HomeMy WebLinkAbout20102257.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
• 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: AmUSR-1218
APPLICANT: Gail&Charles Schnuerle
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Amended Use by Special Review Permit
for one (1) Single Family Dwelling Unit(manager/caretaker's residence) per lot
other than those permitted under Section 23-3-20.A of the Weld County Code
and an ongoing Home Business(storage units and RV parking) in the A
(Agricultural)Zone District.
LEGAL DESCRIPTION: Lot A RE-1401; Part E2NE4 of Section 12, T5N, R67W of the 6th P.M.,Weld
County, Colorado.
LOCATION: West of and adjacent to 959"Avenue; south of Business Route State Hwy 34
(Tenth Street).
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 22-2-100.A.C.Goal 1. 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. The
existing storage units, residence and outbuildings are located in an enclave to the City of
Greeley. Section 22-2-90.E. C.Goal 5 states: "minimize the incompatibilities that occur
between commercial uses and surround properties." The site has mature landscaping and is
neatly tended. There is the primary residence and several outbuildings. The existing 180
storage unit facility is fenced and gated with healthy landscape treatment to soften the visual
impacts. This proposal seeks to add outdoor vehicle storage and to convert one outbuilding
into a caretaker's residence and office. Development Standards and Conditions of Approval
will ensure that the proposed use will be compatible with the vicinity. The property is serviced
by City of Greeley Water and an Individual Sewage Disposal System.
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.O and 23-3-40.L of the Weld County Code provides for a Site
Specific Development Plan and a Special Review Permit fora Home Business(Recreational
Vehicle and Indoor Storage Units) and one single family dwelling unit per lot(second home
on the property) in the Agricultural Zone Districts.
C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses. The surrounding property is primarily agricultural in nature with a few
homes in close proximity. There are four parcels within 500 feet of the property, with one
residence in proximity to the northeast. No comments have been received from the
surrounding property owners. Conditions of Approval and Development Standards will
ensure compatibility with the surrounding area.
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 three miles of the Town of Evans, Town of Milliken,
EXHIBIT
2010-2257 g
4 Y�R t3-1S
Resolution AmUSR-1218
Gail&Charles Schnuerle
Page 2
• Town of Windsor and the City of Greeley. The City of Greeley returned a referral indicating
concerns with compliance with water delivery which have been addressed in Condition of
approval 1.E, the Towns of Evans, Milliken and Windsor did not return a referral.
E. Section 23-2-220.A.5 --The site does not lie within any Overlay Districts.
Effective January 1, 2003, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11)
Effective August 1, 2005, Building permits issued on the subject site will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40)
F. Section 23-2-220.A.7 -- 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 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 address the requirements of the Department of Public Works,as stated in
the referral response dated July 19, 2010. Written evidence of such from the Department of
• Public Works shall be submitted in writing to the Department of Planning Services.
(Department of Planning Services)
B. The applicant shall address the City of Greeley, Engineering Department requirements, as
stated in the referral response dated July 16, 2010. Written evidence of approval from the
City of Greeley, Engineering Department shall be submitted in writing to the Department of
Planning Services. (Department of Planning Services)
C. The applicant shall submit a waste handling plan, for approval, to the Environmental Health
Services Division of the Weld County Department of Public Health&Environment. Evidence
of approval by the Department of Public Health and Environment shall be provided to the
Department of Planning Services. The plan shall include at a minimum, the following:
1) A list of wastes which are expected to be generated on site (this should include
expected volumes and types of waste generated).
2) A list of the type and volume of chemicals expected to be stored on site.
