Monday thru Friday.
g) Fire protection will be provided by Mountain View Fire, which has a station
less than a quarter mile away.
h) Lefthand Water services this property. It is currently set up with a water tap on
the property in order run water lines wherever necessary. There are also no water -quality
issues because Lefthand Water is primarily used for human consumption/use. There are
no limitations set on use so it can be used for everything from drinking water to outdoor
watering/cleaning, which incorporates the spectrum of use we have a need for.
i) This property will have a septic system installed, which will service both
structures. The septic system will not be used and is not needed in terms of animal waste
removal. Due to the capacity of dogs, along with Dept. of Agriculture regulations,
manual removal is more than adequate. All indoor/outdoor areas will be cleaned daily.
All solid waste will be collected and properly packaged/sealed and removed weekly with
the rest of the trash.
j) Not Applicable; Storing and warehousing will not be a part of this business
6. There is no proposed landscaping on this property. Surrounding the structures will
either be solid surface driveways/parking lot or fields with natural vegetation
growth/gravel areas. There are also two very large cottonwoods on the property.
7. Not Applicable; There are no proposed reclamation procedures if termination of this
use should occur because this business will maintain the character of an agriculturally
zoned property so if termination occurs the property will have no limitations it didn't
have before the business started.
8. On the property at 465 CR 20.5, Longmont, CO 80504, all of the water drains north.
This includes storm water as well as any wastewater that is used at the property. This is
away from the irrigation ditch that borders the south side of the property, which is the
main concern so no additional steps need to be taken.
9. Construction of this site should take approximately 6 months and will begin shortly
after the USR is approved.
10. All solid waste will be collected and properly packaged/sealed and removed weekly
with the rest of the trash. All liquid waste drains away from the irrigation ditch as earlier
discussed.
1 i . This is a very hard question to answer because t am not going to pursue this project
and thus know when and what is going to be built unless the USR is approved.
Aooliccnt
Fax
E-mail
Parcel Location & Sketch
The access is on WCR S
Nearest Intersection: WCR V & WCR -9
Distance from intersection 115 Vlrl\\
Parcel Number Q31 j -Mc - 2 -01 - 001
Section/Township/Range
Weld County Public Works Dept.
1111 H Street
P.O. Box 758
Greeley, CO 80632
Phone: (970)304-6496
Fax: (970)304-6497
Name MTh \-\; \‘k
Company ?0&L4rW1\\QCa(eik-,
ACCESS PERMIT
APPLICATION FORM
Property Owner (If different than Applicant)
Name _ \QM2' l vCfl „f
Address o cylsdOcir
Address I rnt `
`'i&ua� � City l Ir isi State a Zi
City \APIThcAlAk"�p
State l o Zip 11 Phone _
Business Phone 2) .3CRP 6I 9`) Fax
E-mail.. KQ C6 r) Fa . cor-Tvi
A= Existing Access o= Proposed Access
t
Is there an existing access to the property' YES NO O N
Number of Existing Accesses 7_
b
Road Surface Type & Construction Information
Asphalt Fir
Gravel 11 Treated Fl Other
Culvert Size & Type
iS" s ad
Materials used to construct Access
Construction Start Date (I Finish Date
Proposed Use
')Temporary (Tracking Pad Required)/ $75
Small Commercial or Oil & Gas/$75
❑Field (Agriculture Only)/Exempt
a
Is this access associated with a Planning Process?
Required Attached Documents
- Traffic Control Plan -Certificate of Insurance
Kfk
a
WCR
oc
3
Single Residential/$75
❑Large Commercial/$150
■
WCR 's .c3
❑ Industrial/$1S0
❑Subdivision/$150
'�USR .RE PUD
� IlQther
- Access Pictures (From the Left, Right, & into the access)
By accepting this permit, the undersigned Applicant, under penalty of
P y perjury, verifies that they have received all pages of the permit
application; they have read and understand all of the permit requirements and provisions set forth on all pages; that they have the
authority to sign for and bind the Applicant, if the Applicant is a corporation or other entity; and that by virtue of their signature Applicant is bound by and agrees to comply with all said permit requirements and provisions, all Weld County ordinances,
and state laws
regarding facilitie,eonstructig R
Signature
Printed Name
Approval or Denial will be issued in minimum of 5 days.
