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Home My WebLink About951838.tiffINVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Applicant: Clifford D. Morgan & Patricia A. Mahoney 1. Planning Commission Resolution 2. Planning Staff Recommendation 3. Land Use Application Summary Sheet 4. Field Check 5. DPS Letter to Applicant 6. DPS Notice of Hearing 7. Application 8. DPS Notice of Hearing 9. Referrals Without Comments 10. Referral List 11. Referrals With Comments 12. DPS Maps Prepared by Planning Technician 13. DPS Surrounding Property Owner/Mineral Owner 14. Application Deed 15. Applicant Prepared Soil Survey 16. Planning Commission Exhibits Case Number: USR-1080 Submitted or Prepared Prior to Hearing At Hearing X X I hereby certify that the 16 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to the Clerk to the Board's office on May 25, 1995. L, ref Shani L. Eastin, Curre Planner STATE OF COLORADO ) COUNTY OF WELD SUBSCRIBED AND SWORN TO BEFORE ME THIS2 day of SEAL My Commission Expires OTARY PUBLIC STAFF SUMMARY CASE: USR-1080 APPLICANT: Clifford D. Morgan & Patricia A. Mahoney LEGAL DESCRIPTION: Lot A of RE -435 being part of the SW4 of Section 23, T5N, R66W of the 6th P.M., Weld County, Colorado LOCATION: East of and adjacent to 47th Avenue and 1/2 mile south of Highway 34 REQUEST: A Site Specific Development Plan and a Special Review Permit for a Boarding Kennel (60 dogs/15 cats) in the A (Agricultural) Zone District WATER: City of Greeley SEWER: City of Greeley FIRE DISTRICT: Milliken Fire Protection District REFERRAL COMMENTS: Comments have been incorporated into the recommendation. The City of Greeley will not support this project unless a 5 year time frame of review is incorporated into the recommendation. SURROUNDING PROPERTY OWNER COMMENTS: Three letters where received from surrounding property owners. Two property owners had concerns that: - quality of life and future salability of their property - future widening of road may cause a high cost to the public One surrounding property owner supports the special use permit and feels that the applicants have taken great strides in preparing their property in a manner that will not effect their property or its value. STAFF COMMENTS: Consistent with the Comp. Plan, Ag goals and policies Development standards will provide adequate protection of the health, safety, and welfare of the surrounding community and county 951838 May 5, 1995 CASE NUMBER: USR-1080 NAME: Clifford D. Morgan & Patricia A. Mahoney ADDRESS: 3240 47th Avenue Greeley, CO 80631 REQUEST: A Site Specific Development Plan an a Special Review Permit for a Boarding Kennel (60 dogs/15 cats) in the A (Agricultural) Zone District. LEGAL DESCRIPTION: Lot A or RE -435 being part of the SW4 of Section 23, T5N, R66W of the 6th P.M., Weld County, Colorado. LOCATION: East of and adjacent to 47th Avenue and approximately 1/2 mile south of Highway 34. 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. 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 follows: This proposal is consistent with the Weld County Comprehensive Plan's Agricultural Goals and Policies. This land use is located within the Urban Growth Boundary area of Greeley and Evans. The Urban Growth Boundary area section provides for the County encourage land -use development proposals as long as they conform to the desires of affected municipalities. The City of Greeley and Evans comments have been incorporated into this recommendation. This proposal is consistent with the intent of the A (Agricultural) Zone District and is provided for as a Use by Special Review. No overlay districts affect the Site. Special Review Permit Development Standards will provide adequate protection of the health, safety, and welfare of the neighborhood and County. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. -951838 USR-1080 Morgan/Mahoney Page 2 The Department of Planning Services' Staff recommendation for approval 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 15 days of approval by the Board of County Commissioners. 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. 3. Prior to recording the plat: The applicant shall submit construction plans to the State Department of Agriculture for approval. A copy of the approval shall be submitted to the Department of Planning Services. The plat shall be amended to show a 50' buffer on all sides of the proposed kennel. The applicant shall submit a screening plan to the Department of Planning Servivces for approval. The screening plan shall be shown on the plat. s51838 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Clifford D. Morgan & Patricia A. Mahoney USR-1080 The Site Specific Development Plan and Special Review permit is for a Boarding Kennel for sixty (60) dogs and fifteen (15)cats 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. 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. 3. Suitable chemical and scientific controls shall be provided for rodent and insect control. 4. Drainage facilities or improvements shall be constructed to protect any adjacent rivers, streams or other bodies of water. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. No permanent disposal of wastes shall be permitted at this Site. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. The facility shall be maintained in compliance with the United States Department of Agriculture Rules and Regulations Pertaining to the Administration and Enforcement of the Pet Animal Care and Facilities Act. 9. The maximum permissible noise level shall not exceed the commerical limit of 60 db(A), as measured according to 25-12-102, Colorado Revised Statues. 10. Any existing septic system(s) which is not currently permitted thought the Weld County Health Department will require an I.S.D.S. Evaluation prior to the issuance of the required septic permit(s). In the event the system(s) is found to be inadequate, the system(s) must be brought into compliance with current I.S.D.S. regulations. 11. The proposed septic system shall be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. 12. The applicant shall remove and handle, feces and other waste material from the facility area in a manner that will prevent nuisance conditions. 13 The Weld County Health Department requires that this facility utilize the existing public water supply. - 51838 USR-1080 Develompent Standards Page 2, Morgan/Mahoney 14. