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HomeMy WebLinkAbout20160084.tiff BEFORE THE WELD COUNTY , COLORADO. PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Bruce Johnson, 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 USR15-0044 APPLICANT SAGE BRUSH . LLC C/O RANDY JACKSON & RAINBOW BRIDGE PET CREMATORIUM PLANNER DIANA AUNGST REQUEST A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW FOR ANY USE PERMITTED AS A USE BY RIGHT AN ACCESSORY USE OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (PET MEMORIAL. EUTHANASIA, & CREMATORY AND RV STORAGE) 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 ONE ( 1 ) SINGLE-FAMILY DWELLING UNIT PER LOT OTHER THAN THOSE PERMITTED UNDER SECTION 23-3-20 A ( SECOND SINGLE-FAMILY DWELLING UNIT) IN THE A (AGRICULTURAL) ZONE DISTRICT. LEGAL DESCRIPTION SUB EXEMPT SE-1053 BEING PART SW4 SECTION 18, T5N R67W OF THE 6TH P M . WELD COUNTY. COLORADO LOCATION EAST OF AND ADJACENT TO CR 13 APPROXIMATELY ONE-QUARTER MILE NORTH OF CR 56 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. Section 22-2-20. G - A . Goal 7 states. "County land use regulations should protect the individual property owner's right to request a land use change. " Arid Section 22-2-20. G. 2 - 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 he compatible with the region. " The application materials state that the RV storage will occur in five (5) 10.000 square foot buildings. There will be no outdoor storage. There will be two new homes built on the site . The existing residence on the site will be converted to an office and the other buildings will be demolished. Adequate parking is being proposed and a new 6 foot chain link fence around the RV storage buildings will be installed for security New landscaping is proposed to screen the RV storage buildings from CR 13 . The existing trees will also be maintained on the site. The lighting on the site is proposed to be building mounted and downcast. The screening , downcast lighting . and landscaping will assist in mitigating the impacts of the facility on the adjacent properties The subject site is in an area that can support this development and is compatible with the region . 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 and 23-3-40. M . which allows a Site Specific Development Plan and Use by Special Review Permit for any Use Permitted as a Use By Right. an Accessory Use. or a Use By Special Review in the Commercial or Industrial Zone Districts pet memorial . euthanasia, and crematory and RV storage) 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 in the A (Agricultural) Zone District C . Section 23-2-220 A. 3 -- The uses which will be permitted will be compatible with the existin • surrounding land uses. EXHIBIT I A U„5>R-\'&-D&.4. RESOLUTION USR15-044 SAGE BRUSH LLC 0/O RANDY JACKSON & RAINBOW BRIDGE PET CREMATORIUM PAGE 2 The existing adjacent land uses include crops. rural residences. an asphalt batch plant. and the Union Pacific Railroad The closest residence is south of site on the adjacent parcel_ There are five (5) USRs located within one mile of this parcel . USR15-0027 for an asphalt batch plant is located northeast of the site USR15-0028 for a wedding venue is located about one-half mile to the east of the site. SUP-154 for a 2 ,850 head feed lot is located southeast of the site. USR-818 for a single family residence is located about one mile to the south of the site. USR- 1041 fora 12 inch gas line is located north of the site along U . S Highway 34 . The Weld County Department of Planning Services has received two letters objecting to this USR. The letters outline concerns with the aesthetics of the chain link fence and general compatibility with the area The Development Standards for this proposal 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 the three (3) mile referral area of the City of Greeley and the Towns of Windsor and Johnstown . The Town of Windsor in their referral comments dated August 18, 2015, the Town of Johnstown in their referral comments dated November 23, 2015 , and the City of Greeley in their referral comments, dated August 13, 2015, indicated that they have no concerns. E . Section 23-2-220.A. 5 -- The application complies with Chapter 23, Article V. of the Weld County Code The existing site is within the County-Wide Road Impact Fee Area and the Capital Expansion Impact Fee area Building Permits issued on the lot will be required to adhere to the fee structure of the County-Wide Road Impact Fee Program . 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 proposed facility is located on soils designated as -Prime (Irrigated)" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. The USR will take about 7 acres of Prime (Irrigated) Farmland out of production however the property is too small to farm . 