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LAND USE APPLICATION
SUMMARY SHEET
Kim Ogle
USR16-0014
Donald and Cheryl Hackett
15267 County Road 18, Fort Lupton, Colorado 80621
Hearing Date: July 19, 2016
A Site Specific Development Plan and Amended Use by Special Use Permit, USR-
1536, for a Kennel (100 dogs - Dachshunds) and any use permitted as a Use by Right,
an Accessory Use, or a Use by Special Review in the commercial or industrial zone
districts, provided that the property is not a Lot in an approved or recorded subdivision
plat or lots parts of a map or plan filed prior to adoption of any regulations controlling
subdivisions (washing of commercial vehicles, parking, staging and dispatching of
trucks, trailers and commercial vehicles and parking and storage of RVs) in the A
(Agricultural) Zone District
Lot A of Recorded Exemption No. RE -1871 being part of the W2SW4 of Section 22,
T2N, R62W of the 6th P.M., Weld County, CO
North of and adjacent to County Road 18; approximately 980 feet east of County Road
31
+/- 4.98 acres
Parcel No. 1309-22-0-00-043
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County
Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
vvy'y'y'
Weld County Zoning Compliance, referral dated May 10, 2016
State of Colorado, Division of Water Resources, referral dated May 16, 2016
Weld County Department of Public Works, referral dated June 6, 2016
Weld County Department of Planning Services - Engineer, referral dated June 6, 2016
Weld County Department of Public Health and Environment, referral dated June 6, 2016
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
➢ Weld County Sherriff's Office, referral dated May 13, 2016
➢ Weld County School District RE -8, referral dated May 19, 2016
➢ City of Fort Lupton, referral dated June 7, 2016
The Department of Planning Services' staff has not received responses from the following agencies:
➢ Fort Lupton Fire Protection District
• Weld County Department of Building Inspection
USR16-0014, Donald and Cheryl Hackett, Page 1 of 11
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Planner: Kim Ogle Hearing Date: July 19, 2016
Case Number: USR16-0014
Applicant: Donald and Cheryl Hackett
Address: 15267 County Road 18, Fort Lupton, Colorado 80621
Request: A Site Specific Development Plan and Amended Use by Special Use Permit, USR-
1536, for a Kennel (100 dogs - Dachshunds) and any use permitted as a Use by Right,
an Accessory Use, or a Use by Special Review in the commercial or industrial zone
districts, provided that the property is not a Lot in an approved or recorded subdivision
plat or lots parts of a map or plan filed prior to adoption of any regulations controlling
subdivisions (washing of commercial vehicles, parking, staging and dispatching of
trucks, trailers and commercial vehicles and parking and storage of RVs) in the A
(Agricultural) Zone District
Legal Lot A of Recorded Exemption No. RE -1871 being part of the W2SW4 of Section 22,
Description: T2N, R62W of the 6th P.M., Weld County, CO
Location: North of and adjacent to County Road 18; approximately 980 feet east of County Road
31
Size of Parcel: +/- 4.98 acres
Case Summary:
Parcel No. 1309-22-0-00-043
This case was initiated through a Probable Cause Show Cause Letter from the Department of Planning
Services stating there were concerns of non-compliance with USR-1536, for a breeding kennel (100 dogs
- Dachshunds), A site visit on July 23, 2015 by representatives for the Department of Public Health and
Environmental determined that the property was not in compliance with Development Standards 7 and
31, due to the operation of a commercial business on site, including the pressure washing of trucks and
the use of additives and detergents.
7. All liquid and solid waste, as defined in the Solid Wastes Disposal Sites and Facilities Act,
Section 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.
31. 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
of Development Standards are permitted. Any other changes shall be filed in the office of the
Department of Planning Services.
The property owner and applicant contacted the Department of Planning Services to schedule a Pre -
Application Meeting for the new uses and discussed the permitting of all activities located on site during
the October 1, 2015 meeting with staff.
USR16-0014, Donald and Cheryl Hackett, Page 2 of 11
This application if approved will correct the additional uses on site and if denied, all uses of the site other
than the approved 100 dog kennel will be required to be removed within 30 days of the decision by the
Board of County Commissioners.
This application is seeks to retain the 100 dog kennel and amend the current land use permit to allow the
washing of commercial vehicles without the use of chemicals, soaps and detergents; park, stage and
dispatch commercial trucks and trucks with trailers; and to provide parking, staging and storage of RVs.