3) The waste handler and facility where the waste will be disposed(including the facility
name, address, and phone number). (Department of Public Health and
Environment)
D. The applicant must describe, in detail, the storm water drainage on the property. Per the
Weld County Code, a water quality depression may be required. Please contact Public Works
for more information and for assistance in sizing the feature. (Department of Public Works)
E. The applicant shall submit three (3) paper copies of the plat for preliminary approval to the
• Weld County Department of Planning Services. (Department of Planning Services)
F. The plat shall be amended to delineate the following:
Resolution AmUSR-1218
Gail & Charles Schnuerle
Page 3
• 1. All sheets of the plat shall be labeled AmUSR-1218. (Department of Planning
Services)
2. The attached Development Standards. (Department of Planning Services)
3. Off street parking spaces including the access drive(s)shall be surfaced with gravel
or the equivalent and shall be graded to prevent drainage problems. (Department of
Planning Services)
4. County Road 29 (95th Avenue) is under the City of Greeley's jurisdiction. Access
requirements will be addressed by the City of Greeley. The applicant shall verify and
delineate on the plat the existing right-of-way and the documents creating the right-
of-way. (Department of Public Works)
5. The applicant shall utilize the existing accesses to this parcel. All points of ingress
and egress must be shown on the plat. (Department of Public Works)
6. The approved Landscape and Screening Plan. (Department of Planning Services)
7. The revised Circulation Plan. (Department of Planning Services)
8. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
G. Prior to the issuance of the Certificate of Occupancy:
1. The applicant shall submit evidence that Septic Permit SP-1000069 has received
• final approval from Environmental Health Services, Weld County Department of
Public Health & Environment. Evidence of approval by the Department of Public
Health and Environment shall be provided to the Department of Planning Services.
(Department of Public Health and the Environment
2 Upon completion of 1. above 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 Department of Planning Services' Staff. 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 sixty (60) 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 2006-7 approved June 1, 2006, should the plat not
be recorded within the required sixty (60) days from the date the Board of County Commissioners
resolution a $50.00 recording continuance charge shall added for each additional 3 month period.
4. The Department of Planning Services respectively requests the surveyor provide a digital copy of this
Use by Special Review. Acceptable CAD formats are.dwg, .dxf, and .dgn(Microstation);acceptable
GIS formats are ArcView shapefiles,Arclnfo Coverages and Arclnfo Export files format type is .e00.
The preferred format for Images is.tif(Group 4). (Group 6 is not acceptable). This digital file may be
sent to mapsco.weld.co.us. (Department of Planning Services)
5. 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)
•
Resolution AmUSR-1218
Gail &Charles Schnuerle
Page 4
• Motion seconded by Nick Berryman.
VOTE:
For Passage Against Passage Absent
Robert Grand
Bill Hall
Tom Holton
Alexander Zauder
Erich Ehrlich
Roy Spitzer
Mark Lawley
Nick Berryman
Jason Maxey
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 September 7, 2010.
Dated the 7th of September, 2010.
4/ r //Wn
Kristine Ranslem
Secretary
•
SITE SPECIFIC DEVELOPMENT PLAN
AMENDED SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
• Charles and Gail Schnuerle
AmUSR-1218
A Site Specific Development Plan and an Amended Special Review Permit for one(1)Single Family
Dwelling Unit(Manager/Caretaker's Residence)per Lot other than those permitted under Section 23-
3-20 A and an ongoing Home Business (Recreational Vehicle Parking and Indoor Storage Units) in
the A (Agricultural) Zone District 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 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. The number of employees shall be limited to two (2). (Department of Planning Services)
4. The hours of operation are 24 hours 7 days a week for the parking and storage units. (Department of
Planning Services)
5. The hours of operation for the office are 8:00AM to 6:00PM daily. (Department of Planning Services)
6. The second home shall be for an employee related to the business on the property. (Department of
Planning Services)
7. 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 and the
Environment)
• 8. 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 and the
Environment)
9. 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. (Department
of Public Health and the Environment)
10. The applicant shall operate in accordance with the approved "waste handling plan", at all times.
(Department of Public Health and the Environment)
11. Fugitive dust and fugitive particulate emissions shall be controlled on this site. A dust suppressant
shall be placed on the driveways, parking areas and loading zones to control any dust problems.
(Department of Public Health and the Environment)
12. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as
delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and the
Environment)
13. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the facility,
at all times. (Department of Public Health and the Environment)
14. Sewage disposal 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 and the Environment)
15. The facility shall utilize the existing public water supply. (City of Greeley)(Department of Public Health
• and the Environment)
16. 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 and the Environment)
Resolution AmUSR-1218
Gail&Charles Schnuerle
Page 6
• 17. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee
structure of the Weld County Road Impact Program. (Ordinance 2002-11)(Department of Planning
Services)
18. Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the
fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee.
