HomeMy WebLinkAbout20220501.tiffEXHIBIT
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Sam Gluck, 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:
A. CASE NUMBER: USR21-0021
APPLICANT: JOHN AND MEGAN SCHRIEFER
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A BOARDING KENNEL LIMITED TO TWENTY (20) DOGS OVER
THE AGE OF SIX (6) MONTHS AND CANINE OBEDIENCE CLASSES IN
SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: LOT 10 PINNACLE PARK 2ND FILING, BEING PART OF SECTION 14, T6N, R66W
OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO LONGS PEAK ROAD, APPROXIMATELY 1100 -
FEET WEST OF CR 35, APPROXIMATELY 425 -FEET NORTH OF STATE
HIGHWAY 392.
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 22-2-10.B. states: "Respecting Private Property Rights. One of the basic principles upon
which the United States was founded is the right of citizens to own and utilize property so long as that
use complies with local regulations and does not interfere with or infringe upon the rights of others."
The request to utilize the residential platted parcel located on non -agriculturally productive land for a
dog training facility and small kennel, as well as on -going residential use, is in line with this section of
the Comprehensive Plan. The property owner's business will comply with local regulations and does
not appear to interfere with or infringe upon the rights of others.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone
District.
Section 22-2-10. B states, "Agriculture in the County is considered a valuable resource which must be
protected from adverse impacts resulting from uncontrolled and undirected business, industrial and
residential land uses. The A (Agricultural) Zone District is established to maintain and promote
agriculture as an essential feature of the county. The A (Agricultural) Zone District is intended to
provide areas for the conduct of agricultural activities and activities related to agriculture and
agricultural production, and for areas for natural resource extraction and energy development, without
the interference of other, incompatible land uses.
This code section in essence supports the proposed USR application, as the proposed operation is
controlled and does not interfere with agricultural activities or other use by right activities. Weld
County Code Section 23-3-40.N allows for kenneling, dog school and supporting activities for more
than four (4) dogs with approval of a Special Use Permit.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The surrounding land uses of the site include rural residential properties on platted lots and recorded
exemption lots adjacent to the Greeley No. 2 canal to the south. The proposed use of the site will be
to maintain the current residential use and add the additional use of Canine Training and Kenneling
facility offering classes in the evenings until 8:30 PM with kennel hours restricted to three (3) hours in
RESOLUTION USR21-0021
JOHN AND MEGAN SCHRIEFER
PAGE 2
the morning and three (3) hours in the late afternoon Dog training will occur in and outdoors weather
permitting and kenneling occurs in a proposed 3,500 SF building that will also have an office and
lavatory The family running the business will remain living on the property, as it is their home
The property owner / applicant held an open house in August 2021 for neighbors, with four (4)
neighbors attending As part of the application four (4) of the neighbors wrote letters of support, and
more than ten (10) of her current clients also wrote favorable recommendations of support for both
the owner / applicant and the proposed facility
Weld County Department of Planning Services staff sent notice to seventeen (17) surrounding
property owners within 500 feet of the proposed USR boundary No written correspondence or
telephone calls were received
The proposed use is in an area that can support this development and the proposed screening,
Development Standards, and Conditions of Approval will assist in mitigating the impacts of the facility
on adjacent properties and ensure compatibility with surrounding land uses and region
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 (3) mile referral area of City of Greeley and Town of Eaton The
City of Greeley in their referral dated November 24, 2021 and the Town of Eaton in their referral
dated November 23, 2021 indicated that they have no concerns The property is not within a
Coordinated Planning Agreement Area or an Intergovernmental Agreement Area
E Section 23-2-220 A 5 -- The application complies with Chapter 23, Articles V and XI, of the Weld
County Code
The property is not within the Geologic Hazard Overlay District, Agricultural Heritage Overlay
District, Airport Overlay District, Special Flood Hazard Area, the Municipal Separate Storm Sewer
Systems (MS4) defined boundary or the Historic Townsites Overlay Districts Building Permits
issued on the property will be required to adhere to the fee structure of the County -Wide Road
Impact Fee Program, County Facility Fee and Drainage Impact Fee Programs
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 proposal is located on a 2 75 acre platted subdivision lot therefore no prime agricultural land is
affected by this proposal
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 map
A The applicant shall acknowledge the requirements of the New Cache La Poudre Irrigating Company
RESOLUTION USR21-0021
JOHN AND MEGAN SCHRIEFER
PAGE 3
