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Applicant: Martinson Case Number: USR-1178
1998 rEE 2'4 El 3: 12
Submitted or Prepared
CLERK
�or TO TI F Bar,!-,D
to Hearing A Baring
1. P.C. Resolution X
2. Staff Recommendation (6 pages) X
3. Staff memo X
4. Letter to applicant X
5. field check X
SPO letters
6. Jergensmeier/Robb letter dated Feb. 11, 1998 X
7. Jergensmeier letter dated Jan. 16, 1998 X
8. Robb letter dated Feb. 2, 1998 X
9. McDonnell letter dated Jan. 29,1998 (2 pages) X
10. legals (2 pages) X
11. Application (8 pages) X
Referrals W/O Comments
12. Referral list and letter (2 pages) X
Referrals W/Comments
13. Weld County Health Dept. Memo dated 2/11/98 X
14. Weld County Health Dept. Memo dated 2/9/98 X
15. Greeley/Weld Airport (2 pages) X
16. City of Greeley X
17. Weld County Health Dept. Memo dated 12/22/97 X
18. Public Works Dept. Memo dated 12/11/97 X
19. Union Colony Fire/Rescue Authority X
20. City of Evans X
21. Garden City X
22. Maps (3 pages) X
23. SPO's (3 pages) X
24. Soil report (6 pages) X
25. Plat map (24" x 36") X
2G e43k £ SAt0,, st,c ..aecra X
I hereby certify that the items identified herein were submitted to the Department of Planning
Services at or prior to the scheduled Planning Commi/gsio/n hea 'ng. I further certify that these .2.4items were forwarded to the Attorney's office on /$o`9Q!
Todd A. Hodges C rrent Planner II
STATE OF COLORADO )
)
COUNT-3 OF WELD ) //y
SUBSCRIBED AND SWORN TO BEFORE ME THIS day of.4)1-O I T n,(�19 ( r.
S r:A:. Jhayfrudoriwal
/�J C /�/�, NOTARY PUBLIC
My Commission Expires qAW/ J. EXHIBIT
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980605
istlikr
wine LAND USE APPLICATION
SUMMARY SHEET
COLORADO
Case Number USR-1178 Hearing Date: February 3, 1998
Applicant: Russell & Patricia Martinson
Address: 2983 E. 18th Street
Request: A Site Specific Development Plan and a Special Review Permit for a kennel for raising and
training of toy breed dogs (30 maximum) in the A(Agricultural) Zone District.
Legal Description: Lot A of RE-392 located in the NW4, SW4 11-05-65 of the 6th P.M., Weld County,
Colorado.
Location: North of& adjacent to 18th Street; approximately 1/4 mile west of WCR 45 '/:.
Size of Parcel: 1.9 +/-acres.
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Section 24.3 of the Weld County
Zoning Ordinance.
The Department of Planning Services' staff has received responses from the following agencies:
1. Weld County Health Department
2. Weld County Public Works
3. Union Colony Fire/Rescue Authority
4. Town of Garden City
5. City of Evans
6. City of Greeley
The Department of Planning Services'staff has not received responses from the following agencies:
1. USDA-APHIS Veterinary Service
2. Greeley Soil District
The Department of Planning Services'staff has received one letter in opposition to this request.
EXNIIT
980s05
fat
e SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
inipe
COLORADO
PLANNER: Todd Hodges
CASE NUMBER: USR-1158 HEARING DATE: February 3, 1998
APPLICANT: Russell & Patricia Martinson
ADDRESS: 2983 E. 18th Street
Greeley, C080631
REQUEST: A Site Specific Development Plan and a Special Review Permit for a kennel for raising
and training of toy breed dogs (30 maximum) in the A (Agricultural)Zone District.
LEGAL DESCRIPTION: Lot A of RE-392 located in the NW4, SW4 11-05-65 of the 6th P.M., Weld
County, Colorado.
