HomeMy WebLinkAbout20131957.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSI
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMM
Moved by Robert Grand, 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: USR13-0024
APPLICANT: ROBERT EHRLICH, CIO JEFF CHILDS
PLANNER: DIANA AUNGST
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A KENNEL (75 DOG BOARDING KENNEL AND 25 DOGGIE DAY
CARE FOR A MAXIMUM OF 100 DOGS) AND ANY USE PERMITTED AS A USE
BY RIGHT, AN ACCESSORY USE, OR A USE BY SPECIAL REVIEW IN THE
COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS, (VETERINARY CLINIC, DOG
GROOMING, AND RETAIL SALES OF DOG FOOD, SUPPLIES, AND TOYS),
PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR
RECORDED SUBDIVISION PLAT OR LOTS PARTS OF A MAP OR PLAN FILED
PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS
IN THE A (AGRICULTURAL) ZONE DISTRICT
LEGAL DESCRIPTION: PT W2N2N2NW4 SECTION 20, T3N, R68W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 32; EAST OF AND ADJACENT TO CR 3.
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 23-2-260 of
the Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23-
2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
Section 22-2-20 - A. Goal 1 states, "Respect and encourage the continuation of agricultural
land uses and agricultural operations for purposes which enhance the economic health and
sustainability of agriculture."
The parcel on which the Kennel facility is proposed to be located is approximately 20 acres in
size. The Kennel is a service industry for the boarding of dogs during the day and over -night.
The dogs will be kept inside in a climate controlled building between 7:00 p.m. and 7:00 a.m.
Section 22-2-100.A - C. Goal.1 states "Promote the location of commercial uses within
municipalities, County Urban Growth Boundary areas, Intergovernmental Agreement urban
growth areas, growth management areas as defined in municipal comprehensive plans, the
Regional Urbanization Areas, Urban Development Nodes or where adequate services are
currently available or reasonably obtainable."
Section 22-2-20.G.7 - A. Policy 7.2 states, "Conversion of agricultural land to nonurban
residential, commercial, and industrial uses should be accommodated when the subject site
is in an area that can support such development, and should attempt to be compatible with
the region."
The property has a will -serve letter from the Longs Peak Water District and a proposed ISDS
system to handle the effluent flows. The application materials state that the kennel will board
75 dogs and will have a Doggie Day Care for an additional 25 dogs for a maximum of 100
dogs at any one time. In addition to the boarding of dogs, the application materials state that
there will be a veterinary clinic, dog grooming, and retail sales of dog food, supplies, and toys.
The applicant submitted a Screening/Landscape Plan that shows screening around the
outside -daytime play area. The Department of Planning Services is also requesting a
Lighting Plan. The noise levels on the site are required to meet the standards of the Weld
0?013 _ f"'57
RESOLUTION USR13-0024
ROBERT EHRLICH, C/O JEFF CHILDS
PAGE 2
County Department of Environmental Health. There is also a Development Standard that the
dogs are kept indoors between 7:00 p.m. and 7:00 a.m.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural)
Zone District. Section 23-3-40.H and 23-3-40.S of the Weld County Code allow for A Site
Specific Development Plan and Use by Special Review Permit fora Kennel (75 Dog Boarding
Kennel and 25 Doggie Day Care for a Maximum of 100 Dogs) and Any Use Permitted as a
Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial
Zone Districts, (Veterinary Clinic, Dog Grooming, and Retail Sales of Dog Food, Supplies,
and Toys), provided that the property is not a lot in an approved or recorded subdivision plat
or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions
in the A (Agricultural) Zone District
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The site is located approximately one -quarter mile west of the Town of Mead's corporate
limits and outside their Urban Growth Boundary (as defined by the County). The adjacent
properties are a mix of agricultural uses and rural residences. The nearest residence is
located approximately 200 feet south of the southern property line. The surrounding USRs
include USR-1421 approximately one -quarter mile to the south for a second -single family
dwelling and USR-686 approximately one-half mile to the east for livestock confinement of
900 head of cattle.