(Ordinance 2005-8 Section 5-8-40) (Department of Planning Services)
19. The applicant shall adhere to the approved Lighting Plan. (Department of Planning Services)
20. Any lighting used to illuminate the storage area, the parking area, outside activity area, sign or their
structure shall be arranged as to deflect light away from adjoining residential zone and from public
roads. 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 the beams or rays of light will not shine
directly onto adjacent properties; neither the direct nor reflected light from any source may create a
traffic hazard to operators of motor vehicles on public or private streets. (Department of Planning
Services)
21. The southern portion of the existing storage units shall accommodate a 25-foot driving lane to provide
adequate circulation. Dead end streets (Not cul-de-sacs) shall not be permitted. (Department of
Planning Services)
22. A dust suppressant shall be placed on the driveways, parking area and loading zones to control any
dust problems. (Department of Planning Services)
23. The storage buildings must be painted with an earth-tone color, approved by the Weld County
Department of Planning Services, to blend in with the landscaping. The structures must be kept in
• good repair at all times. (Department of Planning Services)
24. All items within the storage unit area must be stored within the structures at all times. No outdoor
storage will be allowed in the storage unit area. (Department of Planning Services)
25. Should a complaint be received, staff will review and determine the validity of the complaint. If the
complaint is valid,the property owner must construct an opaque fence within sixty(60)days to screen
the outside storage of vehicles from adjacent properties and public rights-of-way. (Department of
Planning Services)
26. The applicant shall adhere to the approved Landscape and Screening Plan.(Department of Planning
Services)
27. A trash receptacle must be provided for the public and must be screened from all adjacent properties
and public rights-of-way. (Department of Planning Services)
28. No maintenance of stored vehicles will occur on site. (Department of Planning Services)
29. 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)
30. 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. All vegetation,other than grasses, needs to be
maintained at a maximum height of 12 inches until the area is completely developed. (Department of
• Public Works)
31. A separate building permit shall be obtained prior to the construction of new structures,change of use
or additions to structures. (Department of Building Inspection)
Resolution AmUSR-1218
Gail &Charles Schnuerle
Page 7
• 32. A plan review is required for each unit for which a building permit is required. Two complete sets of
plans are required when applying for each permit. Plans shall bear the wet stamp of a Colorado
registered Architect or Engineer. Include a Code Analysis Data sheet for the Weld County Building
Department with each building permit. (Department of Building Inspection)
33. Buildings shall conform to the requirements of the various codes adopted at the time of the permit
application. Currently the following has been adopted by Weld County: 2006 International Building
Code; 2006 International Mechanical Code; 2006 International Plumbing Code; 2006 International
Fuel Gas Code; 2006 International Energy Code; 2008 NEC; 2003 International ANSI 117.1
Accessibility Code and Chapter 29 of the Weld County Code. (Department of Building Inspection)
34. Buildings shall conform to the requirements of the various codes adopted at the time of permit
application. (Department of Building Inspection)
35. All building plans shall be submitted to Windsor-Severance Fire Protection District for review and
approval prior to issue of Building Permits. (Department of Building Inspection)
36. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
37. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
38. Personnel from the Weld County Government 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 herein and all applicable Weld County regulations.
• 39. The 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.
40. 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.
41. 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
Resolution AmUSR-1218
Gail & Charles Schnuerle
Page 8
• 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.
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.
•
•
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are addressed through the conditions of approval and/or development standards. No referral comments were
received from the Federal Aviation Administration, Federal Communication Commission and the Platte Valley
• Fire Protection District.
The site is located within the three mile referral for the Town of Kersey. The Town of Kersey indicated no
conflict with their interests.
The Department of Planning Services recommends approval of this application with the attached development
standards and conditions of approval.
