HomeMy WebLinkAbout20162589.tiffBEFORE THE WELD COUNTY. COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Michael Wailes. 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 USR16-0015
APPLICANT KENNETH & RANA BACHMAN. CIO TANNER HILL
PLANNER, KIM OGLE
REQUEST A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR A
KENNEL (UP TO 75 DOGS. SIX (6) MONTHS OF AGE OR OLDER OF A NON-
SPECIFIC BREED TO INCLUDE DOGGIE DAYCARE AND BOARDING). IN THE A
(AGRICULTURAL) ZONE DISTRICT
LEGAL DESCRIPTION LOT 1 BACHMAN CONVEYANCE PLAT PART OF SECTION 18. T2N R68W OF
THE 6TH P M . WELD COUNTY. COLORADO
LOCATION NORTH OF AND ADJACENT TO CR 20 5 APPROXIMATELY 0 5 MILES EAST OF
CR 1
be recommended favorably to the Board of County Commissioners for the following reasons_
1 The submitted materials are in compliance with the application requirements of Section 23-2-260 of
the Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23-
2-220 of the Weld County Code as follows.
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
B 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.
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 Mountain View Fire Rescue. as stated in the
referral response dated May 20, 2016. Written evidence of such shall be submitted to the Weld
County Department of Planning Services. (Department of Planning Services)
B The applicant shall provide written documentation that a license under the Pet Animal Care
Facilities Act (PACFA) has been issued. The documentation shall be submitted to Weld County
Department of Planning Services (Department of Planning Services)
The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR16-0015 (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)
RESOLUTION USR16-0015
KENNETH & RANA BACHMAN O/O TANNER HILL
PAGE 2
5. The map shall delineate the screening (Department of Planning Services)
6. The map shall delineate the lighting (Department of Planning Services)
7 The applicant shall show the drainage flow arrows. (Department of Planning Services -
Engineer)
8 Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property. (Department of Planning Services -Engineer)
9 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)
10. The applicant shall submit an updated Parking Plan to the Department of Planning
Services for review and approval. This updated parking plan shall show the dimensions
of the drives and the parking stalls including the ADA parking stalls. The applicant shall
comply with Appendix 23-B of the Weld County Code and the Section 208 of the 2010
Americans with Disability Act and provide an adequate number of parking stalls Two (2)
parking stalls are required for the residence and ten (10) parking stalls are required for
the kennel/vet business. One (1) of the 10 required parking stalls shall meet the
requirements of ADA. Further. the applicant shall delineate curb stops for the parking
spaces shown on the Use by Special Review map (Department of Planning Services)
11, County Road 20 1/2 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)
12 Show and label the approved access (AP16-00241). and the appropriate turning radii on
the site plan (Department of Public Works)
13 Show and label the entrance gate set back a minimum of 100ft from edge of shoulder, as
applicable (Department of Public Works)
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 orArcGIS Personal GeoDataBase (MDB) The preferred format
for Images is .tif (Group 4) (Group 6 is not acceptable) This digital file may be sent to
mapsco weld co us (Department of Planning Services)
RESOLUTION USR16-0015
KENNETH & RANA BACHMAN O/O TANNER HILL
PAGE 3
5 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)
6. Prior to the Certificate of Occupancy
A. An Onsite Wastewater Treatment System is required for the proposed facility and shall be
installed according to the Weld County Individual Sewage Disposal Regulations. The septic
system is required to be designed by a Colorado Registered Professional Engineer according to
the Weld County Individual Sewage Disposal Regulations. (Department of Planning Services)
B. The applicant shall submit written evidence of a water tap to the Department of Planning Services
and the Department of Public Health and Environment. (Department of Planning Services)
7. 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)
Motion seconded by Joyce Smock.
VOTE:
For Passage
Joyce Smock
Michael Wailes
Terry Cross
Cherilyn Barringer
Tom Cope
Against Passage Absent
Bruce Johnson
Bruce Sparrow
Gene Stifle
Jordan Jemiola
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 Commissioner's 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 August 2. 2016_
Dated the 2"" of August, 2016
^Ll'bbrw 41.446,4eu
Kristine Ranslem
Secretary
Digitally signed by Kristine Ranslem
Date: 2016.08.04 10:07:25 -06'00'
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Tanner Hill
USR16-0015
1. A Site Specific Development Plan and Special Review Permit. USR16-0015 fora kennel (up to 75 dogs,
six (6) months of age or older to include doggie daycare and boarding). 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 TOO a.m. through 6-00 p.m. Monday —Sunday as stated in the application.