(Greeley No 2), referral dated December 16, 2021 Written evidence of such shall be submitted, in
writing, to the Weld County Department of Planning Services (Department of Planning Services)
B A Lighting Plan shall be submitted to and approved by the Department of Planning Services, if using
outdoor lighting for evening classes (Department of Planning Services)
C A Screening /Fencing plan to address the outdoor areas for the dogs with a timeline for construction/
installation shall be submitted to and approved by the Department of Planning Services (Department
of Planning Services)
D The Colorado Department of Transportation (CDOT) has jurisdiction over all accesses to the state
highways Please contact CDOT to verify the access permit or for any additional requirement that
may be needed to obtain or upgrade the permit, if applicable (Department of Planning Services)
E The applicant shall submit a Noise Management plan to address the barking of dogs when classes
are held in an outdoor venue to the Department of Planning Services for review and acceptance
(Department of Planning Services)
F The map shall be amended to delineate the following
1 All sheets of the map shall be labeled USR21-0021 (Department of Planning Services)
2 The attached Development Standards (Department of Planning Services)
3 The map shall be prepared in accordance with Section 23-2-260 D of the Weld County Code
(Department of Planning Services)
4 The applicant shall delineate on the map the trash collection areas Section 23-2-240 A 13 of the
Weld County Code addresses the issue of trash collection areas (Department of Planning
Services)
5 The map shall delineate the landscaping in accordance with the approved Landscape Plan
(Department of Planning Services)
6 The map shall delineate the onsite lighting in accordance with the approved Lighting Plan
(Department of Planning Services)
7 All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2 of the
Weld County Code (Department of Planning Services)
8 The map shall delineate the parking area for the vendors, customers and/or employees
(Department of Planning Services)
9 Longs Peak Drive is a paved road and is designated on the Weld County Functional
Classification Map as a local road which requires 60 feet of right-of-way at full buildout The
applicant shall delineate and label on the site map or plat the future and existing right-of-way
(along with the documents creating the existing right-of-way) and the physical location of the
road All setbacks shall be measured from the edge of right-of-way This road is maintained by
Weld County (Development Review)
10 Show and label the approved access locations, approved access width and the appropriate turning
radii on the site plan The applicant must obtain an access permit in the approved locations prior
tooperation (Development Review)
11 Show and label the drainage flow arrows (Development Review)
12 Show and label the parking and traffic circulation flow arrows showing how the traffic moves
RESOLUTION USR21-0021
JOHN AND MEGAN SCHRIEFER
PAGE 4
around the property (Development Review)
2 Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic
copy ( pdf) of the map for preliminary approval to the Weld County Department of Planning Services
Upon approval of the map the applicant shall submit a Mylar map along with all other documentation
required as Conditions of Approval The Mylar map shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of Planning Services The map shall be prepared in
accordance with the requirements of Section 23-2-260 D of the Weld County Code The Mylar map
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 be added for each
additional three (3) month period (Department of Planning Services)
4 The Use by Special Review Permit is not perfected until the Conditions of Approval are completed
and the map is recorded 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 or the applicant has been approved for an early release agreement
(Department of Planning Services)
Motion seconded by Michael Palizzi
VOTE
For Passage Against Passage Absent
Tom Cope
Lonnie Ford
Elijah Hatch
Skip Holland
Sam Gluck
Pamela Edens
Michael Palizzi
Butch White
Michael Wailes
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 Commissioners for further proceedings
CERTIFICATION OF COPY
I, Michelle Wall, 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 1, 2022
Dated the 15' day of February, 2022
Michelle Wall
Secretary
RESOLUTION USR21-0021
JOHN AND MEGAN SCHRIEFER
PAGE 5
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Megan and John Schaeffer
High Plains K-9 Connections
USR21-0021
I A Site Specific Development Plan and Use by Special Review Permit for a Boarding Kennel limited to
twenty (20) dogs over the age of six (6) months and canine obedience classes in subdivisions in the A
(Agricultural) Zone District, 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 hours of operation for the Boarding Kennel are 24 hours/day All kennel animals shall be kept
indoors between 7 00 PM and 7 00 AM (Department of Planning Services)
4 The kennel component is an option for Clients to board their dog in order to receive one-on-one
obedience training while being boarded The kennel is not proposed to be a vacation boarding facility
for Owners to use while on their holidays
5 The hours of operation for the office are 8 00 AM to 5 00 PM daily (Department of Planning Services)
