HomeMy WebLinkAbout20163792.tiffSUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, December 6, 2016
D'" 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 Chair, Bruce Sparrow, at 12:30 pm.
Roll Call.
Present: Bruce Johnson, Bruce Sparrow, Cherilyn Barringer, Gene Stille, Jordan Jemiola, Joyce Smock,
Michael Wailes, Terry Cross, Tom Cope.
Also Present: Diana Aungst, Department of Planning Services; Hayley Balzano, Department of Planning
Services — Engineering Division; Lauren Light, Department of Health; Evan Pinkham, Public Works; Bob
Choate, County Attorney, and Kris Ranslem, Secretary.
• Motion: Approve the November 15, 2016 Weld County Planning Commission minutes, Moved by Tom
Cope, Seconded by Joyce Smock. Motion passed unanimously.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR16-0034
BRANNAN SAND AND GRAVEL COMPANY LLC
DIANA AUNGST
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FORA MINERAL RESOURCE DEVELOPMENT INCLUDING OPEN PIT
MINING (SAND, GRAVEL AND STONE) AND MATERIALS PROCESSING
INCLUDING STOCKPILING, CRUSHING, SCREENING, RECYCLING
OPERATIONS AND IMPORTING OF RAW AND RECYCLED MATERIALS IN
THE 1-3 (INDUSTRIAL) ZONE DISTRICT.
SW4NE4/NW4SE4; N2SW4; S2NW4; ALL LOCATED IN SECTION 20, T1N,
R66W OF THE 6TH P.M., WELD COUNTY, COLORADO.
NORTH OF AND ADJACENT TO CR 6.25 AND APPROXIMATELY 0.25 MILES
WEST OF CR 29.
• Diana Aungst, Planning Services, presented Case USR16-0034, reading the recommendation and
comments into the record. Ms. Aungst noted that no letters were received from surrounding property
owners regarding the proposed project; however a phone call was received inquiring about this proposed
land use. The Department of Planning Services recommends approval of this application with the attached
conditions of approval and development standards.
• Evan Pinkham, Public Works, reported on the existing traffic and access to the site.
• Hayley Balzano, Engineering, reported on the drainage conditions for the site.
Dfr Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -
site dust control, and the Waste Handling Plan.
D' Tim Naylor, AGPROfessionals, 3050 67th Avenue, Greeley, Colorado, stated that he is representing
Brannon Sand and Gravel Company. Mr. Naylor stated that they are requesting to operate a mining
operation on approximately 213 acres in the 1-3 Zone District. The access to the site will be from County
Road 8. The site will be reclaimed to industrial use, as it was intended. The mining operation will last
approximately 10 to 20 years, depending on the demand of the material.
Commissioner Stille asked if they have considered reclaiming the site into a water reservoir. Mr. Naylor
stated that the City of Fort Lupton would like to see this developed as an industrial site rather than a water
storage site.
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Alex Schatz, Brannon Sand and Gravel, stated that Brannon Sand and Gravel Company has experience
developing water storage reservoirs; however that particular need has tapered off. The ability to deliver
water into this site is pretty limited and would require multiple pumping facilities. In discussion with the
Cities of Brighton and Fort Lupton, they understood the intention was to clean up the site and reclaim it to
industrial for potential employment.
Commissioner Sparrow commented that if you are hauling for 10 to 20 years, you will end up with a hole.
He asked if they will haul in material to fill it back in. Mr. Schatz said that they do intend to fill it with borrow
material to reclaim it to its original grade to be developed.
Mr. Schatz briefly explained that they will borrow from the overburdened adjacent cell and as they will move
into pastureland they will take off the topsoil, which has the composted manure material and what will end
up in the pit bottom, where there is groundwater, is clean native subsoil. Mr. Schatz added that they have
been working closely with Central Colorado Water Conservancy District.
