HomeMy WebLinkAbout20123370.tiff EXHIBIT
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BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION n A
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIO
Moved by Robert Grand,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: USR12-0060
APPLICANT: JANA BIRDWELL&SHIRLEY DAHL
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A KENNEL (40 DOG NON-PROFIT RESCUE AND BOARDING
KENNEL FOR AN UNSPECIFIED BREED) IN THE A (AGRICULTURAL)ZONE
DISTRICT.
LEGAL DESCRIPTION: LOT B REC EXEMPT RE-4328;PART N2NW4SE4 SECTION 21,T2N,R64W OF
THE 6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: 0.25 MILES WEST OF CR 55, 0.5 MILES SOUTH OF CR 20.
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 Kennel facility is located consists of
approximately 9 acres,with existing improvements,a residence,and a garage. The Kennel
is for non-profit rescue and boarding facility for up to 40 dogs.
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." The property is served by a commercial well
and an ISDS system handles the effluent flows.
Section 22-2-150D.A Goal 4 states:"Conversion of agricultural land to nonurban residential,
commercial and industrial uses will be accommodated when the subject site is in an area that
can support such development. Such development shall attempt to be compatible with the
region."
The applicant is proposing a 40 dog non-profit rescue and boarding Kennel for an unspecified
breed.The Department of Planning Services is requiring a development standard that dogs
are kept indoors during non-daylight hours.
B. Section 23-2-220.A.2--The proposed use is consistent with the intent of the Agricultural(A)
Zone District. Section 23-3-40.H of the Weld County Code allows for a Site Specific
Development Plan and Use by Special Review permit for a Kennel in the 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 site is located and proposed kennel is located approximately 514
feet from the Whitmore residence to the west, 737 feet from the Morgan residence to the
south and 1270 feet to the McIntosh residence to the east. Staff has received two letters in
opposition to the proposed kennel; the Whitmore letter dated September 14, 2012 cited
concerns with the temperament and health of the rescued dogs,safety of adjacent property
owners and their visitors, unknown persons serving as volunteers who access the shared
;loin— 3.370
RESOLUTION USR12-0060
JANA BIRDWELL&SHIRLEY DAHL
• PAGE 2
access and property,and the 24 hour/day operation of the facility. The McIntosh letter dated
September 14,2012 cited concerns with devaluation of property values,barking of dogs at all
hours day and night, dog at large issues, dusty road conditions on County Road 55, The
predominate concern raised was for the safety of their livestock and the howling and barking
of dogs. The Feather letter dated November 4, 2012 cited concerns with barking of dogs,
leading to the luring of coyotes,lowering of property values,dust on the private access and a
commercial business located in an agricultural area. The Judith Luke letter dated November
2, 2012 stated she had reservations about a kennel of this size. Barking dogs, kenneled
dogs having the ability to be rehabbed and placed in new homes. Other concerns addressed
collection of fees or donations,number of employees and volunteers,and whether there is air
conditioning during the summer months and heat in the winter months. The Department of
Planning Services is requiring a screening and a lighting plan and that dogs be kept indoors
(in addition to other development standards such as noise standards)to ensure compatibility
with existing 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.This site is located within the 3-mile referral areas of the Towns of Hudson and
Keenesburg. Both Towns in referrals dated September 18, 2012 indicated no conflict with
their interests.
E. Section 23-2-220.A.5--The application complies with Article V of the Weld County Code.
The proposed facility does not lie within the boundaries of any overlay district.
• Effective April 25, 2011, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2011-2)
Effective April 25, 2011, Building Permits issued on the proposed lots, will be required to
adhere to the fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance
2011-2)
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 subject site is classified
as"Prime"as delineated on the Important Farmlands of Weld County map,dated 1979.The
proposed kennel is located on a 9 acre tract of land with existing improvements,surrounded
by parcels of similar size and with existing encumbrances.
G. Section 23-2-220.A.7—There is adequate provisions for the protection of 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.
H. Section 23-4-400 — The attached conditions of approval and development standards will
ensure that the kennel will be operated according to the supplementary kennel requirements
outlined in this Section of the Weld County Code.
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 Plat:
RESOLUTION USR12-0060
JANA BIRDWELL&SHIRLEY DAHL
PAGE 3
• A. The applicant shall submit a dust abatement plan,detailing on site dust control measures,for
review and approval, to the Environmental Health Services, Weld County Department of
Public Health& Environment. (Department of Public Health and Environment)
B. In the event the applicant intends to utilize an existing septic system for the kennel and
clients,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)
C. Alternately to item B above, an individual sewage disposal system is required for the kennel
and clients 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 Public Health and Environment)
D. The applicant shall submit a waste handling plan, for approval,to the Environmental Health
Services Division of the Weld County Department of Public Health&Environment. The plan
shall include at a minimum, the following:
1. A list of wastes which are expected to be generated on site (this should include
expected volumes and types of waste generated).
