HomeMy WebLinkAbout20162386.tiffBEFORE 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
APPLICANT.
PLANNER
REQUEST
S
EXHIBIT
IL\
r
LEGAL DESCRIPTION
LOCATION
USR16-0014
DONALD & CHERYL HACKETT
KIM OGLE
A SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL
REVIEW PERMIT, USR-1536, FOR A KENNEL (100 DOGS - DACHSHUNDS)
AND ANY USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE. OR A
USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS. PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN
APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS PARTS OF A MAP
OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING
SUBDIVISIONS (WASHING OF COMMERCIAL VEHICLES, PARKING, STAGING
AND DISPATCHING OF TRUCKS, TRAILERS AND COMMERCIAL VEHICLES
AND PARKING AND STORAGE OF RVS) IN THE A (AGRICULTURAL) ZONE
DISTRICT
LOT A REC EXEMPT RE -1871, BEING PART W2SW4 SECTION 22, T2N. R66W
OF THE 6TH P.M., WELD COUNTY, COLORADO
NORTH OF AND ADJACENT TO CR 18: APPROXIMATELY 980 FEET EAST OF
CR 31.
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 - A. Goal 1 states, "Respect and encourage the continuation of agricultural land uses
and agricultural operations for purposes which enhance the economic health and sustainability of
agriculture."
The parcel on which the small breeders kennel facility is located is approximately 5 acres in area. Per
the application, the dogs that create a nuisance condition with their barking are debarked and the
dogs will be kept inside in a climate controlled building between 8:00 p.m. and 9:00 a.m. daily.
Section 22-2-100.A - C. Goal.1 states "Promote the location of commercial uses within municipalities,
County Urban Growth Boundary areas, Intergovernmental Agreement urban growth areas, growth
management areas as defined in municipal comprehensive plans, the Regional Urbanization Areas,
Urban Development Nodes or where adequate services are currently available or reasonably
obtainable."
Section 22-2-20.G.7 - A. Policy 7.2 states, "Conversion of agricultural land to nonurban residential,
commercial, and industrial uses should be accommodated when the subject site is in an area that can
support such development, and should attempt to be compatible with the region."
The property has an approved Division of Water Resources permit for ordinary household purposes
inside one single family dwelling, lawn and garden irrigation and a commercial dog kennel with an
annual withdrawal not to exceed 1.16 acre feet. The proposed truck washing component does not
utilize this water source, instead the water is trucked to the property from a City of Fort Lupton water
source. The application materials state that the breeding kennel is for up to 100 dogs at any one time.
The noise levels on the site are required to meet the standards of the Weld County Department of
Environmental Health. There is also a Development Standard that the dogs are kept indoors between
8:00 p.m. and 9:00 a.m. daily.
•Poc41•4-a38(o
RESOLUTION USR 16-0014
DONALD & CHERYL HACKETT
PAGE 2
The washing and parking of commercial vehicles, trucks and trailers along with outside
equipment/vehicle storage and staging facility is presently in operation on site and is located in an
area that allows good access to the oil field and construction areas.
Section 22-2-100.E. C.Goal 5. States "Minimize the incompatibilities that occur between commercial
uses and surrounding properties." The proposed facility is located to the north end of the property
behind the Hackett residence and well screen due to topography from adjacent properties. Access is
from County Road 18, a two lane paved road.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone
District.
Section 23-3-40.S of the Weld County Code lists any use permitted as a Use by Right, an Accessory
Use, or a Use by Special Review in the Commercial or Industrial Zone Districts (Heavy Equipment
and Truck Repair Shop along with outside equipment/vehicle storage and staging) provided that the
property is not a Lot in an approved or recorded subdivision plat or lots parts of a map or plan filed
prior to adoption of any regulations controlling subdivisions and Section 23-3-40.H lists Kennels as a
Use by Special Review in the A (Agricultural) Zone District.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The adjacent properties are a mix of agricultural uses and rural residences. The nearest residence is
located approximately 100 feet west of the western property line. The surrounding USRs include
USR-557 adjacent to the west for an 85 dog kennel and USR13-0039 is immediately adjacent to the
north for a trucking business.
