The URL can be used to link to this page

Browse Search

Home My WebLink About20131968.tiffEXHIBIT INVENTORY CONTROL SHEET Case USR13-0024 - ROBERT EHRLICH, LLC, C/O JEFF CHILDS Exhibit Submitted By Description A. Planning Commission Resolution of Recommendation B. Planning Commission Summary of Hearing (Minutes dated 07/02/2013) C. Planning Services PowerPoint Presentation D. Saliha Greff PowerPoint Presentation in Opposition E. Corrine Lewis Letter of Opposition F. G. H. J. K. L. M. N. O. P. Q. R. S. T. U. V. W. 2013-1968 <§«{ 2 < \t %§/5i{r0 6 o.$ )4, `8U P: \1iil(31 §.k!§ §f\\§,E§/ tz ,OO21O. (nJ 1 t o° O o p2J)$K i &.1.11 1 0 z��.o�oay� ;;.z ) o r2tloRK Q:: /Tobiio 6 k QJw=} > 14'3.04-z 7. Jog /-{(k2Q k. <7c(§flow$ !!!::!:!:: § §?$!/ < l(2D U'< _ EXHIBIT C � (t5Vt/?oOd door /ow Karla Ford From: Esther Gesick Sent: Tuesday, July 30, 2013 3:43 PM To: Karla Ford Subject: FW: Case USR13-0024 - Powerpoint Presentation for hearing on 7/31/13 Attachments: Hearing073113[1 ].ppt Please add to the file as an Exhibit. Esther E. Gesick Deputy Clerk to the Board/Office Manager 1150 O Street/P.O. Box 758'Greeley, CO 80632 tel: (970) 336-7215 X4226 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Saliha Khaja [mailto:salihakhaja@yahoo.com] Sent: Tuesday, July 30, 2013 2:29 PM To: Esther Gesick Cc: cberthod©q.com; joanne.benedict@skybeam.com Subject: Case USR13-0024 - Powerpoint Presentation for hearing on 7/31/13 Dear Ms. Gesick: I am one of the property owners who will be attending tomorrow's hearing regarding Case USR 13- 0024 concerning the proposed dog kennel operations. I have attached the presentation we would ask be provided to the Commissioners in advance of, and projected during, the hearing. Cheri Berthod and Joanne Benedict will be co -presenting with me during this portion of the hearing. Many other neighbors are also planning to attend and testify. Please let me know if there are any questions or concerns. Thanks very much. Saliha Greff (720) 987-9386 1 2cv3--iq40g Board of County Commissioners of Weld County Case USR13-0024 July 31, 2013 Surrounding Land Owners' Objection to Special Use Permit for Large Scale Commercial Dog Operation Presenters: JoAnne Benedict, Cherie Berthod, Saliha Greff • Topics of Discussion ■ Historical Decisions by this Board regarding Special Review for Dog Kennels do not Support Granting this Application ■ Applicant has not met burden pursuant to Sec. 23-2-220 N ot compatible with existing surrounding uses N ot compatible with Town of Mead Master Plan Not adequate provision for protection of neighborhood and County ■ 11/19/75 Weld County Board Agreement with Platte River Power Authority regarding Weld County Road 3 is implicated ■ Applicant has Reasonable Alternatives in Weld County • Historical Decisions ■ 11/18/09 Kennel up to 30 dogs, including: grooming, daycare, training 7 acres ■ 2/17/10 Kennel up to 7 dogs, 3 cats, 3 birds 3.25 acres ■ 4/21/10 Kennel up to 40 dogs and animal grooming shop 1 acre ■ 5/26/10 Kennel up to 15 personal dogs 80 acres • Historical Decisions ■ 9/22/10 Kennel to accommodate 25 dogs and 3 cats 5 acres ■ 10/27/10 Kennel to accommodate 50 dogs for raising and breeding only 1.2 acres Surrounding properties are predominantly agricultural in nature ■ 1/12/11 Kennel up to 25 dogs and 1 cat 5.43 acres Nearest single-family residences - 600 ft. South and 850 ft. East • Historical Decisions ■ 2/9/1 1 Kennel up to 99 dogs 13.25 acres Next to Hwy 52 and industrial operation ■ 8/1 /12 Kennel up to 40 dogs 19.71 acres ■ 12/5/1 2 At recommendation of Planning Commission to reduce from 40 to 25, approved kennel for 20 dog non profit rescue and boarding 8.9 acres • Weld County. Office of the Weld Cou.. ; Weld County Property Information propertyinfo.ccweld.co.us Most Visited lb Getting Started i ; Suggested Sites 0? - 0, weld county property search Web Slice Gallery SEARCH • WELD COUNTY Colorado Properly Information Portal I' = 1 19/1 YAHOO! I. - I„1 p! - Yahoo (By Genie()) P b ^A C Bookmarks 11:04 PM 'll 7/29/2013 • Applicant has not met burden under Section 23-2-220A ■ Not compatible with Mead Future Land Use Plan 6/7/13 e-mail from Steve Stamey, Town Planner • "Mead's Agriculture district permits `animal care/boarding/sales, indoor' as a permitted use. Outdoor sales/boarding is not a permitted use." ■ "Due to the proximity of residential uses, the Town of Mead requests all care/boarding/sales occur in an indoor facility." Applicant states, "The kennel concept would allow space for the dogs to run and play in an outside environment during the day. Dogs need a lot of exercise and space to run and play. Therefore the kennel would include a large fenced area for the