2. A list of the type and volume of chemicals expected to be stored on site.
•
3. The waste handler and facility where the waste will be disposed(including the facility
name, address, and phone number). (Department of Public Health and
Environment)
E. The applicant shall provide a copy of the current license from the Pet Animal Care Facilities
Act(PACFA)to the Weld County Department of Public Health and Environment.(Department
of Public Health and Environment)
F. The applicant shall submit to the Department of Planning Services with a Screening Plan for
review and approval. (Department of Planning Services)
G The applicant shall submit to the Department of Planning Services with a Lighting Plan for
review and approval. (Department of Planning Services)
H. The applicant shall address the requirements of the Department of Building Inspection as
stated in their referral dated September 28, 2012.At a minimum, the building permit shall
meet the following requirements:
1. Any structures proposed to have changes uses will require commercial building
permit for change of use.A code analysis,floor plan an complete set of plans for any
alteration and a structural analysis may be required by a professional engineer will
be required. (Department of Building Inspection)
2. A building permit will be required for any new construction, alteration,or addition to
any buildings or structures on the property. (Department of Building Inspection)
• 3. It is required that a code analysis be done on the project by a design professional
with experience in this area. (Department of Building Inspection)
RESOLUTION USR12-0060
JANA BIRDWELL&SHIRLEY DAHL
PAGE 4
• 4. A building permit application must be completed and two complete sets of
engineered plans including engineered foundation plans bearing the wet stamp of a
Colorado registered architect or engineer must be submitted for review.(Department
of Building Inspection)
5. A geotechnical engineering report performed by a registered State of Colorado
engineer shall be required or a open hole inspection. (Department of Building
Inspection)
6. Buildings and structures shall conform to the requirements of the various codes
adopted at the time of permit application. Currently the following has been adopted
by Weld County: 2006 International Building Code; 2006 International Mechanical
Code; 2006 International Plumbing Code: 2006 International Energy Code; 2006
International Fuel Gas Code; 2011 National Electrical Code; 2003 ANSI 117.1
Accessibility Code and Chapter 29 of the Weld County Code. (Department of
Building Inspection)
If exterior lighting is proposed the applicant shall submit a lighting plan for review and
approval by the Department of Planning Services. Per the Weld County Code:
1. Sources of light, including light from high-temperature processes such as
combustion or welding,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;and public rights-of-way. (Department of Planning Services)
2. Neither direct nor reflected light from any light source may create a traffic hazard to
operators of motor vehicles on public or private streets and no colored lights may be
•
used which may be confused with or construed as traffic control devices.
(Department of Planning Services)
J. The plat shall be amended to delineate the following:
1. All sheets of the plat shall be labeled USR12-0060. (Department of Planning
Services)
2. The attached Development Standards. (Department of Planning Services)
3. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
4. A detailed site plan is required following the checklist provided by the planning
department. Additional Public Works items that must be shown are: parking,
circulation, road right-of-way,easements,drainage flow arrows showing the direction
of stormwater flows across the property, water quality area. (Department of Public
Works)
5. The applicant will utilize the existing recorded access easement. Please show and
label this easement with the recording number(Reception#3340723).(Department
of Public Works)
6. Please show on the site plan where the water quality area will be located and how
the drainage from the business area reaches the water quality depression.The water
quality area must be completely on the USR property and capture stormwater runoff
from the business/kennel area so that it does not run onto neighboring properties.
(Department of Public Works)
•
RESOLUTION USR12-0060
JANA BIRDWELL&SHIRLEY DAHL
PAGE 5
• 7. County Road 55 is designated on the Weld County Road Classification Plan as a
local road,which requires 60 feet of right-of-way at full build out.There is presently
60 feet of right-of-way.A total of 30 feet from the centerline of County Road 55 shall
be delineated right-of-way on the plat. This road is maintained by Weld County.