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
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 Department of Planning Services' staff that the applicant has shown
compliance with Section 23-2-220 of the Weld County Code as follows:
Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
Section 22-2-20 - A.Goal 1 states, "Respect and encourage the continuation of
agricultural land uses and agricultural operations for purposes which enhance the
economic health and sustainability of agriculture."
The parcel on which the small breeders kennel facility is located is approximately 5 acres
in area. Per the application, the dogs that create a nuisance condition with their barking
are debarked and the dogs will be kept inside in a climate controlled building between
8:00 p.m. and 9:00 a.m. daily.
Section 22-2-100.A - C.Goal.1 states "Promote the location of commercial uses within
municipalities, County Urban Growth Boundary areas, Intergovernmental Agreement
urban growth areas, growth management areas as defined in municipal comprehensive
plans, the Regional Urbanization Areas, Urban Development Nodes or where adequate
services are currently available or reasonably obtainable."
Section 22-2-20.G.7 - A.Policy 7.2 states, "Conversion of agricultural land to nonurban
residential, commercial, and industrial uses should be accommodated when the subject
site is in an area that can support such development, and should attempt to be
compatible with the region."
The property has an approved Division of Water Resources permit for ordinary household
purposes inside one single family dwelling, lawn and garden irrigation and a commercial
dog kennel with an annual withdrawal not to exceed 1.16 acre feet. The proposed truck
washing component does not utilize this water source, instead the water is trucked to the
property from a City of Fort Lupton water source. The application materials state that the
breeding kennel is for up to 100 dogs at any one time. The noise levels on the site are
required to meet the standards of the Weld County Department of Environmental Health.
There is also a Development Standard that the dogs are kept indoors between 8:00 p.m.
and 9:00 a.m. daily.
The washing and parking of commercial vehicles, trucks and trailers along with outside
equipment/vehicle storage and staging facility is presently in operation on site and is
located in an area that allows good access to the oil field and construction areas.
Section 22-2-100.E. C.Goal 5. States "Minimize the incompatibilities that occur between
commercial uses and surrounding properties." The proposed facility is located to the
north end of the property behind the Hackett residence and well screen due to
USR16-0014, Donald and Cheryl Hackett, Page 3 of 11
topography from adjacent properties. Access is from County Road 18, a two lane paved
road.
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.S of the Weld County Code lists any use permitted as a Use by Right, an
Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone
Districts (Heavy Equipment and Truck Repair Shop along with outside equipment/vehicle
storage and staging) provided that the property is not a Lot in an approved or recorded
subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations
controlling subdivisions and Section 23-3-40.H lists Kennels as a Use by Special Review
in the A (Agricultural) Zone District.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses.
The adjacent properties are a mix of agricultural uses and rural residences. The nearest
residence is located approximately 100 feet west of the western property line. The
surrounding USRs include USR-557 adjacent to the west for an 85 dog kennel and
USR13-0039 is immediately adjacent to the north for a trucking business.
Fourteen (14) surrounding property owners received notice of this USR due to their
property being within 500 feet of the site and the Weld County Department of Planning
Services received no letters or telephone calls indicating opposition to the application.
The Department of Planning Services is requesting a screening plan and a lighting plan
for the vehicle parking area. The dogs will be kept indoors between the hours of 8:00PM
and 9:00 daily. The noise levels on the site are required to meet the standards of the
Weld County Department of Environmental Health. These requirements along with the
other Development Standards and the Conditions of Approval will assist in mitigating the
impacts of the facility on the adjacent properties and ensure compatibility with
surrounding land uses.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the
future development as projected by Chapter 22 of the Weld County Code and any other
applicable code provisions or ordinances in effect, or the adopted Master Plans of
affected municipalities.
The site is located within a three (3) mile referral area of the City of Fort Lupton, and is
located within the existing Coordinated Planning Agreement area (CPA) for the City.
The City in their referral comments, dated June 7, 2016 stated "Because the property is
located within the City's Comprehensive Plan area, the Planning Department met with the
applicants to discuss the potential for annexation. The applicants indicted their desire to
continue their application with the Weld County Planning Department. The applicants
have met their obligation to confer with the City."
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of
the Weld County Code.
The site is not in a floodplain.
Building Permits issued on the lot will be required to adhere to the fee structure of the
County -Wide Road Impact Fee Program.