Rick Baily, Viaero Wireless, Ft. Morgan CO, commented that they are trying to better enhance the
telecommunications in rural Weld County.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Mr. Gathman stated that Development Standard 14 needs to be amended to read"All building plans shall be
submitted to the Platte Valley Fire Protection District for review and approval prior to issue of building permits".
Mark Lawley moved to amend Development Standard 14 as requested, seconded by Robert Grand. Motion
carried.
The Chair asked the applicant if they read through the amended Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Robert Grand moved that Case USR-1749 be forwarded to the Board of County Commissioners along with the
amended Conditions of Approval and Development Standards with the Planning Commission's
recommendation of approval, seconded by Erich Ehrlich.
• The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman,yes; Erich Ehrlich, yes; Robert Grand,yes; Bill Hall,absent;Alexander Zauder,yes;Jason Maxey,
yes; Roy Spitzer, yes; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously.
The Chair read the next case into record.
CASE NUMBER: AmUSR-1218
APPLICANT: Gail& Charles Schnuerle
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Amended Use by Special Review Permit
for one (1) Single Family Dwelling Unit(manager/caretaker's residence) per lot
other than those permitted under Section 23-3-20.A of the Weld County Code
and an ongoing Home Business(storage units and RV parking) in the A
(Agricultural)Zone District.
LEGAL DESCRIPTION: Lot A RE-1401; Part E2NE4 of Section 12,T5N, R67W of the 6th P.M.,Weld
County, Colorado.
LOCATION: West of and adjacent to 95`h Avenue; south of Business Route State Hwy 34
(Tenth Street).
Kim Ogle, Planning Services, stated that this application was originally approved on May 12, 1999 for a 180
unit indoor storage facility. This amendment seeks to add outdoor vehicle storage and to convert one
outbuilding into a caretaker's residence and office.
The site is located within the three mile referral area for the Towns of Evans,Milliken,Windsor and the City of
Greeley. The City of Greeley responded indicating concerns of compliance with water delivery. This has been
addressed through Condition of Approval 1.E. The Towns of Evans, Milliken, and Windsor did not return a
referral.
• There are four parcels within 500 feet of the property and one residence in close proximity to the northeast.
There have been no comments received from surrounding property owners.
EXHIBIT
v
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Surrounding property is primarily agricultural in nature with one home in close proximity. The property is
surrounded by the City of Greeley and is considered an enclave.
• Thirteen referral agencies reviewed the case;four offered comments, some with specific conditions and have
been incorporated into the conditions of approval and development standards. No letters or phone calls have
been received.
The Department of Planning Services recommends approval of this application with the attached conditions of
approval and development standards.
Mr. Ogle added that Condition of Approval LC has been met to the satisfaction of Environmental Health and
can be deleted.
Heidi Hansen, Public Works, commented that the applicant may be requesting a waiver from the water quality
feature that is required. She added that a new mini storage site would require a full detention and drainage
design; however Section 8-11-30.17 of the Weld County Code states that no stormwater detention shall be
required for redevelopment of a commercial and industrial site where the change of use does not increase the
imperviousness of the site; however, water quality shall be required.
Mark Lawley moved to delete Condition of Approval 1.C, seconded by Erich Ehrlich. Motion carried.
Lauren Light, Environmental Health, commented that the water is provided by the City of Greeley. There are
two septic permits for this property. One system is sized for the existing home,which was upgraded in 1999,
and it allows for 180 storage units. There is another permit for the manager/caretaker's residence and Ms.
Light stated that she will be performing the final inspection tomorrow on that system. No Dust Abatement Plan
is required because there is a development standard in the original USR which requires a dust suppressant if
needed. A Waste Handling Plan is required.
Julie Cozad,Tetra Tech, 1900 S Sunset Street, Suite 1 F, Longmont CO, stated that she is the representative
• for the applicants, Gail and Chuck Schnuerle. Ms. Cozad stated that the original USR was approved on May
12, 1999 and at that time they built the first few units and a couple of years later they built the remaining three
units. A new septic system was installed for a customer restroom. In addition,they planted the majority of the
landscaping as well. They had received approval of the drainage on the property in 1999. At that time a
Drainage Statement was required and the drainage was all put into place according to the plans.