(Department of Planning Services)
4. The number of employees is twelve (12) 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 landscape/screening on the site shall be maintained. (Department of Planning Services)
8. The lighting on site shall be maintained. (Department of Planning Services)
9. 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)
10. 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)
11 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)
12. 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)
13. 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)
14. Adequate drinking, hand washing and toilet facilities shall be provided for employees, volunteers and the
public. at all times. For employees. public or volunteers on site for less than 2 consecutive hours a 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 licensed in Weld County and shall contain hand sanitizers. (Department of Public
Health and Environment)
15. Any septic system located on the property must comply with all provisions of the Weld County Code,
pertaining to On -site Wastewater Treatment Systems. A permanent. adequate water supply shall be
provided for drinking and sanitary purposes. (Department of Public Health and Environment)
16. 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)
RESOLUTION USR16-0015
KENNETH & RANA BACHMAN 0/0 TANNER HILL
PAGE 5
17. The applicant shall comply with the Colorado Department of Agriculture (CDA). Division of Animal Industry
regulations. (Department of Public Health and Environment)
18. 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)
19. 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)
20. The property owner shall control noxious weeds on the site. (Department of Public Works)
21 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)
22. There shall be no parking or staging of vehicles on public roads On -site parking shall be utilized.
(Department of Public Works)
23. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Planning
Services - Engineer)
24. 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)
25. The land use permit associated with the kennel is non-transferrable and shall expire upon the sale or
conveyance of ownership associated with the land. (Department of Planning Services)
26. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
27. 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.
28. 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
29. 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.
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
RESOLUTION USR16-0015
KENNETH & RANA BACHMAN 0/O TANNER HILL
PAGE 6
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: Weld County is one of the most productive agricultural counties in
the United States, typically ranking in the top ten counties in the country in total market value of
agricultural products sold. The rural areas of Weld County may be open and spacious. but they are
intensively used for agriculture. Persons moving into a rural area must recognize and accept there are
drawbacks. including conflicts with long-standing agricultural practices and a lower level of services than
in town_ Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural
areas: open views, spaciousness, wildlife. lack of city noise and congestion, and the rural atmosphere
and way of life. Without neighboring farms. those features which attract urban dwellers to rural Weld
County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities
will generate off -site impacts. including noise from tractors and equipment: slow -moving farm vehicles on
rural roads: dust from animal pens. field work. harvest and gravel roads: odor from animal confinement.
silage and manure: smoke from ditch burning: flies and mosquitoes. hunting and trapping activities:
shooting sports, legal hazing of nuisance wildlife: and the use of pesticides and fertilizers in the fields,
including the use of aerial spraying. It is common practice for agricultural producers to utilize an
accumulation of agricultural machinery and supplies to assist in their agricultural operations. A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural and
urban areas of the County. Section 35-3.5-102. C.R S.. provides that an agricultural operation shall not be
found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs
methods or practices that are commonly or reasonably associated with agricultural production
Water has been, and continues to be. the lifeline for the agricultural community. It is unrealistic to assume
that ditches and reservoirs may simply be moved "out of the way" of residential development. When
moving to the County. property owners and residents must realize they cannot take water from irrigation
ditches. lakes. or other structures. unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4.000) square miles in size (twice the
size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and
county roads outside of municipalities. The sheer magnitude of the area to be served stretches available
resources. Law enforcement is based on responses to complaints more than on patrols of the County,
and the distances which must be traveled may delay all emergency responses. including law enforcement,
ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and
families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not
provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads
from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in
rural areas, in many cases. will not be equivalent to municipal services. Rural dwellers must. by
necessity. be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment. ponds and irrigation ditches. electrical power for pumps and center
pivot operations, high speed traffic, sandburs. puncture vines, territorial farm dogs and livestock. and open
burning present real threats Controlling children's activities is important, not only for their safety. but also
for the protection of the farmer's livelihood.