USR16-0014, Donald and Cheryl Hackett, Page 4 of 11
Building Permits issued on the proposed lot will be required to adhere to the fee structure
of the County Facility Fee and Drainage Impact Fee 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 existing breeding kennel and proposed truck washing and parking area for
commercial vehicles and RVs is located on a 4.98 acre parcel designated other lands
per the 1979 Soil Conservation Service Important Farmlands of Weld County Map.
Therefore no prime agricultural lands are being taken out of production.
G. Section 23-2-220.A.7 - There is adequate provisions for the protection of the health,
safety, and welfare of the inhabitants of the neighborhood and County.
The Design Standards (Section 23-2-240, Weld County Code), Operation Standards
(Section 23-2-250, Weld County Code), Conditions of Approval and Development
Standards can ensure that there are adequate provisions for the protection of health,
safety, and welfare of the inhabitants of the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Department of Planning Services' staff recommendation for approval is conditional upon the
following:
1. Prior to recording the map:
A. The applicant shall submit written evidence of the viable City of Fort Lupton water source
utilized for the washing of vehicles to the Department of Planning Services and the
Department of Public Health and Environment. (Department of Planning Services)
B. An Improvements and Road Maintenance Agreement is required for offsite improvements
at this location. Road maintenance including dust control, damage repair, specified haul
routes and future traffic triggers for improvements will be included. (Department of Public
Works)
C. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR16-0014 (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
23-3-350.H of the Weld County Code addresses the issue of trash collection areas.
(Department of Planning Services)
5. The map shall delineate the existing and proposed lighting. (Department of Planning
Services)
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)
USR16-0014, Donald and Cheryl Hackett, Page 5 of 11
7. The map shall delineate four (4) parking spaces for vendors, customers and/or
employees. One parking space must meet the Americans with Disability Act.
(Department of Planning Services)
8. County Road 18 is a paved road and is designated on the Weld County Road
Classification Plan as a collector road which requires 80 feet of right-of-way at full
buildout. The applicant shall delineate on the site plan the future and existing right-
of-way. All setbacks shall be measured from the edge of future right-of-way. This
road is maintained by Weld County. (Department of Public Works)
Show and label the approved access (AP16-00244), and the appropriate turning radii
on the site plan. (Department of Public Works)
10. Show and label the approved tracking control on the site plan
11. Show and label the entrance gate set back a minimum of 100ft from edge of
shoulder. (Department of Public Works)
12. The applicant shall show and label the accepted drainage features and drainage flow
arrows. Water quality features or stormwater ponds should be labeled as "Water
Quality Feature/Stormwater Detention, No -Build or Storage Area" and shall include
the calculated volume. (Department of Planning Services -Engineer)
13. Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property. (Department of Planning Services -Engineer)
14. Show and label all recorded easements on the map by book and page number or
reception number and date on the site plan. (Department of Planning Services)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) paper
copy or 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
map not be recorded within the required one hundred twenty (120) days from the date of the
Board of County Commissioners Resolution, a $50.00 recording continuance charge shall added
for each additional three (3) month period. (Department of Planning Services)
4. The Department of Planning Services respectfully requests a digital copy of this Use by Special
Review, as appropriate. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation);
acceptable GIS formats are ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB). The
preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be
senttomaps@co.weld.co.us. (Department of Planning Services)
Prior to Construction:
A. If more than 1 acre is to be disturbed, a Weld County grading permit will be required prior to
the start of construction. (Department of Planning Services - Engineer)
USR16-0014, Donald and Cheryl Hackett, Page 6 of 11
B. The approved access and tracking control shall be constructed prior to on -site construction.
(Department of Public Works)
6. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be
issued on the property, until the Use by Special Review map 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)
USR16-0014, Donald and Cheryl Hackett, Page 7 of 11
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Donald and Cheryl Hackett
USR16-0014
1. A Site Specific Development Plan and Amended Use by Special Use Permit, USR-1536, for a Kennel
(100 dogs - Dachshunds) and any use permitted as a Use by Right, an Accessory Use, or a Use by
Special Review in the commercial or industrial zone districts, provided that the property is not a Lot in
an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any
regulations controlling subdivisions (washing of commercial vehicles, parking, staging and
dispatching of trucks, trailers and commercial vehicles and parking and storage of RVs) 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 are 5:00 a.m. - 7:00 p.m. Monday - Sunday, as stated in the application.