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 RESOLUTION USR15-044 SAGE BRUSH LLC 0/0 RANDY JACKSON & RAINBOW BRIDGE PET CREMATORIUM PAGE 3 The Planning Commission recommendation for approval is conditional upon the following - 1 . Prior to recording the map A A Final Drainage Report and Certification of Compliance stamped and signed by a Professional Engineer registered in the State of Colorado is required . Other items required the outlet and spillway details . maintenance plan . and stamped grading plans. (Department of Planning Services-Engineer) B The applicant shall submit a traffic narrative that addresses potential site restrictions with north bound CR 13 and NW bound UP train traffic. (Department of Planning Services-Engineer) C The map shall be amended to delineate the following 1 ) All sheets of the map shall be labeled USR15-0044. (Department of Planning Services) ) 2) The attached Development Standards. ( Department of Planning Services) 3) The map shall be prepared per Section 23-2-260. D of the Weld County Code. (Department of Planning Services) 4) The applicant shall delineate 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) 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) 6) County Road 13 is a paved road and is designated on the Weld County Road Classification Plan as an arterial road which requires 140 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 Planning Services - Engineer) 7) Show and label the approved accesses (AP15-00405), removed accesses. and turning radii on the site plan (Department of Public Works) 8) Show and label the approved tracking control on the site plan. ( Department of Planning Services - Engineering) 9) Show and label the accepted drainage features and drainage flow arrows on the site plan . Water quality features or stormwater ponds should be labeled as "Water Quality Feature/Stormwater Detention, No-Build or Storage Area, Volume = ?" (Department of Planning Services-Engineer) 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) RESOLUTION USR15-044 SAGE BRUSH LLC CIO RANDY JACKSON & Rainbow bridge pet crematorium PAGE 4 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 sent to maps(co_weld.co. us. (Department of Planning Services) 5 Prior to Construction: A. The approved access and tracking control shall be constructed prior to on-site construction . (Department of Planning Services - Engineer) B If more than one ( 1 ) acre is to be disturbed, a Weld County Grading Permit will be required. (Department of Planning Services - Engineer) 6. Prior to the issuance of any Certificate of Occupancy. A An onsite wastewater treatment system is required for the proposed facility and shall be installed according to the Weld County Onsite Wastewater Treatment System Regulations The septic system is required to be designed by a Colorado Registered Professional Engineer according to the Weld County Onsite Wastewater Treatment System Regulations (Department of Public Health and Environment) 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 Gene Stille. VOTE For Passage Against Passage Absent Benjamin Hansford Bruce Johnson Bruce Sparrow Jordan Jemiola Joyce Smock Michael Wailes Nick Berryman Terry Cross Gene Stille 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 RESOLUTION USR15-044 SAGE BRUSH LLC O1O RANDY JACKSON & Rainbow badge pet crematorium PAGE 5 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 December 1 , 2015. Dated the 1st of December, 2015. Digitally signed by Kristine L Sdfl � `� Ranslem Date: 2015.12.04 10:39:02 -07'00' Kristine Ranslem Secretary SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Sage Brush LLC . c/o Randy Jackson USR15-0044 1 . A Site Specific Development Plan and Use by Special Review Permit for any Use Permitted as a Use By Right, an Accessory Use, or a Use By Special Review in the Commercial or Industrial Zone Districts (pet memorial, euthanasia, and crematory and RV storage) 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 one ( 1 ) single-family dwelling unit per lot other than those permitted under Section 23-3-20.A (second single-family dwelling unit) 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 number of on-site employees shall be 11 full-time employees. as stated by the applicant. (Department of Planning Services) 4. The hours of operation will be: Pet Crematory Monday - Friday 9:00 a.m. - 5:00 p. m . Saturday 9:00 a. m . - 3:00 p. m . Sundays and Holidays by appointment only RV Storage 24 hours a day / 7 days a week, as stated by the applicant. (Department of Planning Services) 5. The parking on the site shall be maintained. (Department of Planning Services) 6. The landscaping/screening on the site shall be maintained. (Department of Planning Services) 7 . 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) 8 . No derelict vehicles. as defined in Section 23- 1 -90 of the Weld County Code, shall be stored on the site. (Department of Planning Services) 9 No hazardous materials shall be stored on site. (Department of Planning Services) 10. There shall be no storage of industrial and/or commercial vehicles, equipment and materials allowed on site. (Department of Planning Services) 11 . There will be no more than 15 chambers in the crematory building . (Department of Planning Services) 12 Should noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15. Articles I and II . of the Weld County Code. (Department of Planning Services - Engineer) 13. The site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking . (Department of Planning Services - Engineer) 14 . There shall be no parking or staging of vehicles on public roads. On-site parking shall be utilized. (Department of Public Works) RESOLUTION USR15-044 SAGE BRUSH , LLC C/O RANDY JACKSON & Rainbow bridge pet crematorium PAGE 7 15. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Planning Services - Engineer) 16 . Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Planning Services - Engineer) 17 All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20- 100.5, C. R.S. , as amended) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 18. 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. , as amended . (Department of Public Health and Environment) 19 . 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) 20. 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) 21 . This facility shall adhere to the maximum permissible noise levels allowed in the Non-specified Zone as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and Environment) 22. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of the facility, at all times. 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) 23 . Sewage disposal for the facility shall be by septic system . 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) 24. In the event the existing septic system is utilized for business use. the septic system shall be reviewed by a Colorado registered professional engineer if the usage surpasses septic permit SE-0400149 sizing limitations. 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) 25. The facility shall comply with the Air Pollution Emission Notice (APEN) permit requirements, as stipulated by the Air Pollution Control Division of the Colorado Department of Public Health and Environment. (Department of Public Health and Environment) 26 . 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) RESOLUTION USR15-044 SAGE BRUSH LLC O/O RANDY JACKSON & Rainbow bridge pet crematorium PAGE 8 27 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) 28 A building permit may be required, per Section 29-3- 10 of the Weld County Code . Currently the following has been adopted by Weld County 2012 International Codes; 2006 International Energy Code. 2014 National Electrical Code: A building permit application must be completed and two 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 registered State of Colorado 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. RESOLUTION USR15-044 SAGE BRUSH . LLC CIO RANDY JACKSON & RAINBOW BRIDGE PET CREMATORIUM PAGE 9 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 . rec, MnNV1ES L7- t % 115 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday. December 1 , 2015 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, Jordan Jemiola. at 12: 30 pm. Roll Call . Present: Benjamin Hansford . Bruce Johnson, Bruce Sparrow, Gene Stille. Jordan Jemiola, Joyce Smock, Michael Wailes. Nick Berryman , Terry Cross. Also Present. Kim Ogle, Chris Gathman. Diana Aungst, and Tom Parko, Department of Planning Services: Wayne Howard. and Jennifer Petrik. Department of Planning Services — Engineering Division: Lauren Light. Department of Health , Bruce Barker. County Attorney, and Kris Ranslem. Secretary. Motion : Approve the November 17. 2015 Weld County Planning Commission minutes. Moved by Benjamin Hansford , Seconded by Bruce Johnson . Motion passed unanimously. CASE NUMBER. USR15-0044 APPLICANT SAGE BRUSH , LLC O/O RANDY JACKSON & RAINBOW BRIDGE PET CREMATORIUM PLANNER DIANA AUNGST REQUEST A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW FOR ANY USE PERMITTED AS A USE BY RIGHT. AN ACCESSORY USE . OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (PET MEMORIAL, EUTHANASIA. & CREMATORY AND RV STORAGE) 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 ONE ( 1 ) SINGLE-FAMILY DWELLING UNIT PER LOT OTHER THAN THOSE PERMITTED UNDER SECTION 23-3- 20 A (SECOND SINGLE-FAMILY DWELLING UNIT) IN THE A (AGRICULTURAL) ZONE DISTRICT LEGAL DESCRIPTION SUB EXEMPT SE-1053 BEING PART SW4 SECTION 18, T5N R67W OF THE 6TH P M . WELD COUNTY, COLORADO LOCATION EAST OF AND ADJACENT TO CR 13 APPROXIMATELY ONE-QUARTER MILE NORTH OF CR 56 Michael Wades stated that he has used the services from Rainbow Bridge Pet Crematorium: however he feels that he can be fair and impartial in this case. Diana Aungst. Planning Services. presented Case USR15-0044 . reading the recommendation and comments into the record Ms Aungst noted that two (2) letters of opposition were received for this case. The letters outline concerns with the aesthetics of the chain link fence and general compatibility with the area. The Department of Planning Services recommends approval of this application with the attached conditions of approval and development standards Wayne Howard. Engineering. reported on the existing traffic, access and drainage conditions and the requirements on site. Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on-site dust control , and the Waste Handling Plan_ Curtis Koldeway, Hauser Architects. 