174C M v-ie-S
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday August 2, 2016
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 Michael
Wailes. at 12:30 pm.
Roll Call.
Present: Joyce Smock, Michael Wailes. Bruce Sparrow. Terry Cross. Bruce Johnson, Gene Stifle. Cherilyn
Barringer, Tom Cope.
Absent: Jordan Jemiola.
Also Present: Kim Ogle and Diana Aungst. Department of Planning Services: Hayley Brown. Department
of Planning Services — Engineering Division; Lauren Light and Ben Frissell. Department of Health; Evan
Pinkham. Public Works: Bob Choate. County Attorney, and Kris Ranslem, Secretary.
Motion: Approve the July 19. 2016 Weld County Planning Commission minutes. Moved by Bruce Johnson,
Seconded by Joyce Smock. Motion passed unanimously.
CASE NUMBER
APPLICANT
PLANNER.
REQUEST
LEGAL DESCRIPTION
LOCATION.
U S R 16-0015
KENNETH & RANA BACHMAN. C/O TANNER HILL
KIM OGLE
A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR
A KENNEL (UP TO 75 DOGS. SIX (6) MONTHS OF AGE OR OLDER OF A NON-
SPECIFIC BREED TO INCLUDE DOGGIE DAYCARE AND BOARDING). IN THE
A (AGRICULTURAL) ZONE DISTRICT
LOT 1 BACHMAN CONVEYANCE PLAT PART OF SECTION 18. T2N R68W OF
THE 6TH P M . WELD COUNTY, COLORADO
NORTH OF AND ADJACENT TO CR 20 5 APPROXIMATELY 0.5 MILES EAST
OF CR 1
Kim Ogle. Planning Services. presented Case USR16-0015, reading the recommendation and comments
into the record. Four (4) letters of opposition were received which cited lower property values. traffic,
commercial business in agricultural area and barking of dogs. Mr. Ogle noted that several letters were
received in support of the proposed kennel. The Department of Planning Services recommends denial of
this application. Should the Planning Commission recommend approval of this application. staff requested
that the attached conditions of approval and development standards be included.
Commissioner Sparrow inquired if they are asked to make judgments on the legality of this use in a
conservation easement or on the compatibility with the conservation easement. Bob Choate. County
Attorney. said they need to decide if it is compatible with the conservation easement. He added that the
determination should be relevant to Chapter 23. Because the conservation easement is held by the City of
Longmont it is also relevant to the Coordinated Planning Agreement in Chapter 19 of the Weld County
Code_
Commissioner Johnson asked if the land itself is part of the conservation easement. Mr. Ogle replied that
the 3 acre parcel. which is no longer within the City of Longmont's jurisdiction, is part of that conservation
easement.
Evan Pinkham, Public Works. reported on the existing traffic and access to the site.
Hayley Brown, Engineering, reported on the 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.
Tanner Hill, 11774 Quail Road. Longmont, Colorado. stated that this request is for an animal care facility.
He said that he currently operates an animal care facility in Weld County and has been operating for about
nine (9) years.
EXHIBIT
13
Mr. Hill said that there are only two (2) residencies surrounding the property. He visited both property
owners and discussed his proposal with them. In the initial discussion with Ms. Scarbrough, she was very
concerned with the project and at the end of the conversation it was important that she needed to discuss
it with her husband. After having a conversation with her husband it was a consensus that they were not
interested in having an animal facility next to them. He added that Mr. Moisan had no interest of having
dogs on a property near him.
Mr. Hill said that the biggest piece of the puzzle is the conservation easement and is only on this 3 acre
parcel. He said that because of the misunderstanding that the City of Longmont has about the proposed
use, they (Longmont) believe it violates the terms of the conservation easement and therefore
recommended that Weld County deny the use. Additionally, because the City of Longmont owns the
conservation easement the applicant must also adhere to the City of Longmont's codes. According to the
City of Longmont's terms of the conservation easement, the purpose of the easement is to limit the use of
the property into perpetuity to a single-family residence and agricultural uses. After speaking with Erin
Fosdick, City of Longmont Community Development and Planning, he added that from a planning stand
point Longmont has no issue with this project; however it is simply the conservation easement that is
attached to this property.