(Department of Planning Services)
4. The number of on -site employees shall be 2, as stated in the application. (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 landscaping/screening on the site shall be maintained. (Department of Planning Services)
8. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and 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)
9. 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)
10. 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. (Department of
Public Health and Environment)
11. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with
the Colorado Air Quality Commission's air quality regulations. (Department of Public Health and
Environment)
12. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as
delineated in 25-12-103 C.R.S. (Department of Public Health and Environment)
13. Adequate drinking, hand washing and toilet facilities shall be provided for employees and the public,
at all times. For 10 or less customers or visitors per day and 2 or less full time employees on site,
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
USR16-0014, Donald and Cheryl Hackett, Page 8 of 11
licensed in Weld County and shall contain hand sanitizers. (Department of Public Health and
Environment)
14. Any septic 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)
15. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. Well
permit 63373-F shall be utilized for domestic and kennel use only, as stated on the permit. The Well
cannot be utilized in other aspects of this request unless additional uses are approved by the Division
of Water Resources. (Department of Public Health and Environment)
16. In the event the applicant intends to utilize the existing septic system at the home (SE -0400122) for
business use, the septic 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 the proposed 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)
17. 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)
18. The applicant shall comply with the Colorado Department of Agriculture (CDA), Division of Animal
Industry regulations. (Department of Public Health and Environment)
19. Any vehicle or equipment washing shall adhere to "Low Risk Discharge Guidance: Discharges From
Surface Cosmetic Power Washing Operations To Land July 2010" as provided by the State.
(Department of Public Health and Environment)
20. 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)
21. 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)
22. The property owner shall control noxious weeds on the site. (Department of Public Works)
23. The access to the site shall be maintained to mitigate any impacts to the public road including
damages and/or offsite tracking. (Department of Public Works)
24. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
25. The historical flow patterns and runoff amounts on the site will be maintained. (Department of
Planning Services - Engineer)
26. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Planning Services - Engineer)
USR16-0014, Donald and Cheryl Hackett, Page 9 of 11
27. Access will be along unmaintained County right-of-way and maintenance of the right-of-way will not
be the responsibility of Weld County. (Department of Planning Services - Engineer)
28. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the
following have been adopted by Weld County: 2012 International Codes, 2006 International Energy
Code, and 2014 National Electrical Code. A Building Permit Application must be completed and two
(2) complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or
engineer must be submitted for review. A Geotechnical Engineering Report performed by a Colorado
registered engineer shall be required or an Open Hole Inspection. (Department of Building Inspection)
29. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
30. 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.
31. 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.
32. 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.
33. 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.
34. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties
in the United States, typically ranking in the top ten counties in the country in total market value of
agricultural products sold. The rural areas of Weld County may be open and spacious, but they are
intensively used for agriculture. Persons moving into a rural area must recognize and accept there
are drawbacks, including conflicts with long-standing agricultural practices and a lower level of
services than in town. Along with the drawbacks come the incentives which attract urban dwellers to
relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the
rural atmosphere and way of life. Without neighboring farms, those features which attract urban
dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural
activities will generate off -site impacts, including noise from tractors and equipment; slow -moving
farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from
USR16-0014, Donald and Cheryl Hackett. Page 10 of 11
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.
USR16-0014, Donald and Cheryl Hackett. Page 11 of 11
June 28, 2016
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle@co.weld.co.us
PHONE: (970) 353-6100, Ext. 3549
FAX: (970) 304-6498
HACKETT DONALD E
15267 COUNTY ROAD 18
FORT LUPTON, CO 806214141
Subject: USR16-0014 - AN AMENDMENT TO A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY
SPECIAL REVIEW PERMIT NO. USR-1536, FOR A KENNEL (100 DOGS OF TWO BREEDS) TO
INCLUDE ANY USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE, OR A USE BY
SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS, PROVIDED THAT
THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS
PARTS OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING
SUBDIVISIONS (WASHING OF COMMERCIAL VEHICLES, PARKING, STAGING AND DISPATCHING
OF TRUCKS AND COMMERCIAL VEHICLES, TRAILERS AND PARKING AND STORAGE OF RVs) IN
THE A (AGRICULTURAL) ZONE DISTRICT
On parcel(s) of land described as:
PART W2SW4 SECTION 22, T2N, R66W LOT A REC EXEMPT RE -1871 OF THE 6TH P.M., WELD
COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on July 19, 2016, at 12:30 p.m.