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 15. Personnel from the Weld County Health Department, Weld County Department of Planning Services and Miliken Fire Protection District shall be granted accessonto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated heron and all major changes from the plans orDevelopment Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such 'changes from the plans or Development Standards are permitted and all applicable Weld County Regulations. 16. The Special Review area shall be limited to the plans shown heron and governed by the foregoing -Standards and all applicable Weld County Regulations. Any other changes shall be filed in the office of the Department of Planning Services. 17. 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. 951838 ADDITIONAL COMMENTS CLIFFORD D. MORGAN & PATRICIA A. MAHONEY LJSR-1080 One letter of opposion to the request was received by theDepartment of Planning Services, May 9, 1995. The letter is attached. 951838 2623 Reservoir Road Greeley, CO 80631 8 May 1995 Shani Eastin, Planner Dept. of Planning Services Weld Co. Administrative Offices 1400 N. 17th Avenue Greeley, CO 80631 Dear Ms. Eastin: In response to your notice concerning the site development plan for a boarding kennel permit requested by Clifford D. Morgan and Patricia A. Mahoney, we are submitting this letter of objection. Our objection is based on two criteria: the quality of life and the future salability of our property. A person can tolerate some inconveniences of country living such as septic -tanks and gavel roads in order to have the privacy and quiet of a rural environment. But this plan for a neigbor to board dogs is intolerable. All kennels have outdoor runs -for the health and comfort of the animals. Regardless of the promises and good intentions of the owners, a kennel housing dogs will be noisey; the enthusiasm of a barking dog is a stimulus to other dogs housed in the kennel and dogs in the neighborhood. So much for the quiet of the countryside! The land just north of our property line has been rezoned for residential bevelopment. This rezoning should increase the value of our property; but most people would hesitate to buy a home in close proximity to aboarding kennel should -we or our son wish to sell in the future. This decreases the salability of the home. We own the property, but our son and his wife and children have made this location their home for nineteen years. Two neighbors on the west side of 47th avenue have lived there for over twenty and twenty-five years. It does not seem fair to have a newcomer in the area, wanting to open this type of business, destroy the tranquility for these neighbors who have paid taxes for years for a quiet, country neighborhood. We will be on a trip on May16th, but our son and his wife, Paul and Jeanette Stewart will represent us at the meeting since they live on the property and are our heirs for this property. We need to point out that all of the neigbors work and are having difficulty getting time off to attend the meeting at 1:30. It is not lack of concern if they are unable to attend. WELD COUNT( PLANNING \aip MAY 9 1995 D ECEIVE -951838 Please give this request careful consideration because your decision in favor of the boarding kennel could destroy the quality of life for four of the five families living in the neighborhood. Sincerely yours, Arvel S-te art Dorothy Stewart 351838 LAND -USE APPLICATION SUMMARY SHEET CASE NUMBER: JJSR-1080 May 4, 1995 NAME: Clifford D. Morgan and Patricia A. Mahoney ADDRESS: 3240 47th Avenue Greeley, CO 80634 REQUEST: A Site SpecificDevelopment Plan and a Special Review -Permit for a Boarding Kennel (dogs/cats) in the A (Agricultural) Zone District. LEGAL DESCRIPTION: Lot A of RE -435 being part of the SW4 of Section 23, T5N, R66W _of the 6th P.M., Weld County, Colorado. LOCATION: East of and adjacent to 47th Avenue -and approximately 1/2 mile south of -Highway 34. SIZE OF PARCEL: 2.6 acres, more or less 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 Department 3. Humane Society of Weld County 4. City of Evans Planning Department 5. City of Greeleyflanning Department 6. USDA -APHIS Veterinary Service 7. GreeleySoil Conservation District Tile Department of Planning Services' staff -has not received referral responses from: 1. Miliken Fire ProtectionDistrict The Department of Planning Services' staff has not received any _objections from surrounding property owners. 951838 FIELD CHECK FILING NUMBER: USR-1080 DATE OF INSPECTION: April 13, 1995 -APPLICANTS NAME: Clifford D. Morgan and Patricia A. Mahoney REQUEST: A -Site Specific Development Plan and a Special REview Permit for A Boarding Kennel (60 dogs/15 cats) in the A (Agricultural) Zone District LEGAL DESCRIPTION: Lot A or RE -435 being part of the SW4 of Section 23, T5N, R66W of the 6th P.M., Weld County, Colorado LOCATION: East of and adjacent to 47th Avenue and approximately 112 -mile south of Highway 34 LAND USE: N Residence E Agricultural Production S Agricultural Production W Agricultural Production, Residence ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: Proposeddcennel will be located to the east of property owners home. Access to the back ofthe property tothedcennel does not exist at this time. Shani L. Eastin Current Planner 951838 p) Ink COLORADO March24, 1995 Clifford D. & Patricia A. Mahoney 3240 47th Avenue Greeley, CO 80631 DEPARTMENT OFPLANNING SERVICES PHONE (303) 353-6100, EXT.3540 FAX (303)352-6312 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 Subject: USR-1080 - Request for a Site Specific Development plan and Special Review Permit for a Boarding Kennel (Dogs/Cats) on a parcel of land described as Lot A of RE -435 being part of the SW4 of Section 23, T5N,R66W of the 6th P.M., Weld County, Colorado. Dear Mr. & Mrs. Mahoney: Your application and related materials for the request described above are being processed at the present time. I have scheduled a meeting with the Weld County Planning Commission for May 2, 1995, at 1:30 p.m. This meeting will take place in the County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 IOth Street, Greeley, Colorado. It is recommended that you and/ora 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 and Greeley Planning Commissions for its review and comments. Please call Ken Hammer, City of Evans, 339-5344 and Rebecca Safarik, City of Greeley, 350-9780 for further details regarding the date, time, andTlace of this meeting. It is recommended that you and/or a representative be in attendance at the 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 hearin_g 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 beTosted 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, Shani L. Eastin Current Planner 951838 Hello