Commissioner Sparrow asked if this is a State conservation easement or does it belong to the City of
Longmont. Mr. Hill replied that it belongs to the City of Longmont.
Mr. Hill said that according to the City of Longmont's codes, they do not view a kennel as an agricultural
use. The City of Longmont currently allows kennels only as a conditional use in their general industrial
zoning district. The misunderstanding is that Weld County does not differentiate in their zoning code
regarding kennels; however the City of Longmont does. He added that in Longmont's definition of an
Animal Care Facility for dogs means a licensed facility providing household pet care and other similar
services that may include overnight boarding. The definition of Animal Kennel means a licensed facility
where household pets are kept for the purpose of sale and breeding. Mr. Hill stated that his proposal is
being referred to as a kennel; however this is not a kennel as there will be no breeding or sale of dogs. He
further added that Animal Care Facilities with no outdoor activity they are permitted as a use by right in the
agricultural zone district. If there are outdoor activities, an Animal Care Facility is subjected to limited use
review in the agricultural zone district requiring the Planning Department Director to determine whether the
use will impact surrounding properties and if so to impose conditions to mitigate those. He added that he
is willing and happy to mitigate any concerns or issues from surrounding property owners or the City of
Longmont.
Mr. Hill said he is proposing a daycare and boarding facility for dogs. He intends for the facility to look like
a farm. The boarding facility will be in a barn and the outside areas are equivalent to pastures. He added
that there will also be a residence located on site in which one of his employees will reside.
Commissioner Johnson asked why he is starting a new location. Mr. Hill said that the demand of his
services have shown a need for another location. He added that several of his customers have asked for
him to expand.
Commissioner Smock said she doesn't understand how Longmont carries a conservation easement in Weld
County. Mr. Choate said a conservation easement is a private property right and needs to be owned by a
governmental entity or a non-profit that is at least two years old. He added that it is not the City reaching
extraterritorially in zoning issues; however it is the City presumably having contract by purchasing of private
property right. He added that it has nothing to do with the jurisdiction of where it lies.
Commissioner Stille asked legal counsel about what he sees as an issue in regard to the Coordinated
Planning Agreement with Longmont. Mr. Choate said he doesn't anticipate that the decision made by the
Planning Commission or the Board of County Commissioners will have any bearing on the injunction that
might come after the decision is made. He reiterated that you are not here to decide whether this violates
the conservation easement but to decide if this complies with Chapter 23 of the Weld County Code. He
added that Chapter 19 contains all of the Coordinating Planning Agreements with the various municipalities,
including Longmont. The City of Longmont's referral states that they believe this is not compatible due to
the conservation easement. He added that the zoning code of Longmont has nothing to do with this, so his
2
discussion of the reasons why it is compatible is relevant but the discussion on the Longmont Zoning Code
is not.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Dan Wolford. City of Longmont Open Space Coordinator. 7 South Sunset. Longmont. Colorado. stated that
the response you heard from your attorney is the same they have heard from their attorneys as well He
wants to look at the intent of the conservation easement He added that the City of Longmont purchased
the 505 acre parcel in 2001 and the 3 acre parcel was pulled out to be subdivided for the intent of Mr.
Bachman He added that Mr Bachman was the accountant for Don Sherwood who sold this property to
the City of Longmont. Additionally. the City of Longmont owns several acres in the proximity and have
been able to preserve that as open space. In 2010. the conservation easement was an agreement between
Mr. Bachman and the City of Longmont. The City of Longmont's intent of agricultural uses are row crop
and grazing rather than the wide variety included in Weld County's code
Commissioner Smock asked if it would be the same if he had chickens or sheep. Mr. Wolfort said that they
would have to review that from a perspective of an agricultural use and traffic volume.
Commissioner Cross asked if the City of Longmont would stop this after approval was given from the
Planning Commission and Board of County Commissioners. Mr. Wolford said that they would likely pursue
an injunction.
Commissioner Stille asked why Longmont didn't purchase this property. Mr Wolford said they purchased
the 505 acres surrounding this property and at the time this 3 acre parcel was held back for Mr Bachman
to build a residence.
