HomeMy WebLinkAbout20162397.tiffHEARING CERTIFICATION
DOCKET NO. 2016-64
RE: AN AMENDMENT TO A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL
REVIEW PERMIT, USR16-0014, (FORMERLY KNOWN AS USR-1536) FOR A KENNEL
(100 DOGS - DACHSHUNDS) AND ANY USE PERMITTED AS A USE BY RIGHT,
ACCESSORY USE, OR 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 PART OF A MAP OR PLAN
FLED 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 — DONALD AND
CHERYL HACKETT
A public hearing was conducted on August 10. 2016, at 10:00 a.m.. with the following present:
Commissioner Mike Freeman. Chair
Commissioner Sean P. Conway, Pro-Tem
Commissioner Julie A. Cozad
Commissioner Barbara Kirkmeyer
Commissioner Steve Moreno
Also present:
Acting Clerk to the Board. Tisa Juanicorena
Assistant County Attorney, Bob Choate
Planning Services Department representative. Kim Ogle
Public Works Department representative, Janet Lundquist
Planning Services Engineer representative, Hayley Brown
Health Department representative, Lauren Light
The following business was transacted:
I hereby certify that pursuant to a notice dated July 1, 2016. and duly published July 6. 2016,
in the Greeley Tribune, a public hearing was conducted to consider the request of Donald and
Cheryl Hackett, for an Amendment to a Site Specific Development Plan and Use by Special
Review. USR16-0014, (formerly known as USR-1536) for a Kennel (100 dogs - Dachshunds) and
any Use permitted as a Use by Right, Accessory Use, or 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 part of a map or plan fled 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. Bob Choate. Assistant County Attorney, made this a matter of record.
Kim Ogle, Department of Planning Services, presented a brief summary of the proposal and
stated the case was initiated due to a letter from the Department of Planning Services explaining
the violation of zoning regulations due to the operation of a commercial truck washing business
on -site. however, if the application is approved today it will correct the violation. He explained the
applicant wishes to retain the Kennel and be able to add the truck washing operation and the
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parking and storage of RVs and recreational vehicles. Mr. Ogle reviewed the location in relation
to relevant County roads and stated the site is within the three (3) mile referral area of Fort Lupton.
He reviewed the referral comments returned from the City of Fort Lupton and stated the applicant
met the obligation to meet with the City and discuss annexation. Mr. Ogle stated there are 14
surrounding property owners and there has been no objection received regarding this application.
He clarified the site is the applicant's home and there are no full-time employees. Mr. Ogle stated
there were ten (10) referrals sent out and five (5) responses received with comments that have
been taken into consideration. He displayed images of the site and surrounding properties and
entered the favorable recommendation of the Planning Commission into the record as written.
ca: Evan Pinkham, Department of Public Works representative, provided a brief overview of the
transportation plans and requirements, and stated the site is accessed from County Road (CR) 18
using Access Permit, AP#16-00244. He reviewed the average daily traffic counts and stated
tracking control will be required: however, an Improvements Agreement is not required.
Hayley Brown, Planning Services Engineer. presented the drainage and grading
requirements. stating a drainage report has been submitted and the Use will not increase the
imperviousness of the site. She reviewed the typical items related to engineering to include the
grading requirements if disturbing more than an acre and stipulations to maintain historical flow
patterns and runoff amounts.
Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions and stated water is provided by a residential well permitted for a single-family dwelling,
lawn irrigation and the kennel: however, it cannot be used for washing of vehicles unless it is
re -permitted to a commercial use well. She explained the septic was permitted. in 2004, and is
only of a statement of existence. Ms. Light verified the septic would have to be evaluated if the
applicant wants to use it in conjunction with the business or it is acceptable to use a portable
toilet. She reviewed the requirements regarding the licensure for the kennel and the power
washing stipulations. Ms. Light clarified, per the applicant, the drivers perform the individual
maintenance needed on their trucks or vehicles and any waste is taken with them. She reviewed
Development Standards (DS) #8-20 which address typical Environmental Health items.
In response to Commissioner Conway. Ms. Light stated no other issues beyond the original
complaint.
Donald Hackett, applicant. stated he performed a lot of truck washing when the oil field was
going good and it has slowed down substantially. He clarified there is no inside washing, only the
outside of the trucks are washed and he explained the procedure and the water usage.
No public testimony was offered concerning this matter.
I2 In response to Commissioner Cozad, Mr. Hackett provided an approximation of the number
of vehicles he washes per week and explained his source of water used for the truck washing.
'' In response to Commissioner Conway, Mr. Hackett stated he would appreciate the extension
of the hours of operation. The Board agreed to change them to 5:00 a.m. to 9:00 p.m. specific to
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the truck washing operation. Mr. Hackett stated he has had no complaints from neighbors and
the trucks are parked further back on the property.
In response to Commissioner Conway, Mr. Hackett stated he will not need more than two
(2) employees. Ms. Light clarified two (2) employees is the max with the current septic situation.
In response to Commissioner Kirkmeyer, Mr. Ogle explained Condition of Approval #1.A
regarding proof of a viable source of water. The Board opted to delete this Condition.
Commissioner Cozad stated the applicant has the option to change the permitting on his well to
commercial if needed and also suggested a new DS regarding an adequate water supply for the
truck washing. Commissioner Kirkmeyer recommended amending DS #5 to specify the parking
area in relation to trucks, commercial vehicles and RVs. The Board concurred. She further
suggested changing DS #7 to stipulate existing landscaping/screening to be maintained. The
Board agreed. Commissioner Kirkmeyer recommended deleting DS #27. The Board agreed.
Commissioner Cozad suggested language for the new DS #15 related to an adequate water
supply in conjunction with the commercial truck washing operation because the USR follows the
land. The Board concurred. She further recommended the number of vehicles to be parked be
limited to prevent issues with new ownership in the future. Commissioner Kirkmeyer stated this is
not necessary because of the size of the lot and the designated parking area. After further
discussion. the Board chose not to make this change.
In response to Chair Freeman, Mr. Hackett indicated he has reviewed, and agrees to abide
by, the Conditions of Approval and Development Standards, as amended.
21 Commissioner Kirkmeyer moved to approve the request of Donald and Cheryl Hackett for
an Amendment to a Site Specific Development Plan and Use by Special Review, USR16-0014,
(formerly known as USR-1536) for a Kennel (100 dogs - Dachshunds) and any Use permitted as
a Use by Right, Accessory Use, or 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 part
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, based on the
recommendations of Planning staff and the Planning Commission, with the Conditions of Approval
and Development Standards as amended and entered into the record. The motion was seconded
by Commissioner Conway, and it carried unanimously. There being no further discussion, the
hearing was completed at 10:46 a.m.
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This Certification was approved on the 15th day of August, 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dith4) aC.Lto;oks
Weld County Clerk to the Board
BY.
APP
ty
ounty Attorney
Date of signature: ia(-I
1
eve Moreno
Mike Freeman, Chair
D
rbara Kirkmeye
2016-2397
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ATTENDANCE LIST
DATE: 81(011U
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