Commissioner Stille said that the Railroad is conducive to hauling aggregate and asked if there is any
concerns with noise. Mr. Schatz said that the railroad was attractive to them; however he added that they
would need to go through land use permits to utilize the railroad. He added that rail access may happen in
the future but he indicated it would be unlikely.
• The Chair asked if there was anyone in the audience who wished to speak for or against this
application.
Richard Schara stated that he owns land south of this site. He expressed concern with all the tumbleweeds
that end up on his property and requested that the site be maintained regularly.
• Mr. Naylor said that according to Development Standard 12 they are required to maintain the weeds
on site.
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 USR16-0034 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 Jordan Jemiola, Seconded by Bruce Johnson.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 9).
Yes: Bruce Johnson, Bruce Sparrow, Cherilyn Barringer, Gene Stille, Jordan Jemiola, Joyce Smock,
Michael Wailes, Terry Cross, Tom Cope.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR16-0038
RICHARD MARTINEZ, C/O FUREVER DOG RESCUE & BOARDING, C/O
DEBBIE LINDER
DIANA AUNGST
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A KENNEL (RESCUE AND BOARDING OF 32 ANIMALS, BOTH
DOGS AND CATS) IN THE A (AGRICULTURAL) ZONE DISTRICT.
LOT 2 BLOCK 12 ARISTOCRAT RANCHETTES INC; PART OF SECTION 27,
T2N, R66W OF THE 6TH P.M., WELD COUNTY, COLORADO.
EAST OF ADJACENT TO WOODRUFF STREET AND SOUTH OF AND
ADJACENT TO MORRIS AVENUE.
• Diana Aungst, Planning Services, presented Case USR16-0038, reading the recommendation and
comments into the record. Ms. Aungst noted that one letter of objection was received concerning noise
and humane treatment of the animals. She added that one letter was received in support of the request.
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The Department of Planning Services recommends approval of this application with the attached conditions
of approval and development standards.
Evan Pinkham, Public Works, reported on the existing traffic and access to the site.
• Hayley Balzano, Engineering, reported on the drainage conditions for the site.
D. Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -
site dust control, and the Waste Handling Plan.
• Debbie Linder, 7894 Woodruff Street, Fort Lupton, Colorado, stated that most of the dogs are from
the City of Fort Lupton as she works with the animal control officer. Additionally, she works with Adams
County Animal Shelter as well as other agencies that need help. She provides vaccinations prior to
adoption of any animal.
Ms. Linder requested amending Development Standard 8 to change the hours that the dogs be kept indoors
between 7 pm and 6 am as she is required to be at her job at 7 am.
Commissioner Jemiola asked who watches the dogs when Ms. Linder is at work. Ms. Linder said that the
dogs are in dog runs or in crates in the house. Mr. Jemiola asked what happens when they escape from
the property. Ms. Linder said that she has two senior dogs that are outside during the day and there are
lids on top of the runs so they shouldn't be able to escape.
Ms. Barringer asked how she markets that she has dogs available and how many dogs are currently on the
property. Ms. Linder said that she posts the dogs on Facebook and added that she currently has three (3)
personal dogs and five (5) other dogs on site. Ms. Barringer clarified if there is anyone on site during the
day. Ms. Linder said that she works for the County so she gets a lot of days off as well as vacation days
that she takes to take care of the animals.
Commissioner Sparrow expressed concern for the neighbors and the dogs barking since there is no one
on site during the day. Ms. Linder said that she is having problems with the contractor who is setting up
the dog runs; however the dogs will have indoor/outdoor dog runs. She added that currently the two senior
dogs are the only ones that go outside during the day.
Commissioner Wailes indicated that "there will be" in several answers in the application and he is concerned
that the property is not currently ready to handle 32 animals. Ms. Linder said that she cannot handle them
until the dog kennels are completed. She added that the play yard is completed and ready.