6 The hours of operation for the group canine obedience classes are from 5 00 PM to 8 30 PM Monday —
Saturday (Department of Planning Services)
7 The number of full-time employees shall be up to two (2), in addition to the property owners (Department
of Planning Services)
8 The parking area on the site shall be maintained (Department of Planning Services)
9 All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code (Department of
Planning Services)
10 The existing and proposed landscaping and screening on the site shall be maintained in accordance with
the accepted Landscape & Screening Plan (Department of Planning Services)
11 The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to
Chapter 15, Article I and II, of the Weld County Code (Development Review)
12 The access to the site shall be maintained to mitigate any impacts to the public road, including damages
and/or off -site tracking (Development Review)
13 There shall be no parking or staging of vehicles on public roads On -site parking shall be utilized
(Development Review)
14 Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquirean
approved Right -of -Way Use Permit prior to commencement (Development Review)
15 The historical flow patterns and runoff amounts on the site will be maintained (Development Review)
16 All liquid and solid wastes (as defined in the Solid Wastes Disposal Sitesand Facilities Act, 30-20-100 5,
C R S) shall be stored and removed for final disposal in a manner that protects against surface and
groundwater contamination (Department of Public Health and Environment)
RESOLUTION USR21-0021
JOHN AND MEGAN SCHRIEFER
PAGE 6
17 No permanent disposal of wastes shall be permitted at this site This is not meant to include those
wastes specifically excluded from the definitionof a solid waste in the Solid Wastes Disposal Sites and
Facilities Act, 30-20-100 5, C R S (Department of Public Health and Environment)
18 Waste materials shall be handled, stored, and disposed in a manner thatcontrols fugitive dust, fugitive
particulate emissions, blowing debris, and other potential nuisance conditions The applicant shall
operate in accordance with Chapter 14, Article 1 of the Weld County Code The accepted waste handling
plan shall be adhered to (Department of Public Health and Environment)
19 Fugitive dust should attempt to be confined on the property Uses on theproperty should comply with the
Colorado Air Quality Commission's air quality regulations The accepted dust abatement plan shall be
adhered to (Department of Public Health and Environment)
20 The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as
delineated in 25-12-103 C R S (Department of Public Health and Environment)
21 The applicants shall comply with all applicable rules and regulations of theColorado Department of
Agriculture (CDA), Division of Animal Industry (Department of Public Health and Environment)
22 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 (Department of Public Health and
Environment)
23 Adequate drinking, hand washing, and toilet facilities shall be provided foremployees and patrons of the
facility The facility shall utilize the existing public water supply, as required (North Weld County Water
District) (Department of Public Health and Environment)
24 Any On -site Wastewater Treatment System located on the property mustcomply with all provisions of the
Weld County Code, pertaining to On-siteWastewater Treatment Systems (Department of Public Health
and Environment)
25 In the event the applicant intends to utilize the existing on -site wastewatertreatment system (GI 9722139)
for business use, the on -site wastewater treatment system shall be 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 theproposed hydraulic load The review shall be submitted to the
Environmental Health Services Division of the Weld County Department of Public Health and
Environment In the event the system is found to be inadequately sized or constructed the system shall
be brought into compliance with current Regulations (Department of Public Health and Environment)
26 For employees or patrons on site for less than 2 consecutive hours a day, and 2 or less full-time
employees on site, portable toilets and bottled waterare acceptable Records of maintenance and proper
disposal for portable toilets shall be retained on a quarterly basis and available for review by the Weld
County Department of Public Health and Environment Portable toilets shall be serviced by a cleaner
licensed in Weld County, contain hand sanitizers and be screened from public view (Department of
Public Health and Environment)
27 The operation shall comply with all applicable rules and regulations of State and Federal agencies and
the Weld County Code (Department of Public Health and Environment)
28 Lighting shall be maintained in accordance with the approved Lighting Plan (Department of Planning
Services)
29 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)
RESOLUTION USR21-0021
JOHN AND MEGAN SCHRIEFER
{PAGE 7
i
!30 Building permits shall be required for any new construction or set up manufactured structure, per Section
29-3-10 of the Weld County Code A building permit application must be completed and submitted
Buildings and structures shall conform to the requirements of the various codes adopted at the time of
permit application Currently, the following have been adopted by Weld County 2018 International
Building Codes, 2018 International Residential Code, 2020 International Energy Code, 2017 National