Fourteen (14) surrounding property owners received notice of this USR due to their property being
within 500 feet of the site and the Weld County Department of Planning Services received no letters
or telephone calls indicating opposition to the application.
The Department of Planning Services is requesting a screening plan and a lighting plan for the vehicle
parking area. The dogs will be kept indoors between the hours of 8:00PM and 9:00 daily. The noise
levels on the site are required to meet the standards of the Weld County Department of Environmental
Health. These requirements along with the other Development Standards and the Conditions of
Approval will assist in mitigating the impacts of the facility on the adjacent properties and ensure
compatibility with surrounding land uses.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future development
of the surrounding area as permitted by the existing zoning and with the future development as
projected by Chapter 22 of the Weld County Code and any other applicable code provisions or
ordinances in effect, or the adopted Master Plans of affected municipalities.
The site is located within a three (3) mile referral area of the City of Fort Lupton, and is located within
the existing Coordinated Planning Agreement area (CPA) for the City. The City in their referral
comments, dated June 7, 2016 stated "Because the property is located within the City's
Comprehensive Plan area, the Planning Department met with the applicants to discuss the potential
for annexation. The applicants indicted their desire to continue their application with the Weld County
Planning Department. The applicants have met their obligation to confer with the City."
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of the Weld
County Code.
The site is not in a floodplain.
Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide
Road Impact Fee Program.
RESOLUTION USR16-0014
DONALD & CHERYL HACKETT
PAGE 3
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
Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural
land in the locational decision for the proposed use
The existing breeding kennel and proposed truck washing and parking area for commercial vehicles
and RVs is located on a 4 98 acre parcel designated other lands per the 1979 Soil Conservation
Service Important Farmlands of Weld County Map Therefore no prime agricultural lands are being
taken out of production
G. Section 23-2-220.A.7 — There is adequate provisions for the protection of the health. safety. and
welfare of the inhabitants of the neighborhood and County
The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-
250, Weld County Code), Conditions of Approval and Development Standards can ensure that there
are adequate provisions for the protection of health, safety. and welfare of the inhabitants of the
neighborhood and County
This recommendation is based. in part. upon a review of the application materials submitted by the applicant.
other relevant information regarding the request. and responses from referral entities.
The Planning Commission recommendation for approval is conditional upon the following.
Prior to recording the map:
A. The applicant shall submit written evidence of the viable City of Fort Lupton water source utilized for
the washing of vehicles to the Department of Planning Services and the Department of Public
Health and Environment. (Department of Planning Services)
An Improvements and Road Maintenance Agreement is required for offsite improvements at this
location, Road maintenance inc-ucing oust contro , carnage repair. speci-ied iau routes anc -uture
traffic triggers for improvements will be included. (Department of Public Works)
The map shall be amended to delineate the following:
1 All sheets of the map shall be labeled USR16-0014 (Department of Planning Services)
2 The attached Development Standards (Department of Planning Services)
3 The map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code_
(Department of Planning Services)
4 The applicant shall delineate on the map the trash collection areas Section 23-3-350.H of
the Weld County Code addresses the issue of trash collection areas (Department of
Planning Services)
5 The map shall delineate the existing and proposed lighting_ (Department of Planning
Services)
6 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)
7 The map shall delineate four (4) parking spaces for vendors, customers and/or employees
One parking space must meet the Americans with Disability Act. (Department of Planning
Services)
RESOLUTION USR16-0014
DONALD & CHERYL HACKETT
PAGE 4
8 County Road 18 is a paved road and is designated on the Weld County Road Classification
Plan as a collector road which requires 80 feet of right-of-way at full buildout. The applicant
shall delineate on the site plan the future and existing right-of-way All setbacks shall be
measured from the edge of future right-of-way This road is maintained by Weld County.