LOCATION: North of&adjacent to 18th Street; approximately 1/4 mile west of WCR 45 '/s.
SIZE OF PARCEL: 1.9 acres.
PARCEL NUMBER: 0961 11 000066
THE 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 24.7 of the
Weld County Zoning Ordinance, as amended.
2. It is the opinion of the Department of Planning Services'staff that the applicant has shown compliance
with Section 24.3 of the Weld County Zoning Ordinance, as amended, as follows:
a. Section 24.3.1.1 --This proposal is consistent with the Weld County Comprehensive Plan,
as amended. This proposal is for the raising and training of a maximum of 30 dogs (toy
breeds)on the site. This proposal does not include the boarding of others dogs and therefore
is a kennel for the purpose of raising more dogs than allowed by right in the Agricultural Zone
District. The conditions of approval and development standards ensure that this proposal is
consistent with the Weld County Comprehensive Plan.
b. Section 24.3.1.2 -- This proposal is consistent with the intent of the A (Agricultural) Zone
District. The Agricultural Zone District is intended to provide areas for the conduct of
agricultural activities without the interference of other, incompatible land uses. The site of
this proposal is zoned A(Agricultural) as is the surrounding properties. This proposal does
not take prime farm ground out of production. Additionally, Section 31.4.8 of the Weld County
Zoning Ordinance provides for kennels in the Agricultural Zone District, subject to a Use by
980605
Martinson
USR-1178
Page 2
Special Review permit and the requirements of Section 45.6 of the Weld County Zoning
Ordinance. The conditions of approval and development standards insure that this proposal
is consistent with the intent of the Agricultural Zone District.
c. Section 24.3.1.3 -- The uses which would be permitted are compatible with the existing
agricultural activities and land uses surrounding the site. The surrounding properties are
zoned agricultural and have the following existing land uses: residential/agricultural to the
west, east and south; agriculture to the north. This proposal is consistent with A.Policy 4.1.8
of the Weld County Comprehensive Plan, as amended by clustering the uses on the site to
minimize the impacts to the remainder of the site as well as the surrounding properties.
Conditions of approval and development standards ensure that the proposed uses will remain
compatible with the existing surrounding land uses.
d. Section 24.3.1.4 -- The proposed uses will be compatible with future development of the
surrounding area as permitted by the existing zone districts and with the future development
as projected by the Comprehensive Plan or Master Plan of affected municipalities. The site
is located within the referral boundary area of the City of Greeley, City of Evans and Town
of Garden City. The City of Greeley reviewed this proposal and supports approval with a
condition that the permit be reviewed in five years for compatibility with the surrounding area.
After discussion with City of Greeley Planning staff and the applicant conditions of approval
and development standards were created to address the compatibility issues. The City of
Evans and Town of Garden City reviewed this proposal and indicated no conflicts with their
interests.
e. Section 24.3.1.5--A portion of the property lies within the Flood Hazard Overlay District and
the entire property lies within the Airport Overlay District. The conditions of approval and
development standards ensure compliance of the property with the overlay districts.
f. Section 24.3.1.6--The applicant has demonstrated a diligent effort to conserve productive
agricultural land. This proposal is to be located on a 1.9 acre parcel. The proposed uses are
to be located within an existing fenced yard and inside the existing residential structure.
g. Section 24.3.1.7—The Design Standards, Operation Standards, Conditions of Approval and
Development Standards 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 submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
THE DEPARTMENT OF PLANNING SERVICE'S RECOMMENDATION IS CONDITIONAL UPON THE
FOLLOWING:
1. The attached Development Standards for the Special Review permit shall be adopted and
placed on the Special Review plat prior to recording the plat. The plat shall be delivered to
the Department of Planning Services and be ready for recording in the Weld County Clerk
and Recorder's office within 30 days of approval by the planning commission. (Department
of Planning Services)
990605
Martinson
USR-1178
Page 3
2. The Special Review activity shall not occur nor shall any building or electrical permits be
issued on the property until the Special Review plat is ready to be recorded in the office of
the Weld County Clerk and Recorder. (Department of Planning Services)
3. Prior to recording the plat:
A. The applicant shall submit evidence to the Weld County Health Department that the
facility has received a permit from and comply with the Colorado Department of
Agriculture Rules& Regulations Pertaining to the Administration and Enforcement
of the Pet Animal Care and Facilities Act.