Electrical 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)
31 The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code
32 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
33 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
34 USR21-0021 for a Boarding Kennel limited to twenty (20) dogs over the age of six (6) months and canine
obedience classes in subdivisions in the A (Agricultural) Zone District is non-transferrable and the
permit shall expire upon conveyance of the property to a new owner
35 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
36 Construction or use pursuant to approval of a Use by Special Review Permit shall be commenced within
three (3) years from the date of approval, unless otherwise specified by the Board of County
Commissioners when issuing the original Permit, or the Permit shall be vacated The Director of Planning
Services may grant an extension of time, for good cause shown, upon a written request by the landowner
This Use by Special Review shall terminate when the use is discontinued for a period of three (3)
consecutive years, the use of the land changes or the time period established by the Board of County
Commissioners through the approval process expires The landowner may notify the Department of
Planning Services of a termination of the use, or Planning Services staff may observe that the use has
been terminated When either the Department of Planning Services is notified by the landowner, or when
the Department of Planning Services observes that the use may have been terminated, the Planner shall
send certified written notice to the landowner asking that the landowner request to vacate the Use by
Special Review Permit
RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT Weld County has some of the most
abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal
Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a)the state's
commercial mineral deposits are essential to the state's economy, (b) the populous counties of the state
face a critical shortage of such deposits, and (c) such deposits should be extracted according to a rational
plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology
and quality of life of the citizens of the populous counties of the state
Mineral resource locations are widespread throughout the County and persons moving into these areas
must recognize the various impacts associated with this development Often times, mineral resource
sites are fixed to their geographical and geophysical locations Moreover, these resources are protected
RESOLUTION USR21-0021
JOHN AND MEGAN SCHRIEFER
PAGE 8
property rights and mineral owners should be afforded the opportunity to extract the mineral resource
39 WELD COUNTY'S RIGHT TO FARM STATEMENT 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
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
• EXHIBIT
ILS
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Qa\k -ccc
Tuesday, February 1, 2022
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 0 Street, Greeley, Colorado. This meeting was called to order by Chair,
Lonnie Ford, at 12:30 pm.
Roll Call.
Present: Lonnie Ford, Skip Holland, Sam Gluck, Michael Palizzi, Pam Edens.
Absent: Elijah Hatch, Tom Cope, Butch White, Michael Wailes.
Also Present: Kim Ogle, Diana Aungst, and Michael Hall, Department of Planning Services; Lauren Light,
Department of Environmental Health; Karin McDougal, County Attorney, and Michelle Wall, Secretary.
Motion:
Approve
the
January 4,
2022, Weld County Planning Commission minutes, Moved by Skip
Holland,
Seconded
by
Sam Gluck.
Motion passed unanimously.
Motion: Appoint
Lonnie
Ford as
the Chair for Tuesday, February 1, 2022. Moved by Skip Holland,
Seconded by Sam
Gluck.
Motion
passed unanimously.
CASE NUMBER: USR21-0021
APPLICANT: JOHN AND MEGAN SCHRIEFER
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A BOARDING KENNEL LIMITED TO TWENTY (20) DOGS OVER
THE AGE OF SIX (6) MONTHS AND CANINE OBEDIENCE CLASSES IN
SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: LOT 10 PINNACLE PARK 2N° FILING, BEING PART OF SECTION 14, T6N,
R66W OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO LONGS PEAK ROAD, APPROXIMATELY 1100 -
FEET WEST OF CR 35, APPROXIMATELY 425 -FEET NORTH OF STATE
HIGHWAY 392.
Kim Ogle, Planning Services, presented Case USR21-0021, reading the recommendation and comments
into the record. Staff sent notice to seventeen surrounding property owners with 500 feet of the proposed
USR boundary. No written correspondence or telephone calls were received. After the sign was planted,
staff received one letter, seven emails and two telephone calls which are inventory list presented to this
case number. The general comments received from the neighbors include the subdivision has an
agriculture appearance, commercial business functioning in Pinnacle Park will negatively impact property
value, if one commercial business is allowed, others will follow, increasing crime in rural county, extra traffic
to the neighborhood is concerning, safety, escaping dogs may harm livestock, having dogs onsite ail the
time is incompatible with residential areas, and surface water pollution run off will end up in the ditch water
which will end up on agricultural land. The Department of Planning Services recommends approval of this
application along with conditions of approval and development standards. The current zoning violation will
be closed if the application is approved.