Ms. Cozad stated that the mature deciduous trees that are on the property provide an appropriate screen from
the RVs. In addition, the property has some elevation differences. She added that currently the properties
around the Schnuerle property are farm fields.
With regard to the drainage issue, Ms. Cozad understands from a previous discussion prior to the meeting
that she believes the water quality feature is reasonable and will meet with the Public Works staff prior to
Board of County Commissioners hearing.
Ms. Cozad believes that there is adequate landscaping and screening at this point. She offered a suggestion
that in the future additional screening may be required if there is a complaint from an adjacent property owner
or if the properties that are adjacent develop.
Mr. Ogle added that the Code requires screening of outside storage from adjacent properties and public
rights-of-way; however staff has not received any complaints on this property.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Commissioner Grand said that the applicant stated that they would provide additional screening if there are
any complaints and asked if the language can be revised in the development standards.
• Mr. Ogle suggested adding a Development Standard stating"Should a complaint be received,staff will review
and determine the validity of the complaint. If the complaint is valid, the property owner must construct an
3
opaque fence within sixty (60) days to screen the outside storage of vehicles from adjacent properties and
public rights-of-way."
• Robert Grand moved to add Development Standard 25 as stated by staff and renumber accordingly,seconded
by Alexander Zauder. Motion carried.
Jason Maxey moved to delete Condition of Approval 1.A, seconded by Robert Grand. Motion carried.
The Chair asked the applicant if they read through the amended Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Robert Grand moved that Case AmUSR-1218 be forwarded to the Board of County Commissioners along with
the amended Conditions of Approval and Development Standards with the Planning Commission's
recommendation of approval, seconded by Nick Berryman.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman,yes; Erich Ehrlich,yes; Robert Grand,yes; Bill Hall, absent;Alexander Zauder, yes; Jason Maxey,
yes; Roy Spitzer, yes; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously.
CASE NUMBER: USR-1748
APPLICANT: Russell &Patricia Compton
PLANNER: Michelle Martin
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a
Kennel (to accommodate 25 dogs and 3 cats)in the A(Agricultural)Zone
District.
LEGAL DESCRIPTION: Lot A RE-4021 being part of NW4 of Section 9,T3N, R66W of the 6th P.M.,
Weld County, Colorado.
LOCATION: South of CR 36 and approximately 1/2 mile east of CR 29.
Michelle Martin, Planning Services, commented that the applicant has applied for a Site Specific Development
• Plan and a Special Review Permit for a kennel (to accommodate 25 dogs and 3 cats), in the A(Agricultural)
Zone District.
The surrounding property to the north,south, east and west are zoned agricultural with single family homes in
the area. The property is located within the three mile referral area for the Towns of Gilcrest and Platteville.
Both towns indicated in their referrals no conflicts with the proposed development. No comments have been
received from the surrounding property owners and the applicants have indicated they will continue to house
their dogs at night. Therefore, given the minimal impact of the proposed use 25 dogs and 3 cats, the use will
be compatible with the surrounding land uses.
Currently, the property is in violation (ZCV10-00023) for the additional household pets without an approved
and recorded Use by Special Review permit(USR).
Lauren Light, Environmental Health, stated that water is supplied by Central Weld County Water District and
added that they are fine with the use of the tap for the kennel business. The existing septic at the house is
sized for six (6) people so if they use that for clients or the kennel and it exceeds six(6) people then it would
need to be reviewed by an engineer. Ms. Light stated that she included it in the development standards rather
than a condition of approval because right now there are not a lot of people coming in and out of their facility;
therefore this will just put them on notice.
The applicant did submit a PACFA license from the Department of Agriculture. In addition, the applicant has
also submitted Dust Abatement and Waste Handling Plans. Noise is restricted to the non-specified level. Ms.
Light stated that there are no concerns with this request.
Heidi Hansen, Public Works, stated that the applicant is using the existing access from County Road 36,
which is a local, gravel road. The applicant has also identified an existing low, grassy point that they will utilize
for their water quality feature.
• Patricia Compton stated that they will have 25 or less adult dogs on the property and added that they raise
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