(Department of Public Works)
9 Show and label the approved access (AP16-00244), and the appropriate turning radii on the
site plan. (Department of Public Works)
10 Show and label the approved tracking control on the site plan.
11 Show and label the entrance gate set back a minimum of 100ft from edge of shoulder.
(Department of Public Works)
12. The applicant shall show and label the accepted drainage features and drainage flow arrows.
Water quality features or stormwater ponds should be labeled as "Water Quality
Feature/Stormwater Detention, No -Build or Storage Area- and shall include the calculated
volume. (Department of Planning Services -Engineer)
13 Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property (Department of Planning Services -Engineer)
14 Show and label all recorded easements on the map by book and page number or reception
number and date on the site plan. (Department of Planning Services)
2. Upon completion of Condition of Approval #1 above. the applicant shall submit one (1) paper copy or one
(1) electronic copy (_pdf) of the map for preliminary approval to the Weld County Department of Planning
Services Upon approval of the map the applicant shall submit a Mylar map along with all other
documentation required as Conditions of Approval The Mylar map shall be recorded in the office of the
Weld County Clerk and Recorder by the Department of Planning Services. The map shall be prepared in
accordance with the requirements of Section 23-2-260. D of the Weld County Code. The Mylar map and
additional requirements shall be submitted within one hundred twenty (120) days from the date of the
Board of County Commissioners Resolution The applicant shall be responsible for paying the recording
fee. (Department of Planning Services)
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30. 2012. should the map not
be recorded within the required one hundred twenty (120) days from the date of the Board of County
Commissioners Resolution. a $50 00 recording continuance charge shall added for each additional three
(3) month period. (Department of Planning Services)
4. The Department of Planning Services respectfully requests a digital copy of this Use by Special Review,
as appropriate. Acceptable CAD formats are dwg..dxf, and dgn (Microstation), acceptable GIS formats
are ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB) The preferred format for Images is .tif
(Group 4). (Group 6 is not acceptable). Thisdigitalfilemaybesenttomaps@co.weld.co.us.(Department
of Planning Services)
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)
B. The approved access and tracking control shall be constructed prior to on -site construction.
(Department of Public Works)
6 The Use by Special Review activity shall not occur. nor shall any building or electrical permits be issued
on the property. until the Use by Special Review map is ready to be recorded in the office of the Weld
County Clerk and Recorder or the applicant has been approved for an early release agreement
(Department of Planning Services)
RESOLUTION USR16-0014
DONALD & CHERYL HACKETT
PAGE 5
Motion seconded by Benjamin Hansford
VOTE
For Passage
Benjamin Hansford
Bruce Johnson
Bruce Sparrow
Jordan Jemiola
Joyce Smock
Michael Wailes
Nick Berryman
Terry Cross
Gene Stille
Against Passage Absent
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 July 19. 2016
Dated the 19t" of July, 2016
Digitally signed by Kristine Ranslem
Date: 2016.0 7.21 14:24:10 -06'00'
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Donald and Cheryl Hackett
USR16-0014
1. A Site Specific Development Plan and Amended Use by Special Use Permit, USR-1536, for a Kennel
(100 dogs - Dachshunds) and any use permitted as a Use by Right, an Accessory Use, or a Use by
Special Review in the commercial or industrial zone districts, provided that the property is not a Lot in an
approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any
regulations controlling subdivisions (washing of commercial vehicles, parking, staging and dispatching of
trucks, trailers and commercial vehicles and parking and storage of RVs) in the A (Agricultural) Zone
District, subject to the Development Standards stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County
Code. (Department of Planning Services)