(Department of Public Works)
8. Show and label the Water Quality Area on the Plat. (Department of Public Works)
9. 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. Areas used for
storage or trash collection shall be screened from adjacent public rights-of-way and
adjacent properties. These areas shall be designed and used in a manner that will
prevent wind or animal scattered trash. (Department of Planning Services)
10. The approved Screening Plan. (Department of Planning Services)
11. The approved Lighting Plan (if applicable). (Department of Planning Services)
2. Prior to issuance of the Certificate of Occupancy:
A. An individual sewage disposal 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. (A vault is acceptable for daily
sanitation of the kennel and/or supplies) (Department of Public Health and Environment)
• 3. Upon completion of 1 above the applicant shall submit three (3) paper copies of the plat for
preliminary approval to the Weld County Department of Planning Services. Upon approval of the
paper copies the applicant shall submit a Mylar plat along with all other documentation required as
Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and
Recorder by Department of Planning Services'Staff. The plat shall be prepared in accordance with
the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat 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)
4. In accordance with Weld County Code Ordinance 2006-7 approved June 1,2006,should the plat not
be recorded within the required one-hundred twenty(120) days from the date the Board of County
Commissioners resolution a$50.00 recording continuance charge shall added for each additional 3
month period. (Department of Planning Services)
5. The Department of Planning Services respectively requests the surveyor provide a digital copy of this
Use by Special Review. Acceptable CAD formats are.dwg, .dxf,and.dgn(Microstation);acceptable
GIS formats are ArcView shapefiles,Arclnfo Coverages and Arclnfo Export files format type is.e00.
The preferred format for Images is.tif(Group 4).(Group 6 is not acceptable). This digital file may be
sent to dhuerter(a.co.weld.co.us. (Department of Planning Services)
6. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the
property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk
and Recorder. (Department of Planning Services)
Motion seconded by Benjamin Hansford.
S
RESOLUTION USR12-0060
JANA BIRDWELL&SHIRLEY DAHL
PAGE 6
• VOTE:
For Passage Against Passage Absent
Robert Grand
Bill Hall
Benjamin Hansford
Mark Lawley
Nick Berryman
Jason Maxey
Joyce Smock
Jordan Jemiola
Bret Elliott
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 November 6, 2012.
Dated the 6th of November, 2012.
Digitally signed by Kristine Ranslem
• 4,a1.�Qe7Y1li Y" dy14CL�,/VL Date:2012.11.13 13:07:30-0700'
Kristine Ranslem
Secretary
•
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
• DEVELOPMENT STANDARDS
Shirley Dahl &Jana Birdwell
USR12-0060
1. A Site Specific Development Plan and Use by Special Review permit a 40 dog non-profit rescue and
boarding Kennel of an unspecified breed in the A (Agricultural) Zone District and 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. Hours of operation for the kennel facility are 7 AM to 7 PM. (Department of Planning Services)
4. Dogs shall be kept indoors during night-time hours (7 PM to 7 AM). (Department of Planning
Services)
5. 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. Such wastes shall be
removed at least weekly from the facility and disposed of every other week by a commercial hauler.
(Department of Public Health and Environment)
6. 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)
7. 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)
8. 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. (Department
of Public Health and Environment)
9. The applicant shall operate in accordance with the approved "waste handling plan", at all times.
(Department of Public Health and Environment)
10. The applicant shall comply with the Colorado Department of Agriculture (CDA), Division of Animal
Industry. (Department of Public Health and Environment)
11. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be
operated in accordance with the approved"dust abatement"plan,at all times.(Department of Public
Health and Environment)
12. 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)
13. 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 Individual Sewage Disposal
Systems. (Department of Public Health and Environment)
14. Adequate drinking, handwashing and toilet facilities shall be provided for public, employees and
volunteers of the facility, at all times. (Department of Public Health and Environment)
15. A permanent,adequate water supply shall be provided for drinking and sanitary purposes,at all times.
• (Department of Public Health and Environment)
16. The operation shall comply with all applicable rules and regulations of the State and Federal agencies
and the Weld County Code. (Department of Public Health and Environment)
RESOLUTION USR12-0060
JANA BIRDWELL&SHIRLEY DAHL
PAGE 8
17. This application is proposing a well as its source of water. Groundwater may not meet all drinking
water standards as defined by the Colorado Department of Public Health and Environment. We
strongly encourage the applicant to test their drinking water prior to consumption and periodically test
it over time. (Department of Public Health and Environment)
18. Effective April 25,2011,Building Permits issued on the proposed lots will be required to adhere to the
fee structure of the Weld County Road Impact Program.(Ordinance 2011-2)(Department of Planning
Services)
19. Effective April 25,2011, Building Permits issued on the proposed lots,will be required to adhere to the
fee structure of the County Facility Fee and Drainage Impact Fee.(Ordinance 2011-2)(Department of
Planning Services)
20. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
21. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
22. 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 constructed as traffic control devices. (Department of Planning
Services)