Commissioner
Holland
asked if the subdivision has
HOA covenants or other
related documents. Mr. Ogle
replied that no
records
were found when reviewing
the Clerk and Recorder's
data file.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Caitlin Sheahan, Kimley Horn Consulting, 3801 Automation Way Suite 210, Fort Collins, Colorado. Ms.
Sheahan is representing the property owners John and Megan Schriefer. She stated that the Schriefer's
address is 16876 Longs Peak Road and is located in the Ag district. Ms. Sheahan said there is plenty of
room for their family -oriented business. The proposal is to run an animal boarding and training facility. Ms.
Schriefer is licensed by the Pet Animal Care Facilities Act (PACFA) from the Colorado Department of
Agriculture, a certified AKC Evaluator, and graduated as Professional Dog Trainer in October 2014 from
Karen Pryor Academy. The applicant is proposing to hold group canine obedience classes with a maximum
of ten dogs per class on weekday evenings. Ms. Schriefer is requesting to board up to twenty dogs max
for training -focused boarding, not vacation boarding The applicant does not plan to start off with these
many canines She plans to start her business with holding group obedience classes and once her business
has grown, Ms Schaefer would eventually like to build an indoor facility where she is able to host training -
focused boarding
Commissioner Ford asked where the clients will park Ms Sheahan responded that there is a big gravel
pad area behind the house that has room for parking
The Chair asked if there was anyone in the audience who wished to speak for or against this application
Tern Geist, 33127 Pikes Peak Drive, Greeley, Colorado Ms Geist stated that she lives two doors away
from the applicant She said they have lived on their property for eleven years Their property is
approximately 200 feet from the proposed kennel operation Ms Geist said that she strongly opposes The
applicant started dog training before getting the proper permits She is concerned about her property value,
peace and quiet, their privacy, and their quality of life Ms Geist is concerned about the increase of crime
and the quality of roads due to extra traffic She also feels that adding a commercial business will open the
door for other requests for businesses in their subdivision Ms Geist does not think residential
neighborhoods should have businesses
Commissioner Holland asked the applicant if there are covenants or if the subdivision has an HOA Ms
Geist replied they don't follow any covenants, but they have a water association
Commissioner Gluck asked if the properties are zoned Residential or Agricultural Mr Ogle responded the
property is zoned Ag
Nyla Bristo, 7512 Plateau Road, Greeley, Colorado Ms Bristo said that she is representing her 98 -year -
old father Her father lives across the street from the applicant's property Her father moved to his property
to retire He is concerned about the increase in traffic and the noise If approved, it could become a vacation
boarding facility
Julianne Fritz, 33236 Pikes Peak Drive, Greeley, Colorado Ms Fritz stated that she lives across from
property and has lived there for thirty-two years She said they attended the neighborhood meeting, but
the proposal is much larger than what was presented at the neighbor meeting Ms Fritz said the subdivision
does not have an HOA, but they all work together with irrigation water She appreciates being in the country
and takes advantage of it Homeowners walk on the roads because there are no sidewalks Ms Fritz is
concerned about safety, quality of life, noise, lights, a commercial sign and the negative impact on the
subdivision She does not feel the subdivision is an appropriate setting for the business
Commissioner Holland asked Ms Fritz what her understanding of uses are that are approved and available
in the Ag zone Ms Fritz replied that she is aware of agriculture and is supportive of some of the allowed
uses She said even though their properties are zone Ag, it is more of a residential neighborhood
Commissioner Holland asked what types of animals are in their neighborhood Ms Fritz said there are
horses, cattle, a donkey, chickens, dogs and cats that are residential pets Commissioner Holland asked
Ms Fritz if she finds any offense in those type of animals Ms Fritz replied that personally she has no issue
with these animals but she is concerned about a sizable commercial business being developed in Pinnacle
Park
Ed Shultz, 16287 Longs Peak Drive, Greeley, Colorado Mr Shultz said he is a neighbor and said he is in
support of the proposal He said the Schriefers area young couple trying to live their dream and he doesn't
see anything wrong with it Mr Shultz feels the neighbors are picking on the Schnefers about the traffic
they think it will bring He said there are other places that conduct business in the subdivision
Commissioner Palazzi asked what the other businesses are Mr Shultz replied that last Saturday there
were about fifteen cars parked along Pikes Peak Drive and Highway 392 He said John and Megan's