Aryn Scarbrough and Buck Scarbrough. Ms. Scarbrough said that they don't have a lot of acres but it is
their home. She added that the distance from her property line and the property line of the proposed site
is 60 feet. Ms. Scarbrough said that the realtors they have spoken to said that having a dog kennel so
close to their home will impact their property value She also expressed concern regarding the wildlife in
the area.
Buck Scarbrough reiterated that there is currently a lot of wildlife in the area and added that commercial
property does not belong next to a residential property
Commissioner Wailes said that he appreciated their position; however of the uses allowed in Weld County.
he believes this is a low impact According to the Weld County Code a dairy operation would be allowed
and a variety of other intense uses could be located there and he added that he believes a kennel is a low
impact business He asked Mr and Mrs. Scarbrough what they would like to see on this property. Mr.
Scarbrough said that when they purchases their property they were told that this proposed site was going
to be a residence and that is what they would like to see. Ms. Scarbrough said that the barking is a big
issue and the decrease in their property values.
Mr. Hill said that the Scarbrough's concerns are a real issue for him and he wants to work with them and
try and mitigate their concerns. He said the 75 dogs and the proposed site plan are not set in stone. He
has asked the Scarbroughs and the City of Longmont to meet and discuss options on the layout of the
property to benefit all. He said that in the development standards they are required to house the dogs at
certain hours and added that they do not provide daycare on the weekends. Mr Hill said that the dogs will
bark but they will make every effort to keep them from not barking and preventing the neighbors from
enjoying their quality of life.
Commissioner Wailes asked if there are any requirements for the dogs to go through prior to boarding or
daycare Mr Hill said that there is an interview prior to accepting the dogs and a socialization period with
other dogs at the facility's dog playground. This is set for the safety for staff as well as the other dogs. The
owner also is required to fill out an application and provide vaccination records.
Commissioner Cope asked what the distance is from the centerline of the road to the outdoor dog area.
Mr. Hill estimated that it is approximately 150 feet from the road.
3
Commissioner Barringer asked if he would be willing to put up a privacy fence next to the road to eliminate
the dogs running or barking Mr Hill replied that he would be happy to put up a 6 foot privacy fence.
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 USR16-0015 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 Michael Wailes, Seconded by Joyce Smock.
Commissioner Wailes cited Section 23-3-40 H and Section 23-3-40_J and added that this is permitted in
Weld County in the agricultural zone district_ In the way the applicant has described how he will operate
the facility. he believes it could fall under Section 23-3-40.C.5 which is under the recreational aspect of a
guest farm or hunting lodge Mr. Wailes added that by approving USR14-0004 which is very close to this
property for a reptile sanctuary and was located in a subdivision set a precedent for this He added that it
is the best interest of the applicant to have those animals be happy. healthy and safe including surrounding
properties. He added that this is a very low impact compared to what could occur on site in the agricultural
zone district.
Vote: Motion passed (summary: Yes = 5. No = 3. Abstain = 0).
Yes: Cherilyn Barringer. Joyce Smock, Michael Wailes. Terry Cross. Tom Cope
No: Bruce Johnson. Bruce Sparrow. Gene Stille.
Commissioner Cross encouraged the applicant to do as much as he can to satisfy the neighbors and their
concerns
Commissioner Johnson complimented the applicant on his proposal and existing operation However, he
doesn't feel that the contract between the landowner and the City of Longmont should be breached_
Commissioner Stille agreed with Mr Johnson's comments and added that it is not compatible with the
surrounding uses.
Commissioner Cope understands the neighbor's concerns. However. he doesn't feel that dog kennels
should be located in industrial areas as it is stressful for dogs_ He understands the Coordinated Planning
Agreement between Weld County and the City of Longmont and added that we take that very seriously.
however he believes this is the right location for the proposed project He believes it is still an agricultural
use in Weld County.
Commissioner Smock agreed with Mr Copes comments
Commissioner Sparrow said that he doesn't feel it is compatible with the surrounding area
Meeting adjourned at 3.17 pm
Respectfully submitted,
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Kristine Ranslem
Secretary
Digitally signed by Kristine Ranslem
Date: 2016.08.04 11:29:12 -06'00'
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