Revised Date 6/29/10
aviver
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Traffic Narrative
The traffic will primarily flow in and out of the property from the west. County road
20.5 is a paved road and visibility from the property in both directions (east/west)
is excellent. The majority of the traffic will come for East County Line Road to the
west of the subject property. There are no additional residential or commercial
access points off CR 20.5 between subject parcel and East County Line Road which
make it so the increased traffic flow will have little to no negative affect.
Waste Handling Plan
The only types of waste expected to be generated on this site are urine and feces.
Due to the limited capacity of dogs, there will be no more than 50 pounds of feces
generated a week, which means manual removal is more than adequate. Because the
urine will be naturally deposited outdoors it will be naturally disposed of. Due to the
nature of the business all elimination takes place outdoors. With that being said the only
chemical kept around is a bleach solution, which is used to spot clean indoors on a very
occasional basis. All outdoor areas will be cleaned daily. All solid waste will be
collected and properly packaged/sealed and removed weekly with the rest of the trash.
Dust Abatement Plan
The entire area of concern will be covered in either a solid surface, gravel, or with
vegetation, which in itself will keep dust to a minimum. Any areas or points in time
where the ground coverage itself is not adequate we will manually spray the ground with
water or recover with gravel in order to contain the dust.
FOR COMMERCIAL SITES, PLEASE COMPLETE THE FOLLOWING INFORMATION
BUSINESS EMERGENCY INFORMATION:
Business
Name:
c4u, �l;u 24a,n()L-
Phone:
Address:
Business
Owner:
ups cs
Tonvc\k\A\
Home Address: \Vfl'1 cat\ V--6.
City, ST, Zip:
Phone:
City, ST, Zip:
List three persons in the order to be called in the event of an emergency:
NAME
TITLE ADDRESS
%Dw\m- -1)01o,
vQa �1urs
SGIoi Ni11 TieStw1/4„03l
Business
Hours:
Type of Alarm:
ft\
3C3 3q(0 9c,c)
lar0
2- 1? -'9,r9•
Uw�cctn1(o kuciii
PHONE
\\IA\L-&k\ a".(-3)7g-nek
aS-� �,1,Cc �1 (.3)61( 135-311���1 Qum
-SonlGtne\-lDrn Days: %)\--lir
�Nu6 y l79(
Burglar Holdup Fire Silent Audible
Name and address of Alarm Company:
Location of Safe: f
*************************tn**********************************************Yr******************************************************
MISCELLANEOUS INFORMATION:
Number of entry/exit doors in this building: ` bA Location(s): 41301
wig
Is alcohol stored in building? n0 Location(s):
Are drugs stored in building? t'tO Location(s):
Are weapons stored in building? 0.00 Location(s):
The following programs are offers a public service of the Weld Coun
programs of interest. Physical Security Check
UTILITY SHUT OFF LOCA
Main Electrical: �( �J•
Gas Shut Off:
Exterior Water Shutoff: 4 A
Interior Water Shutoff: A
IONS:
riffs Office. Please indicate the
Crime Prevention Presentation
Drainage Report
On the property at 465 CR 20.5, Longmont, CO 80404, all of the water drains North.
This includes rainwater as well as any wastewater that is used at the property. This is
away from the irrigation ditch that borders the south side of the property.
WELD COUNTY DRAINAGE CODE STANDARDS AND CRITERIA
VARIANCE REQUEST FORM -FOR APPLICANTS
CODE SECTION 23-12-150
a-
vl c r
H/U
A
("Applicant"), am seeking land use approval of
O 1<r vl (description of use)
for the parcel described btlow:
Pre-Application/Case Number
Parcel Number
Legal Description
Section/Township/Range
\b -OD cc
t;i3 -15-2-01-oo)
i s t9.t- ' b la .PVICk C Q A v c
is l-2 /6v
An applicant may request a variance for their site when conditions do not meet the drainage exemptions described
in the Weld County Code Section 23-12-30 F and impacts to the site and offsite properties are insignificant.
Requests will be reviewed by the Planning Director or his/her designee. No variance will be considered if it may
jeopardize the public health, safety, welfare and public and private property.
Please attach a separate document (Exhibit Al addressing the following:
1. Demonstrate that granting of the variance will still adequately protect public health, safety, and general
welfare.
2. Demonstrate there are no adverse impacts from stormwater runoff to the public rights of way and/or offsite
properties as a result of the project.