3780 East 15'n Street. Loveland . Colorado, said that there will be pre-engineered metal storage buildings. The pet crematorium will also be a pre-engineered metal building_ The existing house will be renovated into an office for the pet memorial center. He added that the two new modular homes will be used as residences for on-site employees Randy Jackson, owner of Sage Brush LLC, stated that they met with five or six neighbors from the subdivision He said that they have been in business for 10 years with two locations in Windsor and Loveland and added that both locations are surrounded by residential areas. EXHIBIT The Chair asked if there was anyone in the audience who wished to speak for or against this application Dave Kisker. 6681 Apache Road, said that they would like to see consideration for the maximum of 15 chambers for pet crematorium He added that at the meeting they indicated that they do 800-1000 cremations per month among all of their locations. Mr Kisker referred to the location of the buildings and said that they are concerned with the railroad being blocked from the car traffic as they approach this crossing He added that it is an uncontrolled railroad crossing . Commissioner Sparrow asked if there is a stop sign at the crossing Mr. Kisker replied no and asked to consider lowering the speed limit along County Road 13 Janet Ross. 6248 CR 56. stated that they are not really opposed or in support of this case She would like to see vegetation on south side which would block their view of the facility. She is concerned about the railroad tracks and crossing as well and would like to see some controls put into place. Mr. Koldeway said that they will be providing landscape screening to screen the RV buildings from County Road 13. He said that there is some existing landscaping that will remain on site. He added that they could provide some trees that would block Ms. Ross's view of the facility Commissioner Sparrow asked the applicant how many chambers they intend to have for the pet crematorium. Lori Hiatt. 1166 Madison Avenue. Lot 96, Loveland. Colorado. stated that she is Mr. Jackson's business partner. She said that currently they have three (3) machines: one machine has four chambers and the other two machines are single chamber machines. Ms Hiatt said that they are looking at swapping out the two single chamber machines into a five chamber machine. Therefore. initially there could be up to 9 chambers with two machines She said that they do intend to reach 15 chambers and all the machines are inspected annually Commissioner Wailes asked what could be done with the railroad crossing . Mr. Howard said that the railroad has done some diagnostic work at this location but doesn't know that the results are available on what the outcome was on if this would warrant a signal currently He said that discussion about sight distance is a good one as there could be some visual block from the large proposed buildings. Mr. Howard suggested placing a condition of approval to read "The applicant shall submit a traffic narrative that addresses potential site restrictions with north bound CR 13 and NW bound UP train traffic. " He suggested that the applicants engineer look at this condition and the speeds of the traffic, the speed of the train and possible conflicts. Motion : Add Development Standard 11 to read "There will be no more than 15 chambers in the crematory building" , Moved by Benjamin Hansford . Seconded by Nick Berryman . Vote: Motion carried by unanimous roll call vote (summary : Yes = 9) Yes : Benjamin Hansford , Bruce Johnson . Bruce Sparrow, Gene Stifle, Jordan Jemiola. Joyce Smock, Michael Wailes. Nick Berryman. Terry Cross. Commissioner Jemiola asked if the applicant if they would be willing to place vegetation to the south of the site Mr Koldeway stated that they would be willing to add screening to the south part of the site. Motion : Add Condition of Approval 1 . B. 10 to read The applicant shall submit a traffic narrative that addresses potential site restrictions with north bound CR 13 and NW bound UP train traffic" . Moved by Bruce Johnson , Seconded by Joyce Smock . Vote: Motion carried by unanimous roll call vote (summary: Yes = 9) Yes : Benjamin Hansford. Bruce Johnson, Bruce Sparrow. Gene Stifle. Jordan Jemiola . Joyce Smock, Michael Wailes. Nick Berryman . Terry Cross. The Chair asked the applicant if they have read through the amended Development Standards and Conditions of Approval and if they are in agreement with those. The applicant replied that they are in agreement. 2 Motion : Forward Case USR15-0044 to the Board of County Commissioners along with the amended Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval . Moved by Bruce Johnson . Seconded by Gene Stille. Vote: Motion carried by unanimous roll call vote (summary : Yes = 9). Yes : Benjamin Hansford. Bruce Johnson. Bruce Sparrow. Gene Stille. Jordan Jemiola , Joyce Smock, Michael Wailes. Nick Berryman . Terry Cross. Meeting adjourned at 3: 57 pm . Respectfully submitted, Digitally signed by Kristine Ranslem 45\-1_ tax�,/'.1��i'Yl, Date: 2015. 12.04 09:32:06 -07'00' Kristine Ranslem Secretary 3 Hello