Five (5) surrounding property owners received notice of this USR due to their property being
within 500 feet of the site and the Weld County Department of Planning Services received
twelve (12) letters of opposition. These letters outline concerns about traffic, noise, odors,
compatibility, and decreasing property values. On Wednesday, June 12, 2013 the applicant
held a neighborhood meeting.
The applicant submitted a Screening/Landscape Plan that shows screening around the
outside -daytime play area. The Department of Planning Services is requesting a Lighting
Plan and that the dogs be kept indoors at night. The noise levels on the site are required to
meet the standards of the Weld County Department of Environmental Health. These
requirements along with the other Development Standards and the Conditions of Approval
will assist in mitigating the impacts of the facility on the adjacent properties and ensure
compatibility with surrounding land uses.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities.
The site is located within the three mile referral areas of the Town of Mead and the City of
Longmont. The Town of Mead in their referral comments, dated June 7, 2013, stated that,
"This property is designated A -Agriculture in the Mead Future Land Use Plan. 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, all
care/boarding/sales should occur in an indoor facility." The City of Longmont did not respond
to the referral request.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Article V, of the Weld
County Code. The existing site is within the County -Wide Road Impact Fee Area and the
Capital Expansion Impact Fee area.
Building Permits issued on the lot will be required to adhere to the fee structure of the
County -Wide Road Impact Fee Program.
RESOLUTION USR13-0024
ROBERT EHRLICH, O/O JEFF CHILDS
PAGE 3
Building Permits issued on the proposed lot will be required to adhere to the fee structure
of the County Facility Fee and Drainage Impact Fee Program.
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use.
The proposed facility is located on Prime (Irrigated) per the 1979 Soil Conservation Service
Important Farmlands of Weld County Map. The proposed USR will take approximately 20
acres of Prime (Irrigated) Farmland out of production.
G. Section 23-2-220.A.7 -- There is adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County.
The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section
23-2-250, Weld County Code), Conditions of Approval and Development Standards can
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 materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Planning Commission recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
A. The applicant shall either submit a copy of an agreement with the property's mineral
owner/operators stipulating that the oil and gas activities have been adequately incorporated into
the design of the site or show evidence that an adequate attempt has been made to mitigate the
concerns of the mineral owner/operators. (Department of Planning Services)
B. The applicant shall address the requirements (concerns) of the Mountain View Fire Protection
District, as stated in the referral response dated May 15, 2013. Written evidence of such shall be
submitted to the Weld County Department of Planning Services. (Department of Planning
Services)
C. The applicant shall address the requirements (concerns) of the Longmont Soils Conservation
District, as stated in the referral response dated May 14, 2013. Written evidence of such shall be
submitted to the Weld County Department of Planning Services. (Department of Planning
Services)
D. The applicant shall submit a Lighting Plan to the Department of Planning Services, for review
and approval. Any lighting poles and lamps shall comply with Section 23-3-360.F. which states,
in part, that, "any lighting shall be designed, located, and operated in such a manner as to meet
the following standards: sources of light shall be shielded so that beams or rays of light will not
shine directly onto adjacent properties." (Department of Planning Services)
E. In accordance with Chapter 23, Article IV, Division 2 the applicant shall submit a Sign Plan to the
Department of Planning Services for review and approval, if signage is desired. The quantity,
size and location of the signs shall comply with Appendix 23-C and Appendix 23-D. (Department
of Planning Services)
F. The applicant shall submit an updated Parking Plan to the Department of Planning Services for
review and approval. This updated parking plan shall show the dimensions of the drives and the
parking stalls including the ADA parking stalls. The applicant shall comply with Appendix 23-B of
the Weld County Code and the Section 208 of the 2010 Americans with Disability Act and
provide an adequate number of parking stalls. Two (2) parking stalls are required for the
residence and twenty (20) parking stalls are required for the kennel/vet business. Two (2) of the
22 required parking stalls shall meet the requirements of ADA. Further, the applicant shall
RESOLUTION USR13-0024
ROBERT EHRLICH, C/O JEFF CHILDS
PAGE 4
delineate curb stops for the parking spaces shown on the Use by Special Review plat.
