HomeMy WebLinkAbout20210980.tiffBEFORE 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:
CASE NUMBER:
USR21-0002
APPLICANT:
DANE AND NELDA KORNASIEWICZ, C/O CASSIDY ORR
PLANNER:
CHRIS GATHMAN
REQUEST:
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A COMMERCIAL RECREATIONAL FACILITY INCLUDING
ANIMAL TRAINING WHERE MAXIMUM NUMBER OF ANIMAL UNITS
PERMITTED IN SECTION 23-3-70.D IS EXCEEDED OR TRAFFIC TO AND
FROM THE FACILITY EXCEEDS SIXTY (60) DAILY TRIPS (DOCK DIVING
FACILITY FOR DOGS) IN THE A (AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION:
SUBDIVISION EXEMPT SE -962 (WEST PARCEL), BEING PART NE4
SECTION 6, Ti N, R68W OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION:
SOUTH OF AND ADJACENT TO STATE HIGHWAY 52 AND APPROXIMATELY
2,000
-FEET
WEST
OF CR
3.
be recommended favorably to the Board of County Commissioners for the following reasons:
1
2
The submitted materials are in compliance with the application requirements of Section 23 -2-260 of
the Weld County Code.
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 22-2-30 C. Harmonize development with surrounding land uses.
1. Transition between land use types and intensities with buffers. Uses that are incompatible
with existing uses must be able to mitigate conflicts.
The proposed dock diving facility is located near the southern property line (further away
from the from the existing residences to the east). The applicant has provided a noise study
indicating that the property can meet residential noise standards.
Section 22-2-40 A. Support compatible economic development opportunities.
1. Identify target areas where the County is able to encourage shovel -ready commercial and
industrial development.
This property is located in a Weld County Opportunity Zone, where applicants are encouraged
to explore commercial opportunities that are compatible with the surrounding area. A dock
diving facility is a commercial opportunity that is compatible with the surrounding area when
impacts like noise and traffic are adequately mitigated.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone
District.
The proposed use is permittable under Sections 23-3-40.A. and 23-2-40.H.
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
RESOLUTION USR21-0002
DANE AND NELDA KORNASIEWICZ, CIO CASSIDY ORR
PAGE 2
feature of the county. The A (Agricultural) Zone Districtis 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.
The proposal meets the intent because the proposed use will not impact surrounding agricultural
uses. No farm ground will be taken out of production as a result of this use.
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 immediately to the west of two residences. The property to the south and west
is located within the Town of Erie municipal limits and has been platted for a two -lot minor
subdivision which has not been developed. One e-mail from a neighboring property owner to the
southwest of the site stated concerns with noise (barking dogs) and increased traffic.
The applicant has provided a noise report stating that the use will meet the residential noise
standard. The facility will be operated during daylight hours (no lighting). Traffic to and from the site
is limited during weekdays and the higher traffic animal competitions is limited to one (1) event a
month.
Conditions of Approval and Development Standards (noise limits) will assist in ensuring
compatibility with existing 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 (3) mile referral area of the Town of Erie and the Town of
Frederick. This site is not located within the boundary of a Cooperative Planning Agreement
(CPA). The Town of Frederick, in their referral response dated January 11, 2021, stated no conflict
with their interests.
The Town of Erie in their referral comments, dated February 3, 2021 indicated that the Town of Erie
Comprehensive Plan (last updated in 2015) identifies the property as LDR-Low Density Residential
and this zoning classification does not include business uses. The Town of Erie stated that they do
not support the request as it conflicts with their comprehensive plan. The Town of Erie stated that
the adjacent property is in the platting process for residential development and requests that the
outdoor dog facilities be located a minimum of 300 -feet from this property.
The size and shape of the property does not allow the outdoor dog facilities to be located a
minimum of 300 -feet from the town limits of Erie. Additionally, relocating the facility would move it
closer to existing residences to the east whereas the property in Erie has not yet been
developed/built for residential use. There is presently an equipment building (constructed in 2006)
on the property. The applicant provided a noise study that indicates that the facility can meet the
residential noise standard measured 25 -feet from the property line.
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, MS 4 Area or a Special Flood Hazard Area. 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.
RESOLUTION USR21-0002
DANE AND NELDA KORNASIEWICZ, CIO CASSIDY ORR
PAGE 3
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision forthe proposed use.
The proposal is located on approximately 3.87. acres delineated as Prime if Irrigated and Prime per
the 2020 Natural Resource Conservation Service Soil Survey. The property has existing residential
improvements, is not being farmed and is too small for larger scale agricultural 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), Conditionsof s 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 address the requirements of the Colorado Department of Transportation, as
stated in the referral response dated February 11, 2021. Evidence of such shall be submitted, in
writing, to the Weld County Department of Planning Services. (Department of Building Inspection)
B. A Communication Plan shall be submitted to and approved by the Department of Planning
Services. (Department of Planning Services)
C. The proposed signage as delineated on the USR map is within the right-of-way for State Highway
52. The applicant shall do one of the following:
1) Written authorization from the Colorado Department of Transportation authorizing a sign in
this location.