B. The plat shall be amended to show access and parking areas for the facility.
C. The applicant shall submit to the Department of Planning Services for review
and approval a buffering/noise mitigation plan. Any approved elements of the
plan shall be placed on the plat.
4. The facility shall utilize the existing water supply.
5. Adequate toilet facilities shall be provided for the public.
6. Prior to Release of building permits for the future expansion to serve as a garage and kennel
the applicant shall submit evidence to the Weld County Health Department that the existing
septic system has been reviewed by a Colorado Registered Professional Engineer. The
review shall consist of observation of the system and a technical review describing the
system's ability to handle the proposed hydraulic load. In the event the system is found to
be inadequately sized or constructed the system shall be brought into compliance with current
I.S.D.S. Regulations.
7. Prior to release of building permits for separate structures, review of the plans by the Union
Colony Fire/Rescue Authority is required.
8. Prior to release of building permits for structures and/or additions located within the Flood
Hazard Overlay District the submittal of a Flood Hazard Development Permit application
shall be submitted, reviewed and all conditions met.
990605
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Martinson
USR-1178
1. A Site Specific Development Plan and a Special Review Permit for a Kennel for raising and training
Toy Breed Dogs(30 maximum) in the A(Agricultural)Zone District as submitted in the application
materials on file in the Department of Planning Services and 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 90 of the Weld
County Zoning Ordinance. (Department of Planning Services)
3. All liquid and solid wastes shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Weld County Health Department)
4. No permanent disposal of wastes shall be permitted at this site. (Weld County Health
Department)
5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions. (Weld County Health
Department)
6. Fugitive dust shall be controlled on this site. (Weld County Health Department)
7. The maximum permissible noise level shall not exceed the residential limit of 55 db(A), as
measured according to 25-12-102, Colorado Revised Statutes. (Weld County Health
Department)
10. The installation of any septic system within the 100-year flood plain shall comply with the
Weld County I.S.D.S. flood plain policy. In accordance with the Colorado I.S.D.S.
Regulations, no septic systems shall be installed within the floodway. (Health Department)
11. Animal and food wastes, bedding, debris and other organic wastes shall be disposed of so
that vermin infestation, odors, disease hazards and nuisances are minimized. Such wastes
shall be removed weekly from the facility and hauled by a commercial hauler. (Health
Department)
12. The facility shall maintain compliance with Section 45.6 of the Weld County Zoning
Ordinance. (Weld County Health Department/Department of Planning Services)
13. The site shall maintain compliance, at all times with the Flood Hazard Overlay District.
980605
14. The facility shall maintain compliance, at all times with the Airport Overlay District.
Prior to release of building permits for the exspansion of existing structures or new
structures the plans must be reviewed and approved by the Weld/Greeley Airport
Authority.
15. The site shall maintain compliance at all times with Sections 24.5 and 24.6 of the Weld
County Zoning Ordinance. (Department of Planning Services)
16. The facility shall maintain compliance, at all times, with the Union Colony Fire/Rescue
Authority. (Department of Planning Services)
17. The Special Review Permit does not allow for the boarding of animals not owned by the
applicants. (Department of Planning Services)
18. USR-1178 shall not be transferrable and should the property be conveyed or transferred to
different ownership the Special Review Permit shall be vacated. (Department of Planning
Services)
19. Dogs shall be kept indoors between the hours of 7:00 p.m. and 7:00 a.m. and on days that
property owner is not present on the property.