Asubsequent hearing with the Board of County Commissioners will be held on August 10, 2016 at 10:00
a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O
Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to
answer any questions the Planning Commission members or Board of County Commissioners may
have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld
County Planning Department with written certification indicating the above requirement has been met.
A representative from the Department of Planning Services will be out to the property a minimum of ten
days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place
on the property and a second sign posted at the point at which the driveway (access drive) intersects a
publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to
the Weld County Planning Commission and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at
www.weldcountyplanni ngcases.orq
Page 2 of 2
If you have any questions concerning this matter, please call.
Respectfully,
Digitally signed by Kristine Ranslem
Reason: I am the author of this document
Date: 2016.06.28 11:17:49 -06'00'
Kim Ogle
Planner
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle@co.weld.co.us
PHONE: (970) 353-6100, Ext. 3549
FAX: (970) 304-6498
May 10, 2016
HACKETT DONALD E
15267 COUNTY ROAD 18
FORT LUPTON, CO 806214141
Subject: USR16-0014 - AN AMENDMENT TO A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY
SPECIAL REVIEW PERMIT NO. USR-1536, FOR A KENNEL (100 DOGS OF TWO BREEDS) TO
INCLUDE ANY USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE, OR A USE BY
SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS, PROVIDED THAT
THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS
PARTS OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING
SUBDIVISIONS (WASHING OF COMMERCIAL VEHICLES, PARKING, STAGING AND DISPATCHING
OF TRUCKS AND COMMERCIAL VEHICLES, TRAILERS AND PARKING AND STORAGE OF RVs) IN
THE A (AGRICULTURAL) ZONE DISTRICT
On parcel(s) of land described as:
PART W2SW4 SECTION 22, T2N, R66W LOT A REC EXEMPT RE -1871 OF THE 6TH P.M., WELD
COUNTY, COLORADO.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying
within three miles of the property in question or if the property under consideration is located within the
comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of
the submitted materials to the following Planning Commission(s) for their review and comments:
Fort Lupton at Phone Number 303-857-6694
Please call the listed Planning Commissions, for information regarding the date, time and place of the
meeting and the review process. It is recommended that you and/or a representative be in attendance at
each of the meetings described above in order to answer any questions that might arise with respect to
your application.
If you have any questions concerning this matter, please call.
Respectfully,
Digitally signed by Kristine Ranslem
Reason: I am the author of this document
Date: 2016.05.1015:34:52 -06'00'
Kim Ogle
Planner
FIELD CHECK- USR16-0014
Inspection Date: July 7, 2016
Applicant: Donald and Cheryl Hackett
Request: A Site Specific Development Plan and Amended Use by Special Use Permit, USR-1536, for a Kennel
(100 dogs - Dachshunds) and any use permitted as a Use by Right, an Accessory Use, or a Use by
Special Review in the commercial or industrial zone districts, provided that the property is not a Lot in
an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any
regulations controlling subdivisions (washing of commercial vehicles, parking, staging and dispatching
of trucks, trailers and commercial vehicles and parking and storage of RVs) in the A (Agricultural) Zone
District
Legal: Lot A of Recorded Exemption No. RE -1871 being part of the W2SW4 of Section 22, T2N, R62W of the
6th P.M., Weld County, CO
Location: North of and adjacent to County Road 18; approximately 980 feet east of County Road 31
Parcel ID #: 1309-22-0-00-043
Acres: 5 +/-
Zoning
Land Use
N
Agriculture
N
Single Family Residence with horses
E
Agriculture
E
Single Family Residence
S
Agriculture
S
Aristocrat Ranchettes Subdivision
W
Agriculture
W
USR-557 Kennel for 85 dogs and residence
Comments:
Property is rectangular in shape aligned North to South. County Road 18 is located adjacent to the south
end of the property. There is a fenced yard with a single family residence. The fenced yard also provides
outdoor recreational space for the dogs. Adjacent to the east property line is an all-weather driveway
extending to the rear of the property. The wash area and proposed vehicle and equipment storage area
is located approximately 387 feet north of the property line. Due to the location of the parking area, the
vehicles are not visible from County Road 18.
Utilities are located adjacent to County Road 18
Signa
❑ House(s) o Outbuilding(s)
❑ Access to Property o Site Distance
❑ Topography — land slopes to North
❑ Non-commercial junkyard (Tires)
❑ Other Animals On -Site — 100 dog Kennel
Note any commercial business/commercial vehicles that are operating from the site. Yes, Violation Case
Hello