23. The Screening on site shall be maintained in accordance with the approved Screening Plan.
• (Department of Planning Services)
24. Forty(410) Twenty-five(25)is the maximum number of dogs. Dogs over the age of six(6)months are
counted towards the maximum numbers described above in accordance with Section 23-1-90 of the
Weld County Code. (Department of Planning Services)
25. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if 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. All vegetation,other than grasses,needs to be
maintained at a maximum height of 12 inches until the area is completely developed.(Department of
Public Works)
26. The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will
reasonably preserve the natural character of the area and prevent property damage of the type
generally attributed to run-off rate and velocity increases,diversions,concentration and/or unplanned
ponding of storm run-off. (Department of Public Works)
27. Weld County is not responsible for the maintenance of onsite drainage related features (Department
of Public Works)
28. Personnel from the Weld County Government 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
Development Standards stated herein and all applicable Weld County regulations.
29. A building permit will be required for any new construction,alteration,or addition to any buildings or
structures on the property. (Department of Building Inspection)
30. A building permit application must be completed and two complete sets of floor plans must be
• submitted for review.A geotechnical engineering report performed by a registered State of Colorado
engineer shall be required. (Department of Building Inspection)
RESOLUTION USR12-0060
JANA BIRDWELL&SHIRLEY DAHL
PAGE 9
• 31. Buildings and structures shall conform to the requirements of the various codes adopted at the time of
permit application. Currently the following has been adopted by Weld County: 2006 International
Building Code; 2006 International Mechanical Code; 2006 International Plumbing Code: 2006
International Energy Code;2006 International Fuel Gas Code;2011 National Electrical Code; 2003
ANSI 117.1 Accessibility Code and Chapter 29 of the Weld County Code. (Department of Building
Inspection)
32. The 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.
33. 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.
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.
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.
RESOLUTION USR12-0060
JANA BIRDWELL&SHIRLEY DAHL
•
PAGE 10
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.
•
•
PC /4'A
Motion: Delete Development Standards 17 and 22, Moved by Robert Grand, Seconded by Benjamin
Hansford.
Motion passed unanimously.
Motion:Add Development Standard as read into record by staff and renumber accordingly, Moved by Robert
Grand, Seconded by Benjamin Hansford.
Motion passed unanimously.
James Bernal, Integrity Trucking, 23466 CR 55, Kersey, CO, stated that they are a support company that
hauls water to the oil and gas industry. They operate 24 hours with 2 shifts per day.
Commissioner Maxey clarified how many employees will utilize the site. Mr. Bernal said that they currently
have 25 but would like to have up to 30 employees.
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 the applicant if he read through the amended Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that he is in agreement.
Motion: Forward Case USR12-0054 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 Robert Grand, Seconded by Benjamin Hansford.
Vote: Motion carried by unanimous roll call vote(summary:Yes=7).
Yes: Benjamin Hansford,Jason Maxey,Jordan Jemiola,Joyce Smock, Mark Lawley, Nick Berryman, Robert Grand.
CASE NUMBER: USR12-0060
APPLICANT: JANA BIRDWELL&SHIRLEY DAHL
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A KENNEL (40 DOG NON-PROFIT RESCUE AND BOARDING
KENNEL FOR AN UNSPECIFIED BREED) IN THE A (AGRICULTURAL) ZONE
DISTRICT.
LEGAL DESCRIPTION: LOT B REC EXEMPT RE-4328;PART N2NW4SE4 SECTION 21,T2N,R64W OF
THE 6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: 0.25 MILES WEST OF CR 55, 0.5 MILES SOUTH OF CR 20.
Kim Ogle, Planning Services,presented Case USR12-0060,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 stated that four(4)letters were received from
surrounding property owners with concerns including temperament and health of the rescued dogs,safety of
adjacent property owners, 24/7 day a week operation of the facility, devaluation of property, continual dog
barking, dog at-large issues, dust issues on the County Road 55, safety to livestock, and luring of coyotes.
Heidi Hansen,Public Works,reported on the existing traffic,access and drainage conditions and requirements
of the site. The access is a recorded access easement and the applicants have obtained permission to use
this access for their proposed use.
Lauren Light,Environmental Health, reviewed the public water and sanitary sewer requirements,on-site dust
control, and the Waste Handling Plan.