outside play environment." • Applicant has not met burden under Section 23-2-220A ■ ■ N ot compatible with existing surrounding uses N ot adequate provision for protection of neighborhood and County Large Scale Commercial Operation Closest resident is only 400 feet away from proposed facility and elevated ■ Proposed noise mitigation is not sufficient; walls and bushes will not mitigate noise traveling up • Sec. 14-9-30 Weld County Code prohibits "excessive noise" ■ "Excessive noise" = "Of such a volume, frequency and/or intensity that it unreasonably interferes with the enjoyment of life, quiet, comfort or outdoor recreation of an individual of ordinary sensitivity and habits" ■ Environmental Health Services recommends permit requirement include adherence to "maximum permissible noise levels allowed . . . in Section 14-9-30 ...." U • Applicant has not met burden under Section 23-2-220A ■ Not adequate provision for protection of neighborhood and County Large Scale Commercial Operation County Roads 3 and 32 cannot sustain increased traffic load Applicant's representations to the County are not realistic ■ Assumes traffic volume will increase only by 6 vehicles/day to max of 29 vehicles/day • 100 dog capacity; 6 full time employees ■ 50 stalls (38 - 1 dog; 12 - 2 dogs); Max daycare 25; Max overnight 75 • Grooming, vet, retail sales, vendor deliveries and service Realistically need to assume greater than -V116 (29x4) single vehicle trips for commercial operations alone • Applicant has not met burden under Section 23-2-220A • Not adequate provision for protection of neighborhood and County Increased turn traffic from Hwy 66 onto CR 3 is dangerous Applicant's representations to the County are not realistic • "Most customers would be taking CR 5 north from Hwy 66" Access Permit Application Form shows proximity to CR 3 and distance away from CR 5 n No way to control traffic ❑ Customers to/from Longmont, Berthoud, Boulder will take CR 3 CR 5 has a turn lane n CR 3 does not have turn lane Li State Hwy 66 is 60 mph, 1 lane each way Applicant has not met burden under Section 23-2-220A ■ Not adequate provision for protection of neighborhood and County ■ Increased turn traffic from Hwy 66 onto CR 3 is dangerous ■ "Two motorists were killed today on Colorado State Highway 66 after an eastbound car driven by a 19 -year -old woman allegedly slammed into the rear of a second eastbound car pushing it into the path of a westbound pickup." (http://www.denverpost.com/news/ci 12245337). ■ "... Mountain View firefighters and Colorado State Patrol work the scene of a two -car, head-on collision on Highway 66 between County Line and Elmore roads at about 5 p.m. Monday." (http://www.timescall.cominews/iongmont-iocai-news/ci 21675469/colo- highway-66-crash-shuts-down-traffic-five) ■ "One person died and several others were injured in a Saturday night traffic accident that shut down Colorado Highway 66 on both sides of Pace Street, authorities said." (http://www.timescall.com/news/longmont-local- news/ci 22200949/injury-accident-shuts-down-colo-66-iongmont) 11/19/75 Weid County Board Agreement with Platte River Power Authority regarding Weld County Road 3 is implicated • Agreement contemplated Platte River installation of power transmission riissior i lines • County agreed to grant Platte River a perpetual right to locate lines inside the County's right of way on CR 3 • Use by County is subordinated to use by Platte River • If relocation of transmission lines is subsequently necessary to accommodate some other or future enlarged use, of the County Road right of way, all expenses for such relocation shall be paid for entirely by the party or entity desiring the relocation • I -r it �' ,V= 11/19/75 Weid County Board Agreement with Platte River Power Authority regarding Weld County Road 3 is implicated ELECTRIC TRANSMISSION LINE RIGHT-OF-WAY AND SUBORDINATION AGREEMENT THIS AGREEMENT made and entered into this l,9( day of November, 1975 by and between the County of Weld, State of Colorado, acting by and through its Board of County Commissioners (hereinafter called the "County") and the Platte River Power Authority, a separate governmental entity of the State of Colorado (hereinafter called "Platte River"); ■ 11/19/75 Weld County Board Agreement with Platte River Power Authority regarding Weld County Road 3 is implicated NOW THEREFORE, in consideration of the mutual covenants hereinaftE contained, the parties agree as follows: 1. Right to use. The County does hereby grant to Platte River the perpetual right to locate an electric transmission line inside the right-of-way for Weld County Road No. 3 along the route shown on Exhibit "A" with the transmission