Demonstration can be a simple written narrative describing existing soils, slopes, contours, or existing
drainage features, etc., that will help or remove the possibility of adverse impacts to downstream structures
and obstructions. Photos and drawings can also be included with the request.
I understand and acknowledge that the granting of the variance requested herein does not absolve me of
responsibility to avoid directing water from my property onto adjacent properties in a manner, quantity, or quality
that is different than historic. I hereby agree to indemnify and defend the County of Weld, by and through its Board
of County Commissioners of the County of Weld, it's employees and officers, from any liability they may incur by
and through and resulting from my actions in directing the drainage of storm water from my property to adjacent
properties as authorized by the granting of this variance.
Planning Director Approval indicated when
signed by Director or appointee:
Planning Director Name
Signature
Date of Approval
11/3/15
law Weld County Department of Planning Services I Development Review
1555 17th Avenue, Greeley., CO 80631 I Ph: 970-353-6100 I wvww.co.weld.coo.us/Departments/PlanningZoningt
Colorado
WELD COUNTY DRAINAGE CODE STANDARDS AND CRITERIA
VARIANCE REQUEST FORM -FOR APPLICANTS
CODE SECTION 23-12-150
16116 tr.
{`Applicant°), am seeking land use approval of
(description of use)
for the parcel described below-
Pre-Application/Case Number
Parcel Number
Legal Description
Section/Township/Range
nRb-ODST U\S 1?IG-oaii
�' l5activno'i (Q-nVc (e
2cf2/653
Arc
1
An applicant may request a variance for their site when conditions do not meet the drainage exemptions described
in the Weld County Code Section 23-12-30 F and impacts to the site and offsite properties are insignificant.
Requests will be reviewed by the Planning Director or his/her designee. No variance will be considered if it may
jeopardize the public health, safety, welfare and public and private property.
Please attach a separate document (Exhibit A) addressinq the following:
1. Demonstrate that granting of the variance will still adequately protect public health, safety, and general
welfare.
2. Demonstrate there are no adverse impacts from stormwater runoff to the public rights of way and/or offsite
properties as a result of the project.
Demonstration can be a simple written narrative describing existing soils, slopes, contours, or existing
drainage features, etc., that will help or remove the possibility of adverse impacts to downstream structures
and obstructions. Photos and drawings can also be included with the request.
I understand and acknowledge that the granting of the variance requested herein does not absolve me of
responsibility to avoid directing water from my property onto adjacent properties in a manner, quantity, or quality
that is different than historic. I hereby agree to indemnify and defend the County of Weld, by and through its Board
of County Commissioners of the County of Weld, it's employees and officers, from any liability they may incur by
and through and resulting from my actions in directing the drainage of storm water from my property to adjacent
properties as authorized by the granting of this variance.
zel
t Signature
a
Planning Director Approval indicated when
signed by Director or appointee: elanning Director Name
CAtic
Signature
Date of Approval
11/3/15
IMO
Ui i d CoUn�r� Department of Planning Services [ Development Revit w J
1555 17th Avenue, Greeley. CO 80631 I Ph: 970.353-6100 1 www.no.wetri co us. Depalm&att�iPtsnn ngZoningI
Colorado
Drainage Variance Request Narrative
The property at 465 CR 20.5, Longmont, CO 80404, consists exclusively of Olney fine
sandy loam soil. It has 1-3 percent slope from south to north and is surrounded
completely to the west, north and east by farmland. Granting a variance to the drainage
standards on this property will have no adverse affect to the health, safety, and welfare of
the general public. Based on the composition of the soil a vast majority of any water on
the property will absorb directly into the ground and the very small amount if any water
that does run off of this property will travel directly north in to a field that is used
exclusively for farming which will directly benefit that land. I have included 3 photos
that are taken from the south side of the property directed north at various angles to show
a visual arrangement of exactly what I have just discussed. If there are any other
questions please don't hesitate to contact me.
Thank you
Tanner Hill
Applicant
Pre -App 16-0055
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Drainage Variance Request Narrative
The property at 465 CR 20.5, Longmont, CO 80404, consists exclusively of Olney fine
sandy loam soil. It has 1-3 percent slope from south to north and is surrounded
completely to the west, north and east by farmland. Granting a variance to the drainage
standards on this property will have no adverse affect to the health, safety, and welfare of
the general public. Based on the composition of the soil a vast majority of any water on
the property will absorb directly into the ground and the very small amount if any water
that does run off of this property will travel directly north in to a field that is used
exclusively for farming which will directly benefit that land. I have included 3 photos
that are taken from the south side of the property directed north at various angles to show
a visual arrangement of exactly what I have just discussed. If there are any other
questions please don't hesitate to contact me.
