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Home My WebLink About20121726.tiff HEARING CERTIFICATION DOCKET NO. 2012-42.A RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR12-0007, FOR A KENNEL (UP TO 40 DOGS) AND ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR 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 OR PART OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS (STORAGE OF STONE AND MASONRY MATERIALS AND STONE AND MASONRY INSTALLATION EQUIPMENT) IN THE A (AGRICULTURAL) ZONE DISTRICT - RICHARD AND BETTY ROOS A public hearing was conducted on August 1, 2012, at 10:00 a.m., with the following present: Commissioner Sean P. Conway, Chair Commissioner William F. Garcia, Pro-Tem Commissioner Barbara Kirkmeyer Commissioner David E. Long Commissioner Douglas Rademacher Also present: Acting Clerk to the Board, Esther Gesick Assistant County Attorney, Brad Yatabe Planning Department representative, Chris Gathman Public Works representative, Heidi Hansen Health Department representative, Lauren Light The following business was transacted: IE I hereby certify that pursuant to a notice dated July 6, 2012, and duly published July 11, 2012, in the Fort Lupton Press, a public hearing was conducted on July 11, 2012, to consider the request of Richard and Betty Roos, for a Site Specific Development Plan and Use by Special Review Permit, USR12-0007, for a Kennel (up to 40 dogs) and any Use permitted as a Use by Right, Accessory Use, or 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 part of a map or plan filed prior to adoption of any regulations controlling subdivisions (storage of stone and masonry materials and stone and masonry installation equipment) in the A (Agricultural) Zone District, at which time the matter was continued to August 1, 2012, to allow additional time to complete the necessary newspaper publication requirement. At said hearing on August 1, 2012, Brad Yatabe, Assistant County Attorney, made this a matter of record. El Chris Gathman, Department of Planning Services, presented a brief summary of the proposal, which is in response to an active complaint for operating without the appropriate zoning permit. He reviewed the referral responses, site location, conditions for mitigation to ensure compatibility, and indicated staff did receive correspondence expressing concerns regarding incompatibility, screening, hours, truck traffic, and kennel operations. Mr. Gathman entered the favorable recommendation of the Planning Commission into the record as written and displayed an aerial map and photographs of the site and surrounding area. He responded Qt, • QAA, PL, Pw , \4-_ 2012-1726 Gt-11-13 PL2167 HEARING CERTIFICATION - RICHARD AND BETTY ROOS (USR12-0007) PAGE 2 to questions from the Board regarding the site layout on the 20-acre parcel, and the number of dogs allowed as a Use by Right. e Heidi Hansen, Department of Public Works, gave a brief overview of the access, minimal traffic impact, and water quality plans. O Lauren Light, Department of Public Health and Environment, reviewed the water and sewer provisions, and requested a revision to the second sentence of Development Standard #14 to state, "Portable toilets and bottled water are allowed for ten (10) or less customers per day, and two (2) or less full-time employees." She also proposed modifying Development Standard #15 to state, "A permanent, adequate water supply shall be provided for kennel usage." She stated staff is requiring a current copy of the Pet License, and she reviewed the Waste and Dust Abatement Plans and the noise restrictions. ▪ In response to Commissioner Rademacher, Mr. Gathman confirmed Development Standard #4 is intended to reflect the sole employee will be a family member; there will be no outside employees. e Richard Roos Sr., applicant, gave a brief overview of the kennel operation. El Richard Roos Jr., reviewed the masonry materials storage aspect of the application, and Mr. Roos Sr., clarified it is not a public sales facility; rather, it is storage of the materials purchased for use at the job sites. El No public testimony was offered concerning this matter. In response to Chair Conway, the applicants requested no changes, and they responded to questions from the Board. Following discussion, the Board agreed to extend the hours of operation to be from 8:00 a.m., until 7:00 p.m., and to amend Development Standard #29 to replace the word "will" with "may". Responding to Commissioner Kirkmeyer, Ms. Light clarified the Dust Abatement Plan will address maintenance of the on-site gravel drive, and although the USR encompasses the entire property, the dust abatement will not be applicable to family activities on the site. Commissioner Kirkmeyer suggested deleting Condition of Approval #1.J, since the City of Dacono concerns are not founded because the operation is not a salvage yard. In response to Commissioner Rademacher, Mr. Roos Sr., asked to amend Development Standard #4 to allow up to four employees. The Board also agreed to delete Development Standard #5 since the issue is addressed in the Waste Handling Plan as mentioned in Development Standard #9. Responding to further questions, Ms. Light clarified Development Standard #12 references the Non-Specified Zone noise standards, which is comparable to the levels allowed in the Agricultural Zone District. el Chair Conway reviewed all of the discussed and agreed upon changes. Responding to Chair Conway, Mr. Roos Sr., stated he has reviewed, and agrees to abide by, the Conditions of Approval and Development Standards, as proposed and modified. 2012-1726 PL2167 HEARING CERTIFICATION - RICHARD AND BETTY ROOS (USR12-0007) PAGE 3 e Commissioner Kirkmeyer moved to approve the request of Richard and Betty Roos for a Site Specific Development Plan and Use by Special Review Permit, USR12-0007, for a Kennel (up to 40 dogs) and any Use permitted as a Use by Right, Accessory Use, or 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 part of a map or plan filed prior to adoption of any regulations controlling subdivisions (storage of stone and masonry materials and stone and masonry installation equipment) in the A (Agricultural) Zone District, based on the recommendations of Planning staff and the Planning Commission, with the Conditions of Approval and Development Standards as entered into the record. Her motion included deleting Conditions of Approval #1.A and #1.J, modifying Development Standard #3 to expand the hours of operation to be from 8:00 a.m., to 7:00 p.m., amending Development Standard #4 to allow for up to four employees, deleting Development Standards #5 and #11, amending Development Standard #14 to allow portable toilets and bottled water for ten or less customers and two or less full-time employees, revising Development Standard #15 to address water usage for the kennel, and changing Development Standard #29 to replace the word "will" with "may". The motion was seconded by Commissioner Rademacher, and it carried unanimously. There being no further discussion, the hearing was completed at 11:11 a.m. This Certification was approved on the 6th day of August, 2012. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Sean P. Co y, Chair Weld County Clerk to the Board illiam F. 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