(Department of Planning Services)
G. The applicant shall resubmit a dust abatement plan that includes, "watering as necessary", to
Environmental Health Services, Weld County Department of Public Health & Environment.
(Department of Public Health & Environment)
H. The applicant shall provide written documentation that a license under the Pet Animal Care
Facilities Act (PACFA) has been issued. The documentation shall be submitted to
Environmental Health Services, Weld County Department of Public Health and Environment.
(Department of Public Health & Environment)
I. The applicant shall resubmit a Waste Handling Plan, to Environmental Health Services, Weld
County Department of Public Health & Environment. The plan shall incorporate at a minimum,
how chemicals, drugs and animal carcasses from the veterinarian office will be disposed of. The
name, address, and phone number of the waste handler and facility where disposal will occur
shall be included. (Department of Public Health & Environment)
J. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR13-0024. (Department of Planning Services)
2) The attached Development Standards. (Department of Planning Services)
3) The plat shall be prepared per Section 23-2-260.D of the Weld County Code. (Department
of Planning Services)
4) The applicant shall delineate the trash collection areas. Section 23-3-350.H of the Weld
County Code addresses the issue of trash collection areas. Areas used for storage or
trash collection shall be screened from adjacent properties and public rights -of -way.
These areas shall be designed and used in a manner that will prevent trash from being
scattered by wind or animals. (Department of Planning Services)
5) The approved Parking Plan. (Department of Planning Services)
6) The approved Landscape/Screening Plan, as submitted by the applicant. (Department of
Planning Services)
7) The approved Signage Plan. (Department of Planning Services)
8) The approved Lighting Plan. (Department of Planning Services)
9) County Roads 3 and 32 are designated on the Weld County Road Classification Plan as
local roadways, which require 60 feet of right-of-way at full build out. The applicant shall
verify the existing 60 feet of right-of-way and the documents creating the rights -of -way and
this information shall be noted on the plat. All setbacks shall be measured from the edge
of future rights -of -way. If the existing rights -of -way cannot be verified, they shall be
dedicated. These roads are maintained by Weld County. (Department of Public Works)
10) Show the approved accesses on the Plat and label with the approved access permit
numbers (will be provided). (Department of Public Works)
RESOLUTION USR13-0024
ROBERT EHRLICH, C/O JEFF CHILDS
PAGE 5
2. Upon completion of Condition of Approval #1 above, the applicant shall submit three (3) paper copies
or one (1) electronic copy (.pdf) of the plat for preliminary approval to the Weld County Department of
Planning Services. Upon approval of the plat the applicant shall submit a Mylar plat along with all
other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office
of the Weld County Clerk and Recorder by the Department of Planning Services. The plat shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The
Mylar plat and additional requirements shall be submitted within one hundred twenty (120) days from
the date of the Board of County Commissioners Resolution. The applicant shall be responsible for
paying the recording fee. (Department of Planning Services)
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the plat
not be recorded within the required one hundred twenty (120) days from the date of the Board of
County Commissioners Resolution, a $50.00 recording continuance charge shall added for each
additional three (3) month period. (Department of Planning Services)
4. The Department of Planning Services respectfully requests a digital copy of this Use by Special
Review, as appropriate. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable
GIS formats are ArcView shapefiles orArcGIS Personal GeoDataBase (MDB). The preferred format
for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to
maps(cr�co.weld.co.us (Department of Planning Services)
5. Prior to construction:
a. If more than 1 acre is to be disturbed, a Weld County grading permit will be required prior to the
start of construction. (Department of Public Works)
b. A building permit may be required for any new construction, alteration, or addition to any buildings
or structures on the property, per Section 29-3-10 of the Weld County Code. A building permit
application must be completed and two complete sets of engineered plans including engineered
foundation plans bearing the wet stamp of a Colorado registered architect or engineer must be
submitted. A geotechnical engineering report performed by a registered State of Colorado
engineer shall be required or a open hole inspection. (Department of Building Inspection)
6. Prior to the issuance of the Certificate of Occupancy for the kennel facility:
a. An individual sewage disposal system is required for the proposed facility and shall be installed
according to the Weld County Individual Sewage Disposal Regulations. The septic system is
required to be designed by a Colorado Registered Professional Engineer according to the Weld
County Individual Sewage Disposal Regulations. (Department of Public Health & Environment)
7. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be
issued on the property, until the Use by Special Review plat is ready to be recorded in the office of the
Weld County Clerk and Recorder. (Department of Planning Services)
Motion seconded by Benjamin Hansford.