Commissioner Wailes asked how long the applicant has been operating the rescue. Ms. Linder said that
she has rescued dogs for about one and one half years. He asked how long the dogs are typically located
on site. Ms. Under said that it could take one week to one month to find homes for them. She added that
her two senior dogs have been there six (6) months.
• The Chair asked if there was anyone in the audience who wished to speak for or against this
application.
David Freyta, 7933 Woodruff Street, stated that he lives across from the subject site. He said that he
doesn't believe this is a good site for a dog kennel as it is surrounded by residential properties. He is
concerned with dogs escaping and added that there is a school bus stop on the corner and is afraid it may
be a safety issue. He is very concerned with the constant barking.
• Steve Jones, 7843 Woodruff Street, stated that he agrees with Mr. Freyta's comments. He is
concerned with animal safety and asked what would happen if there is a fire and no one is home.
Additionally, the safety of the children at the school bus stop when the dogs are loose is a large concern.
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He added that the dogs have been in his yard several times. He also stated that his property has been
mistaken for the dog rescue.
Ms. Linder stated that after the community meeting she moved the dogs that were on the side of the
house over to where they will be. Therefore the dogs are not on the neighbors' side of the house anymore.
She has noticed that some of her rescue people have gone to the neighbors; therefore she plans to put up
a sign to eliminate that. Ms. Linder stated that she doesn't allow anyone to come late at night and prefers
that they come to see the animals during the daylight.
Commissioner Cope asked staff if it is required to have management or someone at a facility like this. Ms.
Aungst replied that it is not a County requirement to have anyone on site.
Motion: Amend Development Standard 8 to read "Dogs shall be kept indoors between 7:00 pm and
6:00 am", Moved by Bruce Johnson, Seconded by Michael Wailes. Motion carried unanimously.
The Chair asked the applicant if she has read through the amended Development Standards and
Conditions of Approval and if she is in agreement with those. The applicant replied that she is in agreement.
Motion: Forward Case USR16-0038 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
denial, Moved by Jordan Jemiola, Seconded by Cherilyn Barringer.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 9).
Yes: Bruce Johnson, Bruce Sparrow, Cherilyn Barringer, Gene Stille, Jordan Jemiola, Joyce Smock,
Michael Wailes, Terry Cross, Tom Cope.
Commissioner Jemiola cited Sections 23-2-220.A.3 and 23-2-220.A.7 and added that it is not compatible
with the existing surrounding land uses and there are no adequate provisions for the protection of health,
safety and welfare of the inhabitants of the neighborhood.
Commissioner Cross said that he feels like the applicant may not be far enough along in the process of
having the facility ready to take care of the number of animals she is requesting. He believes that the
applicant has a chance of being successful if the facility is built for more compatibility and safety.
Commissioner Cope said that the idea is admirable; however he feels it is the wrong time and the wrong
location as well as inadequate provisions at this time.
Commissioner Barringer commended the applicant's passion but just because you can doesn't mean you
should. She added that there are so many other ways to use your resources to help these dogs.
Commissioner Wailes echoed Commissioner Jemiola's citation of the Weld County Code. He said that the
applicant's intentions are golden and agrees with Ms. Barringer's comments. He added that he would love
to see the applicant be successful; however he doesn't feel she is ready to operate it at the scale she wants
to and that poses a problem for the animals, the applicant and the community. He encouraged the applicant
to phase the plan until she is ready for the full build -out.
Commissioner Smock said that having a facility like this is admirable but doesn't believe that the applicant
is ready to handle it at the scale she is proposing.
Commissioner Sparrow said that the applicant's passion is evident but believes that the neighbors
surrounding the applicant bought their property with the expectation that something like this would not
happen.
The Chair asked the public if there were other items of business that they would like to discuss. No one
wished to speak.
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The Chair asked the Planning Commission members if there was any new business to discuss. No one
wished to speak.
Meeting adjourned at 2:19 pm.
Respectfully submitted,
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Kristine Ranslem
Secretary
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