3. The hours of operation are 5:00 a.m. - 7:00 p.m. Monday - Sunday, as stated in the application.
(Department of Planning Services)
4. The number of on -site employees shall be 2, as stated in the application. (Department of Planning
Services)
5. The parking area on the site shall be maintained. (Department of Planning Services)
6. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the
Weld County Code. (Department of Planning Services)
7. The landscaping/screening on the site shall be maintained. (Department of Planning Services)
8. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5,
C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface and
groundwater contamination. (Department of Public Health and Environment)
9. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes
specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities
Act, 30-20-100.5, C.R.S. (Department of Public Health and Environment)
10. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive
particulate emissions, blowing debris, and other potential nuisance conditions. The applicant shall operate
in accordance with Chapter 14, Article 1 of the Weld County Code. (Department of Public Health and
Environment)
11. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with the
Colorado Air Quality Commission's air quality regulations. (Department of Public Health and Environment)
12. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as
delineated in 25-12-103 C.R.S. (Department of Public Health and Environment)
13. Adequate drinking, hand washing and toilet facilities shall be provided for employees and the public, at all
times. For 10 or less customers or visitors per day and 2 or less full time employees on site, portable
toilets and bottled water are acceptable. Records of maintenance and proper disposal for portable toilets
shall be retained on a quarterly basis and available for review by the Weld County Department of Public
Health and Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County and shall
contain hand sanitizers. (Department of Public Health and Environment)
14. Any septic system located on the property must comply with all provisions of the Weld County Code,
pertaining to On -site Wastewater Treatment Systems. (Department of Public Health and Environment)
RESOLUTION USR16-0014
DONALD & CHERYL HACKETT
PAGE 7
15. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. Well permit
63373-F shall be utilized for domestic and kennel use only, as stated on the permit. The Well cannot be
utilized in other aspects of this request unless additional uses are approved by the Division of Water
Resources. (Department of Public Health and Environment)
16. In the event the applicant intends to utilize the existing septic system at the home (SE -0400122) for
business use, the septic system shall be reviewed by a Colorado Registered Professional Engineer. The
review shall consist of observation of the system and a technical review describing the system's ability to
handle the proposed hydraulic load. The review shall be submitted to the Environmental Health Services
Division of the Weld County Department of Public Health and Environment. In the event the system is
found to be inadequately sized or constructed the system shall be brought into compliance with current
Regulations. (Department of Public Health and Environment)
17. Animal and feed wastes, bedding, debris and other organic wastes shall be disposed of so that vermin
infestation, odors, disease hazards, and nuisances are minimized. (Department of Public Health and
Environment)
18. The applicant shall comply with the Colorado Department of Agriculture (CDA), Division of Animal Industry
regulations. (Department of Public Health and Environment)
19. Any vehicle or equipment washing shall adhere to "Low Risk Discharge Guidance: Discharges From
Surface Cosmetic Power Washing Operations To Land July 2010" as provided by the State. (Department
of Public Health and Environment)
20. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the
Weld County Code. (Department of Public Health and Environment)
21. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where
such would cause a nuisance or interfere with the use on the adjacent properties in accordance with the
plan. Neither the direct. nor reflected, light from any light source may create a traffic hazard to operators
of motor vehicles on public or private streets. No colored lights may be used which may be confused with,
or construed as, traffic control devices. (Department of Planning Services)
22. The property owner shall control noxious weeds on the site. (Department of Public Works)
23. The access to the site shall be maintained to mitigate any impacts to the public road including damages
and/or offsite tracking. (Department of Public Works)
24. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
25. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Planning
Services - Engineer)
26. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Planning Services - Engineer)
27. Access will be along unmaintained County right-of-way and maintenance of the right-of-way will not be the
responsibility of Weld County. (Department of Planning Services - Engineer)
28. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the following
have been adopted by Weld County: 2012 International Codes, 2006 International Energy Code, and 2014
National Electrical Code. A Building Permit Application must be completed and two (2) complete sets of
engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted
for review. A Geotechnical Engineering Report performed by a Colorado registered engineer shall be
required or an Open Hole Inspection. (Department of Building Inspection)
RESOLUTION USR16-0014
DONALD & CHERYL HACKETT
PAGE 8
29. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
30. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and Public
Health and Environment shall be granted access onto the property at any reasonable time in order to
ensure the activities carried out on the property comply with the Conditions of Approval and Development
Standards stated herein and all applicable Weld County regulations.
31. The Use by Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or
Development Standards, as shown or stated. shall require the approval of an amendment of the Permit by
the Weld County Board of County Commissioners before such changes from the plans or Development
Standards are permitted. Any other changes shall be filed in the office of the Department of Planning
Services.
32. The property owner or operator shall be responsible for complying with all of the foregoing Development
Standards. Noncompliance with any of the foregoing Development Standards may be reason for
revocation of the Permit by the Board of County Commissioners.
33. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most
abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal.
Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's
commercial mineral deposits are essential to the state's economy; (b) the populous counties of the state
face a critical shortage of such deposits; and (c) such deposits should be extracted according to a rational
plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology
and quality of life of the citizens of the populous counties of the state.
Mineral resource locations are widespread throughout the County and person moving into these areas
must recognize the various impacts associated with this development. Often times, mineral resource sites
are fixed to their geographical and geophysical locations. Moreover, these resources are protected
property rights and mineral owners should be afforded the opportunity to extract the mineral resource.
34. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in
the United States, typically ranking in the top ten counties in the country in total market value of
agricultural products sold. The rural areas of Weld County may be open and spacious, but they are
intensively used for agriculture. Persons moving into a rural area must recognize and accept there are
drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than
in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural
areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere
and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld
County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities
will generate off -site impacts. including noise from tractors and equipment; slow -moving farm vehicles on
rural roads; dust from animal pens, field work, harvest and gravel roads; odor from 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.
RESOLUTION USR16-0014
DONALD & CHERYL HACKETT
PAGE 9
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.
M.tnucteS
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, July 19, 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 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, 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 June 21, 2016 Weld County Planning Commission minutes, Moved by Benjamin
Hansford, Seconded by Bruce Johnson. Motion passed unanimously.
CASE NUMBER:
APPLICANT:
PLANNER
REQUEST
LEGAL DESCRIPTION.
LOCATION:
USR16-0014
DONALD & CHERYL HACKETT
KIM OGLE
A SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL
REVIEW PERMIT. USR-1536, FOR A KENNEL (100 DOGS - DACHSHUNDS)
AND ANY USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE, OR
A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS, PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN
APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS PARTS OF A MAP
OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS
CONTROLLING SUBDIVISIONS (WASHING OF COMMERCIAL VEHICLES,
PARKING, STAGING AND DISPATCHING OF TRUCKS, TRAILERS AND
COMMERCIAL VEHICLES AND PARKING AND STORAGE OF RVS) IN THE A
(AGRICULTURAL) ZONE DISTRICT.
LOT A REC EXEMPT RE -1871, BEING PART W2SW4 SECTION 22. T2N. R66W
OF THE 6TH P.M., WELD COUNTY, COLORADO
NORTH OF AND ADJACENT TO CR 18; APPROXIMATELY 980 FEET EAST OF
CR31
Kim Ogle, Planning Services, presented Case USR16-0014, reading the recommendation and comments
into the record. The Department of Planning Services recommends approval of this application with the
attached conditions of approval and development standards.
Mr. Ogle requested that Condition of Approval 1.B be removed as Public Works has determined that an
Improvements and Road Maintenance Agreement is not warranted for this case.
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.
Donald Hackett, 15267 CR 18, Ft. Lupton, stated that he is storing and parking trucks and equipment on
site. He added that he does wash trucks occasionally on site as well.
Commissioner Cross asked if there is any maintenance performed on site. Mr. Hackett said that they do
their own maintenance on their vehicles and equipment. Commissioner Cross asked how the disposal of
waste oil is handled. Mr. Hackett stated that it is the driver's responsibility to dispose of the oil and added
that it is not stored on site.
The Chair asked if there was anyone in the audience who wished to speak for or against this application
No one wished to speak.
The Chair asked staff if there are any changes to the staff report Mr Ogle requested that Condition of
Approval 1 B be deleted to remove the Improvements and Road Maintenance Agreement
Motion: Forward Case USR16-0014 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 Benjamin Hansford. Seconded by Nick Berryman. Motion carried unanimously.
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.
Motion: Forward Case USR16-0014 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 Benjamin Hansford.
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 Wades. Nick Berryman. Terry Cross.
Meeting adjourned at 1100 pm
Respectfully submitted.
d'Stiobi 12
Kristine Ranslem
Secretary
Digitally signed by Kristine Ranslem
Date: 2016.07.21 13:23:55 -06'00'
2
Hello