business will allow people to park on their property and not the road
Garry McElderry, 16419 Longs Peak Drive, Greeley, Colorado Mr McElderry said he has lived on his
property for 40 years and lives six lots west of the applicant He said that he learned the Ag zone does
allow dog kennels, if approved He votes against the business because of property values and the
possibility of the subdivision becoming a business park Mr McElderry does not feel subdivisions should
have split zoning
Commissioner Ford asked Mr McElderry if he knew of any other businesses in the subdivision Mr
McElderry replied that awhile back there was a subcontractor doing residential floor work and had his
property covered in flooring and equipment He said a County Building Inspector came to his home to
inspect a generator Mr McElderry said the inspector asked what was going on there and he said it
`appeared to be a storage yard He noticed the property owner cleaned up his property quickly after that
Robert Geist, 33127 Pikes Peak Drive, Greeley, Colorado Mr Geist said it is not personal and he doesn't
want to shoot down dreams They just want to protect what they have He said he doesn't want twenty to
thirty dogs being -brought into the neighborhood Mr Geist is concerned about noise and their property
values
Steven Fritz, 33236 Pikes Peak Drive, Greeley, Colorado Mr Fritz said that he doesn't have anything
against Megan and John He said homeowners have held personal events, not businesses as Mr Schulz
said, that bring in a large crowd for a couple hours Mr Fritz does a lot of walking and is worried about the
traffic He is concerned about pedestrians Mr Fritz feels the Schriefers need to find commercial property
and build their business
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Ms Schriefer said they did their homework before purchasing their property She has no intensions of
having twenty dogs If they ever grew that much, they would move the business elsewhere Ms Schriefer
wants a small and personable business She said less dogs equals less noise and stress for the
environment The dogs will always be accompanied even when they go to the restroom Ms Schaefer
said they plan to have a chain -link fence and also a six-foot privacy fence The privacy fence prevents dogs
from seeing things to bark at Ms Schaefer said she hears the concerns and that is why they developed
their plans to address these concerns They don't plan to build the proposed building for two years but
would like to start their business now She does not take in aggressive dogs Ms Schriefer does a pre -
evaluation with the owner and dog and makes sure they are a good fit She said she would not put her
animals or children in danger
Commissioner Ford asked the applicant about the traffic He said 44 trips per day sounds like a lot Ms
Schriefer said there will not be that much traffic She does not plan to have twenty dogs on the property
but had to put an absolute maximum when applying for a USR Mr Schriefer expects low traffic
Commissioner Gluck asked Ms Schriefer if she could address the violation on the property Ms Schriefer
replied that she held a couple group classes in the pasture without having the proper permit Once they
received the violation she quit immediately
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Mr Ogle referenced Development Standard 34 which reads, USR21-0021 for a Boarding Kennel limited to
twenty dogs over the age of six months and canine obedience classes in subdivision in the A (Agricultural)
Zone District is non-transferrable and the permit shall expire upon conveyance of the property to a new
owner
Commissioner Holland stated that he appreciated the group of people that showed up today to speak He
explained that the Planning Commission is a review and recommending voice Mr Holland told the group
it is important the show up to the Board of County Commissioner hearing
Commissioner Palazzi asked that once they build the boarding facility, what keeps it from becoming a
vacation boarding facility Staff explain the USR is specific to what it allows Canines cannot be vacation
boarded, it is for training boarding only
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 USR21-0021 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 Sam Gluck, Seconded by Michael Palizzi
Vote Motion carried by unanimous roll call vote (summary Yes = 5)
Yes Lonnie Ford, Michael Palizzi, Pam Edens, Sam Gluck, Skip Holland
Commissioner Holland said it is his opinion that the proposed USR is in compliance with Ag Zone, however,
it is indeed located in a neighborhood
Commissioner Ford agreed that it is a residential area, and he certainly understands the property owners
want to keep it that way
The Chair asked the public if there were other items of business that they would like to discuss No one
wished to speak
The Chair asked the Planning Commission members if there was any new business to discuss No one
wished to speak
Meeting adjourned at 3 40 pm
Respectfully submitted,
Michelle Wall
Secretary
ATTENDANCE RECORD
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