2) The sign location shall be relocated within the boundaries of the lot and shall meet the
setback requirements delineated in Section 23-4-120 of the Weld County Code. (Department
of Planning Services)
2. The map shall be amended to delineate the following:
A. All sheets of the map shall be labeled USR21-0002 (Department of Planning Services)
B. The attached Development Standards. (Department of Planning Services)
C. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
D. The applicant shall delineate on the map the trash collection areas. Section 23-2- 240.A.13ofthe
Weld County Code addresses the issue of trash collection areas. (Department of Planning
Services)
E. The map shall delineate the onsite lighting in accordance with the approved Lighting Plan.
(Department of Planning Services)
F. All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2 and
Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of Planning Services)
RESOLUTION USR21-0002
DANE AND NELDA KORNASIEWICZ, CIO CASSIDY ORR
PAGE 4
G. The map shall delineate the parking area for the vendors, customers and/or employees.
(Department of Planning Services)
H. The Colorado Department of Transportation (CDOT) has jurisdiction over all accesses to state
highways. Show the approved CDOT accesses on the map and label with access permit number if
applicable. (Department of Public Works)
I. Show and label the drainage flow arrows. (Department of Public Works)
J. Please contact CDOT to verify the right-of-way. Show and label the right-of-way. (Department of Public
Works)
K. Show and label the parking and traffic circulation f low arrows showing how traffic moves around
the property. (Department of Public Works)
3. 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)
4. 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)
5. 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)
RESOLUTION USR21-0002
DANE AND NELDA KORNASIEWICZ, CIO CASSIDY ORR
PAGE 5
Motion seconded by Dwaine Barclay.
VOTE:
For Passage Against Passage Absent
Tom Cope
Gene Stille
Lonnie Ford
Elijah Hatch
Skip Holland
Dwaine Barclay
Sam Gluck
Butch White
Troy Mellon
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, 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 March 16, 2021.
Dated the 161h of March, 2021
Kristine Ranslem
Secretary
RESOLUTION USR21-0002
DANE AND NELDA KORNASIEWICZ, CIO CASSIDY ORR
PAGE 6
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Kornasiewicz— c/o Orr— Housewolf LLC
USR21-0002
1. A Site -Specific Development Plan and Use by Special Review Permit, USR21-0002, for a
Commercial Recreational Facility including Animal Training where Maximum number of Animal Units
Permitted in Section 23-3-70.D is exceeded or Traffic to and from the Facility exceeds Sixty (60)
Daily Trips (Dock Diving Facility for Dogs) outside of subdivisions and historic townsites 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 private bookings are from 9:00 a.m. - 7:00 p.m. Monday — Friday on an
annual basis from April 15th to October 15th. (Department of Planning Services)
4. Dock Diving Competitions will occur one weekend a month on an annual basis from April 15th to
October 1 5th . Competition hours shall be between the hours of 9:00am to 5:00pm. (Department of
Planning Services)
5. The parking area on the site shall be maintained. (Department of Planning Services)
6. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of
the Weld County Code. (Department of Planning Services)
7. The property owner shall maintain compliance with the Communication Plan. (Department of
Planning Services)
8. 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. (Department of PublicWorks)
9. The access to the site shall be maintained to mitigate any impacts to the public road, including
damages and/or off -site tracking. (Department of Public Works)
10. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
11. The historical f low patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
12. 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 mannerthat protects
against surface and groundwater contamination. (Department of Public Health and Environment)
13. 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. (Department of Public Health and Environment)
14. 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 Chapter 14, Article 1 of the Weld County Code, and the accepted
waste handling plan and nuisance abatement plan. (Department of Public Health and Environment)
15. Fugitive dust shall attempt to be confined on the property. Uses on the property should comply with
RESOLUTION USR21-0002
DANE AND NELDA KORNASIEWICZ, CIO CASSIDY ORR
PAGE 7
the Colorado Air Quality Commission's air quality regulations and the accepted dust abatement
plan. (Department of Public Health and Environment)
16. Adequate drinking, hand washing, and toilet facilities shall be provided for employees and patrons
of the facility, at all times. A permanent, adequate water supply shall be provided for drinking and
sanitary purposes. (Department of Public Health and Environment)
17. Temporary uses that are utilized for a time period of six months or less, portable toilets and bottled
water are 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)
18. Any On -site Wastewater Treatment System located on the property must comply with all provisions
of the Weld County Code, pertaining to On -site Wastewater Treatment Systems. (Department of
Public Health and Environment)
19. The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as
delineated in 25-12-103 C.R.S. The facility shall operate in accordance with the accepted noise
report. (Department of Public Health and Environment)
20. 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 Environment)
21. Lighting shall be maintained in accordance with the approved Lighting Plan (Department of Planning
Services)
22. 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)
23. 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, 2006 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)
24. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
25. 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.