line towers to be located within the County road right-of-way as shown on the typical cross section attached hereto as Exhibit "B" and in- corporated herein by this reference, and hereby agrees that the conductor wires may overhang, to the extent necessary, any portion of the traveled road; PROVIDED that the clearance between any con- ductor and the road surface shall be at least 25 feet vertically. The parties do further agree that the rights granted to Platte River by this Agreement include: ■ 11/19/75 Weld County Board Agreement with Platte River Power Authority regarding Weld County Road 3 is implicated a) The dominant right to use the outer ten (10) feet along either or both sides of the County road right-of-way for a line of single poles supporting electric transmission circuits. The outer edge of each pole foundation shall not be further than two (2) feet from the dividing line between the County road right-of-way and adjacent property. 11/19/75 Weld County Board Agreement with Platte River Power Authority regarding Weld County Road 3 is implicated b) The dominant right for Platte River to use such pore ti on of the County road right-of-way for such transmission purposes, meaning that use by the County of that portion of the County road right-of-way so used by Platte River is here- by subordinated to such use by Platte River, and if a relo- cation of the transmission line should subsequently be nec- essary to accommodate some other or future enlarged use of ■ 11/19/75 Weld County Board Agreement with Platte River Power Authority regarding Weld County Road 3 is implicated the County road right-of-way, all expenses for such relocation shall be paid for entirely by the party or entity desiring the relocation. ■ 11/19/75 Weld County Board Agreement with Platte River Power Authority regarding Weld County Road 3 is implicated ■ At hearing, County dedicated CR 3 as "farm access only" ■ If granted, Special Use Permit should specifically state that Applicant shall bear expense of future relocation of Platte River Power lines ■ If Special Use Permit fails to mention this, County bears risk of having to fund future relocation required due to increased traffic flow on CR 3 • s Applicant has Reasonable Alternatives ■ 18490 County Road 1 Berthoud, CO 80513 Income -producing horse and dog boarding kennel Li Acres: 21.0 n County: Weld u Zoning: AG ❑ From Hwy 66 go 4.3 miles N on County Line Rd ■ 0 S Gate Windsor, CO 80550 Located at the NW corner of Hwy 257 and CR 17. Nearly 60 acres available total. Zoned general commercial. Li Acres: 28.9 ❑ County: Weld 7 Zoning: COM • s Applicant has Reasonable Alternatives ■ 3783 Sandstone Ridge Bus Rd Frederick 1/4 MILE OF 1-25 FRONTAGE This property is within minutes of the growing suburb of Longmont, with a travel time of 25 mins to Boulder, and 45 mins to DIA. Acres: 287 ■ 0 W 10th St Greeley, CO 80634 Excellent development property! Commercial land, can be adjusted as needed for use. Acres: 22.3 County: Weld Zoning: COM • Final Thoughts ■ Current residents appreciate that there is a presumption in favor of granting Special Use Permits to encourage development in Weld County ■ This Special Use Permit should not be granted, however, because: This County has never issued a permit for this large scale of a commercial dog operation Applicant has not met burden of demonstrating that this large scale operation is consistent with existing surrounding uses, compatible with future development for the Town of Mead, or that there is adequate provision for protection of neighborhood There are significant financial risks to either the applicant or Weld County to address prior legal obligation to Platte River Power Authority • Final Thoughts We understand that applicant has not yet purchased this land, so he could model his plan onto other more appropriate locations in Weld County that are currently available for sale Encourage long-term planning of this unique geographic area to include consideration for acreage lots and increased tax revenue to Weld County ■ Before building home: $74 ■ New tax estimate: $3,071 ■ At a minimum, if County will approve it should require: No more than 40 dogs total (day care, boarding) ❑ Noise ordinance compliance Financial obligation to relocate power lines required in permit u Revision of development plan to reverse location of kennel and residence Questions • /_t,5-0 2yG� i de-pc-ei-= 46 a., o d_z cz,,, wvcLe,1 6;_1 a ae ( -769 69 tw, o .__,any te-J- 3- /26 % _eC %y &),�l 72 et C uJ 7 " —c (i; ctac e- �/�r �' -tom z� d .a,4_ , evieic.4 U Q - Q� .dei Vii. U 3- - e. 2 A % - zva � Q, . C� v v � Lr— /O-� 7—/ , • foe) , vim _a_ad„... r --'' ccai- Cra r�� rf .... Hello