Shirley Dahl,8759 CR 55,Keenesburg,CO stated that they are proposing a 40 kennel for potential expansion;
however they do not intend to have that many dogs on site. Currently they have 16 dog runs. They intend to
fence the entire perimeter of the property with an additional 6.5 foot gaming fence surrounding the dog areas.
Ms. Dahl understands the barking issue and will do the best they can to control noise. She added that this is
not a money making process; but rather a heartfelt project. There may be up to two(2)part-time employees
with maybe some volunteer assistance.
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• Marla Dugger,8393 S Wadsworth Court, said that they have applied for a 501c(3)nonprofit designation and
hope to accept donations. She stated that Ms. Dahl and herself have been doing rescue since 2000. They
take dogs from shelters that will be euthanized and their goal is to rehabilitate them and find good homes for
these dogs.
Commissioner Maxey asked how long the average time is to rehabilitate the dogs. Ms. Dahl said it could be 2
days or 2 months.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Robin and Bonnie McIntosh,8335 CR 55,Keenesburg, CO, inquired if the 40 dog kennel is in addition to the
dogs already there. She noted that the dogs roam free as depicted in the visual presentation and added that
one time when Robin was fixing fence in the pasture they thought one of the dogs was going to attack him.
Another time one of the dogs was chasing a cow that was ready to drop a calf. She expressed concerns in
regard to decreased property values and the noise from the baking dogs. In addition,she noted that there is
only enough room for 1 vehicle on the access road and said that with the added traffic they will be going onto
their property.
Robin McIntosh stated that the wildlife is disappearing. When they first moved onto the property in 2001 there
were herds of deer and antelope and now they don't have any because of the roaming dogs.
Jerry Feather stated that he believes that they are already in violation with having more dogs than what is
allowed. He said that there is already a lot of traffic with the oil and gas industry, so with the combination of
this additional traffic it will be unbelievable.
Christine Curl, 26521, CR 18, stated that she is concerned with the noise and property valuation. She
• commended the applicants for the cause but said that it may not be the right location. She asked that if this
case is approved,that it be limited to the 16 dogs.
Shirley Dahl said that they will take care of the loose dogs by installing fence to contain the dogs. The dogs
that she has will not attack anyone; however they will bark at them. She understands that they bark and will
try to control that but said that they bark during the day.
Ms.Dugger said with regard to traffic they will not advertise their location and people will not be coming to the
site. They will have events in town or at other joint events for people to look at the dogs. They also bring the
dog to the potential owner so they can screen the home for the dog. For anyone coming to the site it would be
by appointment only.
Commissioner Maxey asked what the typical practice is for noise control. Ms.Dahl said that there is a reason
for a dog to bark and added that when they are in the recreation area they will bark at each other. She has
one dog that barks for her attention. So they try to keep the dogs active and work with obedience control.
She added that according to the new PACFA regulations a 4 foot barrier is required between the dogs and this
will help to eliminate the barking. Ms. Dugger said that they have installed ultrasonic devices to control the
barking and added that they are also thinking about putting in landscaping to help control the noise as well.
Commissioner Grand asked the applicants if they would be acceptable to limiting the number of dogs to 20
which would minimize the traffic and noise issue. Ms.Dahl said that she put in 6 employees for growth but the
same number of volunteers would be coming if there were 20 or 40 dogs. She added that they would be okay
with that but right now they are very near that limit with the 16 dogs currently.
Motion: Reduce the number of dogs on site to 20 dogs, Moved by Robert Grand.
Commissioner Lawley asked the applicants if they understood the motion to reduce the number of dogs
allowed on site and if 20 dogs is acceptable to them. Ms. Dahl said that they would be willing to go to 25 dogs
• to allow room for a few more dogs. She added that she doesn't want to have 40 dogs on site and wants to be
a good neighbor.
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• Motion:Amend Motion to reduce the number of dogs on site to 25 dogs in Development Standard 24,Moved
by Robert Grand, Seconded by Benjamin Hansford.
Motion passed 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 USR12-0060 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 Robert Grand, Seconded by Benjamin Hansford.
Vote: Motion carried by unanimous roll call vote (summary: Yes= 7).
Yes:Benjamin Hansford,Jason Maxey,Jordan Jemiola,Joyce Smock, Mark Lawley, Nick Berryman,Robert
Grand.
The Chair asked the public if there were other items of business that they would like to discuss. No one
wished to speak.
The Chair asked the Planning Commission members if there was any new business to discuss. Kris Ranslem,
Planning Services, presented the 2012 Planning Commission hearing dates.
Meeting adjourned at 3:30 pm.
Respectfully submitted,
• Kristine Ranslem
Secretary
•
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