HomeMy WebLinkAbout980604.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Stephen Mokray that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR-1178
APPLICANT: Russell & Patricia Martinson
PLANNER: Todd Hodges
ADDRESS: 2983 E. 18th Street, Greeley, CO 80631
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 Weld County Road 45 '/.
Be recommended favorably to the Board of County Commissioners 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 Planning Commission 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
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. EXHIBIT
980604
RESOLUTION, USR-1178
Russell & Patricia Martinson
Page 2
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 Planning Commission's 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 30 days of approval by the planning commission. (Department
of Planning Services)
2. The Special Review activity shall not occur nor shall any building or electrical permits be issuedon
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 PetAnimal 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.
980604
RESOLUTION, USR-1178
Russell & Patricia Martinson
Page 3
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.
Motion seconded by Cristie Nicklas.
VOTE:
For Passage Against Passage
Arlan Marrs
Gristle Nicklas
Fred Walker
Marie Koolstra
Jack Epple
Bruce Fitzgerald
Stephen Mokray
Rusty Tucker
Glenn Vaad
The Chairman declared the resolution passed and ordered that a certified copy be forwarded with the file of
this case to the Board of County Commissioners for further proceedings.
CERTIFICATION OF COPY
I. Sharyn Frazer, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on February 17, 1998.
D ted the 17th of February, 1998.
haryn Fr er
Secretary
980604
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 aadads
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).
8. 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).
9. 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).
10. The facility shall maintain compliance with Section 45.6 of the Weld County Zoning Ordinance. (Weld
County Health Department/Department of Planning Services).
11. The site shall maintain compliance, at all times with the Flood Hazard Overlay District.
12. The facility shall maintain compliance, at all times with the Airport Overlay District. Prior to release
of building permits for the expansion of existing structures or new structures the plans must be
reviewed and approved by the Weld/Greeley Airport Authority.
13. 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).
14. The facility shall maintain compliance, at all times, with the Union Colony Fire/Rescue Authority.
(Department of Planning Services).
15. The Special Review Permit does not allow for the boarding of animals not owned by the applicants.
(Department of Planning Services).
9806"4
DEVELOPMENT STANDARDS, USR-1178
Russell and Patricia Martinson
Page 2
16. 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).
17. 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.
18. This permit limits the total number of dogs to 30 including all offspring.
19. 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).
20. 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 o r
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).
21. 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).
i8. 0604
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