VOTE:
For Passage
Robert Grand
Benjamin Hansford
Mark Lawley
Nick Berryman
Jason Maxey
Joyce Smock
Jordan Jemiola
Bret Elliott
Against Passage
Absent
Bill Hall
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Jeff Childs
USR13-0024
1. A Site Specific Development Plan and Use by Special Review Permit USR13-0024 is for a Kennel (75
Dog Boarding Kennel and 25 Doggie Day Care for a Maximum of 100 Dogs) and Any Use Permitted
as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial
Zone Districts, (Veterinary Clinic, Dog Grooming, and Retail Sales of Dog Food, Supplies, and Toys),
provided that the property is not a lot in an approved or recorded subdivision plat or lots parts of a
map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural)
Zone District (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. The hours of operations shall be Monday thru Friday 6:30 a.m. to 6:30 p.m., Saturday 8:00 a.m. to
12:00 p.m. (noon) and Sunday by appointment only between the hours of 12:00 p.m. (noon) and 2:00
p.m., as stated in the application materials. (Department of Planning Services)
4. The number of on -site employees shall be limited to six (6) full-time employees, as stated in the
application materials. (Department of Planning Services)
5. Dogs shall be kept indoors between 7:00 p.m. and 7:00 a.m. (Department of Planning Services)
6. Maximum of seventy-five (75) dogs in the kennel with an additional twenty-five (25) dogs in the doggie
day care. Dogs over the age of six (6) months are counted towards the maximum numbers described
above in accordance with Section 23-1-90 of the Weld County Code. (Department of Planning
Services)
7. All signs shall be in compliance with the Weld County Code. (Department of Planning Services)
8. The landscaping, screening, and sign(s) on site shall be maintained in accordance with the approved
Landscape/Screening/Sign Plans. (Department of Planning Services)
9. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the
property or become established as a result of the proposed development, the applicant/landowner
shall be responsible for controlling the noxious weeds. (Department of Public Works)
10. The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will
reasonably preserve the natural character of the area and prevent property damage of the type
generally attributed to run-off rate and velocity increases, diversions, concentration and/or unplanned
ponding of storm run-off. (Department of Public Works)
11. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Public Works)
12. Animal and feed 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 disposed of by a commercial hauler. (Department of Public Health &
Environment)
13. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health &
Environment)
RESOLUTION USR13-0024
ROBERT EHRLICH, O/O JEFF CHILDS
PAGE 8
14. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites
and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health & Environment)
15. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The applicant
shall operate in accordance with the approved Waste Handling Plan, at all times. (Department of
Public Health & Environment)
16. The applicant shall comply with the Colorado Department of Agriculture (CDA), Division of Animal
Industry. (Department of Public Health & Environment)
17. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be
operated in accordance with the approved Dust Abatement Plan, at all times. (Department of Public
Health & Environment)
18. This facility shall adhere to the maximum permissible noise levels allowed in the Non -specified Zone
as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health &
Environment)
19. Adequate drinking, handwashing and toilet facilities shall be provided for employees and clients of the
facility, at all times. (Department of Public Health & Environment)
20. Sewage disposal for the facility shall be by septic system. Any septic system located on the property
must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal
Systems. (Department of Public Health & Environment)
21. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. The facility
shall utilize the existing public water supply. (Longs Peak Water District)
22. All potentially hazardous chemicals must be handled in a safe manner in accordance with product
labeling and in a manner that minimizes the release of hazardous air pollutants (HAP's) and volatile
organic compounds (VOC's). All chemicals must be stored secure, on an impervious surface, and in
accordance with manufacturer's recommendations. (Department of Public Health & Environment)
23. The operation shall comply with all applicable rules and regulations of the State and Federal agencies
and the Weld County Code. (Department of Public Health & Environment)
24. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties
where such would cause a nuisance or interfere with the use on the adjacent properties in accordance
with the plan. Neither the direct, nor reflected, light from any light source may create a traffic hazard
to operators of motor vehicles on public or private streets. No colored lights may be used which may
be confused with, or construed as, traffic control devices. (Department of Planning Services)
25. A building permit will be required for any new construction, alteration, or addition to any buildings or
structures on the property. (Department of Building Inspection)
26. Buildings, equipment and structures shall conform to the requirements of the various codes adopted
at the time of permit application. Currently the following has been adopted by Weld County: 2012
International Building Code; 2012 International Mechanical Code; 2012 International Plumbing Code:
2012 International Energy Code; 2006 International Fuel Gas Code; 2011 National Electrical Code;
2009 ANSI 117.1 Accessibility Code the 2012 International Plumbing Code. 2012 International
Residential Building Code; 2006 International Energy Code and Chapter 29 of the Weld County Code.