Thank you
Tanner Hill
Applicant
Pre -App 16-0055
JUDSON C. HITE
ATTORNEY P.C.
A Professional Services Corporation
250 Arapahoe, Ste. 300, Boulder, Co 80302
Phone: (303) 938-1231
Fax: (303) 938-1526
judsonhitc %hitelaw.org
July 12, 2O16
Mr. Kim Ogle
Senior Planner
Weld County Department of Planning Services
1555 17i1' Ave.
Greeley, CO 80631
Re: Hill — USR 16-0015: Bachman Parcel, 465 WCR 20.5
Dear Kim:
Judson Hite, Esq.
(Licensed in Illinois & Colorado)
I am representing Tanner Hill who is under contract to acquire the above -referenced
property, legally described as Lot 1, Bachman Conveyance Plat (the "Lot"). As you are aware,
Mr. Tanner has submitted a site specific development plan to the Weld County Department of
Planning Services (under application USR16-0015) in anticipation of his acquisition and
development of the Lot into a dog kennel.
Mr. Hill has received a copy of your Special Review Permit Administrative Review
summary in which you recommend denial of his application. Your recommendation is based
upon the City of Longmont's referral response objecting to the development plan as violating
that certain Deed of Conservation Easement in Gross, dated October 17, 2013, and recorded in
the Weld County Public Records at reception no. 3989854 (the "CE"). Longmont's referral
response also states that Longmont does not permit kennels in any zone other than General
Industrial.
Longmont's position is contradicted by the express language of the CE and that of an
accompanying Agreement in Furtherance of Annexation for Bachman Annexation to the City of
Longmont, Colorado, dated on or about November 13, 2013, and recorded in the Weld County
Public Records (immediately prior to the CE) at reception no. 3989853 (the "Annexation
Agreement").
The Annexation Agreement and the CE must be read together. It is evident that the
purpose of the two instruments was to enable Longmont to obtain driveway access to open space
contiguous to the Lot by trading property with the Bachmans through several transactions that
circumvented Weld County's subdivision regulations by temporarily annexing the Lot into and
immediately deannexing it from the City.
JUDSON C. HITE, ATTORNEY P.C.
Mr. Kim Ogle
July 12, 2016
Page 2
However, both instruments anticipate and acknowledge that development will occur after
the Lot is no longer under City jurisdiction and that such development will be governed instead
by Weld County rules and regulations:
Paragraph 2 of the CE states that the construction of any structure on the Lot must be in
accordance with appropriate municipal or county code in effect at the time of
construction, including the acquisition of required permits and approvals; and
Section 2.1 of the Annexation Agreement states that "[all] future development of the
[Lot] will be subject to the applicable rules and regulations of Weld County since the
[Lot] will deannex prior to development."
Thus it is Weld County's, not the City of Longmont's zoning code that controls
agricultural development on the Lot.
Under the Weld County Zoning Ordinance, a kennel is permitted in the Agricultural (A)
Zone District by special use review. Weld County Code, §§23-3-40(H) and 23-4-400. A kennel
therefore constitutes a permitted agricultural use (upon appropriate review), under "applicable
rules and regulations of Weld County" consistent with Paragraph 2 of the CE and Section 2.1 of
the Annexation Agreement.
Mr. Hill has previously informed Longmont of these issues and requested that its referral
response be withdrawn. To date, no response has been forthcoming to that request.
Furthermore, upon review, Longmont does in fact permit "animal care facilities" in the
Agricultural (A) zoning district, including by special review if the facility includes outdoor
activities. Mr. Hill's operations constitute an animal care facility with outdoor activities, and thus
would not violate Longmont's land use code if it were applicable (which, as noted above, is not
the legally determinative standard under the CE).
Respectfully therefore, Mr. Hill requests that you revise your Administrative Review
summary to conclude that Longmont's objection is without sufficient basis and revise your
recommendation to approval.
Please direct any questions or comments to my attention.
Very truly yours,
/s/ Judson C. lute
Judson C. Hite
cc: Bruce Barker, Weld County Attorney
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