20. This permit limits the total number of dogs to 30 including all offspring.
21. Personnel from the Weld County Health Department and Weld County Department of
Planning Services 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 Development Standards
stated hereon and all applicable Weld County Regulations. (Weld County Health
Department/Department of Planning Services)
22. The Special Review area shall be limited to the plans shown hereon and governed by the
foregoing Standards and all applicable Weld County Regulations. Major 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 Planning Commission 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. (Department of Planning Services)
23. 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.
(Department of Planning Services/Weld County Health Department)
980605
AA , MEMORANDUM
W Igip C
TO: Weld County Planning Commission February 3, 1998
COLORADO From: Todd A. Hodges, Current Planner II
SUBJECT: USR-1178
Through out the review of this proposal Department of Planning Services staff were under the
impression that surrounding property owners did not have any objections. After discussion with
adjoining property owners of this request the Department of Planning Services staff request that
USR-1178 be continued to February 17, 1998. The purpose for the continuance is to properly
evaluate the concerns of the surrounding property owners and to complete an on-site inspection
with Weld County Health Department staff concerning the noise of the dogs.
EXHIBIT
9806^5
i6;tss.:3 DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3540
FAX ( ) S
WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
GREELEY, COLORADO 80631
C.
COLORADO
December 8, 1997 •
Russell and Patricia Martinson
2983 E. 18th Street
Greeley, CO 80631
Subject: USR-1178- Request for a Site Specific Development Plan and Special Review Permit for A Kennel for
Raising, Training and Showing of Toy Breed Dogs (30 maximum) in the A (Agricultural) Zone District,
on A parcel of land described as Lot A of RE-392 being part of the NE4SW4 of Section 11,T5N, R65W
of the 6th P.M.,Weld County, Colorado.
Dear Mr. and Mrs. Martinson:
Your application and related materials for the request described above are being processed. I have scheduled A
meeting with the Weld County Planning Commission for February 3, 1998, at 1:30 p.m. This meeting will take place
in the County Commissioners' Hearing Room, First Floor,Weld County Centennial Center, 915 10th Street, Greeley,
Colorado. It is recommended that you and/or A representative be in attendance to answer any questions the Planning
Commission members may have.
It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the
property or if the property 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 Evans, Garden City, and Greeley Planning
Commission for its review and comments. Please call City of Evans at 970-339-3472,Town of Garden City at 970-
351-0041 and City of Greeley at 970-350-9780 for further details regarding the date, time, and place of this meeting.
It is recommended that you and/or a representative be in attendance at the Evans, Garden City, and Greeley Planning
Commission meeting to answer any questions the Commission members may have with respect to your application.
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. This recommendation will be available twenty-four(24) hours before the scheduled
hearing. It is the responsibility of the applicant to call the Department of Planning Services' office before the Planning
Commission hearing to make arrangements to obtain the recommendation.
If you have any questions concerning this matter, please call.
Respectfully,
S a i L Eastin
C rent Planner 98O605Sfe
FIELD CHECK
FILING NUMBER: USR-1178 DATE OF INSPECTION: 121'2 `71
APPLICANT'S NAME: Russell and Patricia Martinson
CURRENT PLANNER: Shani L. Eastin
REQUEST: A Site Specific Development Plan and Special Review Permit for a Kennel for Raising, Training and
Showing of Toy Breed Dogs (30 maximum) in the a (Agricultural) Zone District.
LEGAL DESCRIPTION: Lot a of RE-392 being part of the NE4SW4 of Section 11,T5N, R65W of the 6th P.M.,
Weld County, Colorado.
LOCATION: North/off and me adjacent to East 18th Street;approximately 1/4 mile west of Weld County Road 45-1/2
LAND USE: N f-t>I
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W 'fit C�l)4.70 ',Ai l'T � a-\'� G 2 `5C`j
ZONING: N A (Agricultural)
E A (Agricultural)
S A (Agricultural)
W A (Agricultural)
COMMENTS:
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EXWBNT II 980605
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