A plan review shall be approved and a permit must be issued prior to the start of construction.
(Department of Building Inspection)
RESOLUTION USR13-0024
ROBERT EHRLICH, CIO JEFF CHILDS
PAGE 9
27. Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide
Road Impact Fee Program. (Ordinance 2011-2)
28. Building Permits issued on the lot will be required to adhere to the fee structure of the County Facility
Fee and Drainage Impact Fee Programs. (Ordinance 2011-2)
29. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240 of the Weld County Code.
30. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250 of the Weld County Code.
31. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and
Public Health and Environment 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 Conditions of Approval and
Development Standards stated herein and all applicable Weld County regulations.
32. The Use by Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial 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 Board of County Commissioners 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.
33. 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.
34. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural
counties in the United States, typically ranking in the top ten counties in the country in total market
value of agricultural products sold. The rural areas of Weld County may be open and spacious, but
they are intensively used for agriculture. Persons moving into a rural area must recognize and accept
there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of
services than in town. Along with the drawbacks come the incentives which attract urban dwellers to
relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the
rural atmosphere and way of life. Without neighboring farms, those features which attract urban
dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural
activities will generate off -site impacts, including noise from tractors and equipment; slow -moving farm
vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal
confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and
trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and
fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations. A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
RESOLUTION USR13-0024
ROBERT EHRLICH, CIO JEFF CHILDS
PAGE 10
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice
the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state
and county roads outside of municipalities. The sheer magnitude of the area to be served stretches
available resources. Law enforcement is based on responses to complaints more than on patrols of
the County, and the distances which must be traveled may delay all emergency responses, including
law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must
leave their jobs and families to respond to emergencies. County gravel roads, no matter how often
they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal
priorities mean that roads from subdivisions to arterials may not be cleared for several days after a
major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services.
Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and
open burning present real threats. Controlling children's activities is important, not only for their
safety, but also for the protection of the farmer's livelihood.
PC ITIAThAIN ifd)//3
Yes: Benjamin Hansford, Bret Elliott, Jason Maxey, Jordan Jemiola, Joyce Smock,
Berryman, Robert Grand.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR13-0028
13-0028
KERR-MCGEE GATHERING LLC
KIM OGLE
A SITE SPECIFIC DEVELOPMENT PLAN AND A SPECIAL REVIEW PERMIT
FOR MINERAL RESOURCE DEVELOPMENT, OIL AND GAS SUPPORT AND
SERVICE, INCLUDING OIL AND GAS PROCESSING FACILITIES AND
RELATED EQUIPMENT, INCLUDING, BUT NOT LIMITED TO, EIGHT (8)
COMPRESSORS ASSOCIATED WITH GAS PROCESSING OR WHICH
COMPRESS GAS TO ENTER A PIPELINE FOR TRANSPORT TO MARKET,
AND ONE (1) SEVENTY-FOOT IN HEIGHT COMMUNICATIONS TOWER IN
THE A (AGRICULTURAL) ZONE DISTRICT
PT NW4 SECTION 14, T2N, R67W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
SOUTH OF AND ADJACENT TO CR 22; 0.5 MILES WEST OF CR 23.