26. 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.
RESOLUTION USR21-0002
DANE AND NELDA KORNASIEWICZ, CIO CASSIDY ORR
PAGE 8
27. 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 maybe
reason for revocation of the Permit by the Board of County Commissioners.
28. 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.
29. A Use by Special Review Permit shall terminate when the use is discontinued fora 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.
30. 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 person 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 property rights and mineral owners should be afforded the opportunity to extract the
mineral resource.
31. 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 practicesthat are commonly or reasonably
associated with agricultural production.
RESOLUTION USR21-0002
DANE AND NELDA KORNASIEWICZ, CIO CASSIDY ORR
PAGE 9
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 fourthousand (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 oilfield 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.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, March 16, 2021
EXHIBIT
B39
V.SR'3\ - 000a-
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Vice Chair,
Gene Stille, at 12:33 pm.
Roll Call.
Present: Butch White, Dwaine Barclay, Gene Stille, Lonnie Ford, Sam Gluck, Tom Cope.
Absent/Excused: Elijah Hatch, Skip Holland, Troy Mellon.
Also Present: Chris Gathman, Michael Hall and Tom Parko, Department of Planning Services; Lauren
Light, Department of Health; Melissa King and Zack Roberson, Department of Public Works; Bob Choate,
County Attorney, and Kris Ranslem, Secretary.
CASE NUMBER: USR21-0002
APPLICANT: DANE AND NELDA KORNASIEWICZ, C/O CASSIDY ORR
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A COMMERCIAL RECREATIONAL FACILITY INCLUDING
ANIMAL TRAINING WHERE MAXIMUM NUMBER OF ANIMAL UNITS
PERMITTED IN SECTION 23-3-70.D IS EXCEEDED OR TRAFFIC TO AND
FROM THE FACILITY EXCEEDS SIXTY (60) DAILY TRIPS (DOCK DIVING
FACILITY FOR DOGS) IN THE A (AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: SUBDIVISION EXEMPT SE -962 (WEST PARCEL), BEING PART NE4 SECTION
6, Ti N, R68W OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO STATE HIGHWAY 52 AND APPROXIMATELY
2,000 -FEET WEST OF CR 3.
Chris Gathman, Planning Services, presented Case USR21-0002, reading the recommendation and
comments into the record. Mr. Gathman noted that one (1) letter was received outlining concerns about
noise and that the landowner intends to build a residence on their property in the future. Mr. Gathman
stated that the Town of Erie does not support the request as it conflicts with their Comprehensive Plan and
added that the adjacent property is in the platting process for residential development and requests that the
outdoor dog facilities be located a minimum of 300 feet from this property. He added that the size and
shape of this property does not allow the design of the facility in a manner where the actual facility could
be a minimum of 300 feet from the town limits. If they would relocate the facilities it would be encroaching
closer to the existing residences to the east. A letter of support from one of the surrounding property owners
to the east of the site was submitted today. The Department of Planning Services recommends approval of
this application with the attached conditions of approval and development standards.
Melissa King, Public Works, reported on the existing traffic, access to the site and drainage conditions for
the site.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Cassidy Orr and Dane Kornasiewicz, 620 State Highway 52, Erie, Colorado. Mr. Kornasiewicz stated that
they intend to build the dog diving facility and added that it is a pool facility that encourages dog sport,
recreation and rehabilitation. He said that they are planning to pump water to the pond from the Left Hand
Water District or import the water through a water service. He said that they have had discussions with Left
Hand Water on whether or not they would need a commercial water tap; however, Left Hand Water District
had said that it is not necessary based on the amount of water that will be used for this facility.
Commissioner Gluck asked if it is an above ground pool. Ms. Orr said it would be a 45 -foot above ground
dock and a 40 -foot above ground pool.
Commissioner Cope asked how close the pool is to the back property line. Ms. Orr said that it would be 25
feet from the property line.
1
Commissioner Cope asked what the rationale is for having a saltwater pool. Mr. Kornasiewicz said that
salt water is better for dogs than a chemical pool.
Commissioner Stille asked if there is a lot of barking. Ms. Orr said that they are doing hourly bookings and
they do not bark when running or swimming. The times they anticipate barking is when there is competition
and they have to be in their crates. Mr. Kornasiewicz said that the noise level will be pretty low at the
property line and there should be no concerns.
Commissioner Stille asked if this is a year-round facility. Ms. Orr said the facility will operate during the
warm summer months between April and October.
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 USR21-0002 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 Dwaine Barclay.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 6).
Yes: Butch White, Dwaine Barclay, Gene Stille, Lonnie Ford, Sam Gluck, Tom Cope.
Meeting adjourned at 1:35 pm.
Respectfully submitted,
Kristine Ranslem
Secretary
ATTENDANCE RECORD
NAME -
PLEASE PRINT LEGIBLY
ADDRESS
EMAIL
John Doe
123 Nowhere Street, City,
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