Kim Ogle, Planning Services, presented Case USR13-0028, reading the recommendation and comments
into the record. The Department of Planning Services recommends approval of this application with the
attached conditions of approval and development standards.
Jennifer Petrik, Public Works, reported on the existing traffic, access and drainage conditions and the
requirements on site.
Mary Evett, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan. Ms. Evett stated that Development Standard 9 should be
amended to replace "industrial" with the "non -specified" noise level.
Motion: Amend Development Standard 9 as stated by staff, Moved by Benjamin Hansford, Seconded
by Nick Berryman. Motion passed unanimously.
Nathan Keiser, Anadarko Petroleum, 1099 18th St, Denver Colorado, stated that this location fits in with
the rest of their gathering system and helps to reduce traffic in the area. The nearest inhabitable
structure is approximately 800 feet from this facility and they feel their noise abatement plan takes this
residence into consideration.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case USR13-0028 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Jordan Jemiola, Seconded by Benjamin Hansford.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Benjamin Hansford, Bret Elliott, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Nick
Berryman, Robert Grand.
The Chair called a recess at 2:58 pm and reconvened the hearing at 3:10 pm.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
USR13-0024
ROBERT EHRLICH, C/O JEFF CHILDS
DIANA AUNGST
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A KENNEL (75 DOG BOARDING KENNEL AND 25 DOGGIE DAY
CARE FOR A MAXIMUM OF 100 DOGS) AND ANY USE PERMITTED AS A
USE BY RIGHT, AN ACCESSORY USE, OR A USE BY SPECIAL REVIEW IN
THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS, (VETERINARY
CLINIC, DOG GROOMING, AND RETAIL SALES OF DOG FOOD, SUPPLIES,
AND TOYS), PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN
APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS PARTS OF A
MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS
CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT
LEGAL DESCRIPTION: PT W2N2N2NW4 SECTION 20, T3N, R68W OF THE 6TH P.M., WELD
COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 32; EAST OF AND ADJACENT TO CR 3.
Diana Aungst, Planning Services, presented Case USR13-0024, reading the recommendation and
comments into the record. Ms. Aungst noted that staff received 13 letters of opposition from surrounding
property owners. These letters cite concerns regarding traffic, noise, odors, compatibility and decreasing
property values. The Department of Planning Services recommends approval of this application with the
attached conditions of approval and development standards.
Jennifer Petrik, Public Works, reported on the existing traffic, access and drainage conditions and the
requirements on site.
Mary Evett, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Jeff Childs, 6425 Seaside Drive, Loveland, Colorado, stated that he is proposing a dog boarding facility
as well as his own residence on this 20 acre site. The facility will provide for 50 inside climate controlled
stalls for overnight boarding. Mr. Childs stated that the veterinary services provided will be for the general
health care and shots for the dogs. Any other care will need to go to a veterinary clinic. He added that
the building will be fully insulated to mitigate any noise issues. The dogs will have a run and play area
outside of the facility and there will be landscaping and fencing to mitigate the noise concerns. Mr. Childs
stated that there will be 24 hour supervision since he will be living on site. The dogs will be housed at
night as well as for a couple hours each day. He added that he will apply a kennel policy that if there is
continuous barking dog outside that the dog will be brought indoors. In addition, if a dog has
uncontrollable barking then he will ask the owner of the dog not to bring the dog back.
Mr. Childs sent a letter to the surrounding property owners on his proposal prior to submitting the land
use application. He indicated that he did not hear from anyone prior to submitting the land use
application; however after submitting the application he was notified of the letters that staff received. He
organized a neighborhood meeting on June 12th and added that the main concern was the noise issues
as well as decreasing property values. He researched a dog kennel by Boulder which is 0.5 miles away
from residential developments and added that their homes have continued to increase with the proximity
of the kennel. Mr. Childs said that this proposal is consistent with other surrounding land uses in the
area.
Commissioner Berryman asked how he determined the number of dogs on site. Mr. Childs said that there
will be 50 kennels and in the plan 25 percent of them will be double animals in each stall along with 25
dogs for daycare. Mr. Berryman asked if he could handle that number of dogs. Mr. Childs said that he is
confident that he could with the proposed number of employees. He added that he is making an
investment with this piece of land and needs to have that number to make it profitable.
Mr. Maxey referred to the veterinarian that will be on call and asked for clarification. Mr. Childs said he will
contract with a veterinarian to come to the site once a week or when needed for updated shots or if they
get sick. Any major illness or problems with the dog they will go to the veterinary clinic off site.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Cheryl Berthod, 14834 CR 3, Longmont, Colorado, stated that she lives adjacent to the south of the site.
She feels that this would be a negative impact to her property value and is concerned with the traffic and
noise. She said that Mr. Childs has done his due diligence and provided a good plan. Ms. Berthod said
that her property sits 15 to 20 feet above the proposed site and she will still hear the barking and look into
the kennels. She added that this is not a good fit in this environment.
5
Commissioner Maxey asked if the number of dogs were lowered if she would be more acceptable to this
proposal. She said that once the site is labeled as a dog kennel it wouldn't matter.
Candice Loving, 5137 Boulder, Colorado, stated that she is a real estate broker and buyer agency for Mr.
Childs. She stated that she lives next to the dog boarding facility in Boulder that Mr. Childs referred to.
She said that she started a spreadsheet identifying the price of the homes prior to the dog kennel with a
comparison after the dog kennel was established next to this residential development and the findings
were that the homes increased in value. Commissioner Berryman asked to give details with that dog
kennel in comparison to this proposal. Ms. Loving said that it is a nice facility with an outside area and
commented that she doesn't hear the dogs barking. She added that she didn't know the number of dogs
allowed at this facility.
Sally Greff, 14445 CR 3, provided written letters to the Planning Commission from two surrounding
property owners who could not attend today. She stated that she has lived in this area for 6 months and
chose to live here because of the proximity to Boulder, Longmont, and Denver and the beautiful views.
Ms. Greff stated that this is a great commercial plan and should be located in a commercial area. Ms.
Greff cited concerns regarding traffic, noise and waste removal. She said that several of the landowners
have invested in their property and are in threat of destroying that investment.
Commissioner Berryman asked if there were any changes that would make this proposal more palatable.
Ms. Greff said that at the neighborhood meeting they discussed flipping his residence to where more of
the residences are, however Mr. Childs said that it would not be feasible to move his residence.
Martha Schmauss stated she has lived there almost 23 years. They came from a city environment and
want the peaceful environment. She cited concerns with traffic and added that they currently have dust
and ruts in the road.
Commissioner Maxey asked if there is anything that would help mitigate these issues. Ms. Schmauss
said that traffic and dust is a big issue and doesn't want it to change.
Joanne Benedict, 14753 CR 3, stated that she bought this land in 1971 for the purpose of having a rural
area with raising pure Arabian horses. They now lease it out for cattle grazing. Her main concern is that
this is a commercial use in a rural area. She noted that County Road 3 will hold the traffic and referred to
a guaranty that the Weld County Commissioners made to Platte River Power Authority (PRPA) that this
would remain as a farm access only. Therefore they allowed PRPA to place power poles in the county
rig ht -of -way.
Commissioner Maxey asked if there was anything that could be mitigated. Ms. Benedict said that there
isn't and it is not an appropriate use.
Linda Lewis 14584 CR 3, stated that she has lived there for 42 years. She cited concerns with traffic,
dust, noise, waste and decrease in value. She added that they had planned to build a new home south of
their current one; however if this is approved it will remain vacant. Ms. Lewis said that there is no
mitigation that she would be comfortable with.
Lynn Lewis submitted written letters to the Planning Commission from two (2) surrounding property
owners. He asked the Commissioners to consider if they would live next to a dog kennel. Commissioner
Maxey asked how the dairy affects them. Mr. Lewis said the dairy is poorly managed and is a problem as
well.
Kermit Bohrer, 14761 CR 3, stated that he has lived there since 1985. He moved there because it was
nice and quiet. He concurred with the previous comments and concerns. In response to Commissioner
Maxey's inquiry, he is opposed to this use and doesn't believe there is anything to mitigate the concerns.
Carolyn Grande, 14696 CR 3, stated that most of the traffic will be going past their house. She is
concerned for her safety when walking her dogs and getting her mail. She asked to keep their rural
status. She echoed the previous concerns from her neighbors.
6
Ronald Grande, 14696 CR 3 stated that he is concerned with the traffic. He added that County Road 3 is
28 feet wide and not very well maintained.
Steve Cristanelli, 14601 CR 3, stated that he shares all the same concerns as his neighbors. His biggest
concern is traffic safety. He added that County Road 3 and Highway 66 carry a lot of traffic and has
experienced many traffic hazards.
The Chair called a recess at 4:45 pm and reconvened at 4:51 pm.
Mr. Childs stated that he appreciated the comments and went through many of the same issues at the
neighborhood meeting. He feels that he has taken these concerns and mitigated these through noise
abatement. He agrees that traffic coming from Highway 66 is difficult and is dangerous. He said that it is
safer to come down County Road 5 and that is the route he will try to enforce his clients to use. If a
vendor is not complying with the traffic flow he will not allow them to use the facility. The retail component
is not a profitable component but rather a convenience to the clients.
Mr. Childs said that if he does not purchase this property the owner mentioned developing it for 25
homes. He said that this development will increase the traffic and they will have dogs outside
unsupervised and have uncontrolled barking.
He designed the placement of the buildings to be furthest away from the nearest residences. He stated
that the fire department is concerned that if the facility was moved to the east that they could not provide
fire protection. A new fire hydrant will be installed that will benefit the entire neighborhood. He is
confident that he can control the noise and odor and that it will remain an agricultural neighborhood.
Commissioner Berryman said that they have heard that this is a commercial business in an agricultural
neighborhood and asked why he chose this area. Mr. Childs said that it is tough to find land for sale and
added that he has done a lot of research. This site came up for sale and the acreage was the right size
for a barrier between the houses. Mr. Berryman referred to the Town of Mead's comments and asked if
he had any comments. Mr. Childs said he has not talked with them but clarified that he will not have any
outside kennels since they will all be indoors.
Commissioner Smock asked where he has determined the area of where he will draw from. Mr. Childs
said the marketing plan is a 10 mile radius of the facility and anyone along the 1-25 area. He will market
the 1-25 people as well as Mead and Longmont.
The Chair asked the applicant if he has read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that he is in agreement.
Commissioner Hansford commented that property values being affected by this dog kennel are in the eye
of the beholder. He said there is a kennel located two (2) blocks from his residence and he never hears
dogs from that kennel. Additionally, they have no problems with odor or traffic. He stated that it is
located in a housing development in an agricultural area.
Commissioner Grand said that he is concerned with safety from Highway 66 and County Road 3 but
doesn't know if he can decide on that as the sole issue. He said that the applicant has a strong, well
thought out plan and appears to be concerned with his neighbors' comments. He said that this is a tough
issue.
Commissioner Elliott understands everyone's concerns. He said that with living in the country you need
to understand that these types of operations will locate there. He added that if it is well operated it is an
asset rather than a liability.
Motion: Forward Case USR13-0024 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Robert Grand, Seconded by Benjamin Hansford.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Benjamin Hansford, Bret Elliott, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Nick
Berryman, Robert Grand.
7
RESOLUTION USR13-0024
ROBERT EHRLICH, 0/O JEFF CHILDS
PAGE 6
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Kristine Ranslem, 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 July 2, 2013.
Dated the 2nd of July, 2013.
43\abbne,
Kristine Ranslem
Secretary
Digitally signed by Kristine
Ranslem
Date: 2013.07.09 11:38:41 -0600'
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