HomeMy WebLinkAbout20093000.tiffHEARING CERTIFICATION
DOCKET NO. 2009-74
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1714 FOR A KENNEL (UP TO 30 DOGS OF A NON-SPECIFIC BREED,
INCLUDING DOG GROOMING, BOARDING, DOGGIE DAYCARE, AND TRAINING) IN
THE A (AGRICULTURAL) ZONE DISTRICT - ANTHONY AND SHERRY REIS
A public hearing was conducted on November 18, 2009, at 10:00 a.m., with the following
present:
Commissioner William F. Garcia, Chair
Commissioner Douglas Rademacher, Pro-Tem
Commissioner Sean P. Conway
Commissioner Barbara Kirkmeyer
Commissioner David E. Long - EXCUSED
Also present:
Acting Clerk to the Board, Jennifer VanEgdom
County Attorney, Bruce Barker
Planning Department representative, Chris Gathman
Health Department representative, Lauren Light
Public Works representative, Heidi Hansen
The following business was transacted:
I hereby certify that pursuant to a notice dated October 16, 2009, and duly published
October 22, 2009, in the Windsor Beacon, a public hearing was conducted to consider the
request of Anthony and Sherry Reis for a Site Specific Development Plan and Use by Special
Review Permit #1714 for a Kennel (up to 30 dogs of a non-specific breed, including dog
grooming, boarding, doggie daycare, and training) in the A (Agricultural) Zone District. Bruce
Barker, County Attorney, made this a matter of record. Chair Garcia advised Anthony Reis,
applicant, that he has the option of continuing the matter to a date when the full Board will be
present; however, if he decides to proceed today, the matter will require three affirmative votes,
or in the case of a tie vote, Commissioner Long will listen to the record and make the
determining vote. Mr. Reis indicated he would like to proceed today.
Chris Gathman, Department of Planning Services, presented a brief summary of the proposal
and entered the favorable recommendation of the Planning Commission into the record as
written. He stated the site is located 900 feet east of two single-family residences and 1,800
feet from the nearest residence to the northeast, with agricultural land located north of the site
and vacant land to the south of the site. He indicated the kennel building is located on the east
side of the residence, which helps provide screening for the residence to the west, and the
Conditions of Approval and Development Standards will help to ensure compatibility. He
described the hours of operation for the dog grooming and doggie daycare operations, and
indicated training classes occur during the months of June through August. He confirmed the
applicants will be the operators of the facility, and there will be no outside employees. He
indicated the boarding operation is considered to be 24 hours per day, seven days a week, and
the dogs are required to be kept inside during nighttime hours. He clarified a total of 30 adult
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dogs is the maximum allowed, and puppies under six months of age are exempt. He stated the
USR permit application was submitted to correct a zoning violation, and if the permit is
approved, the violation will be dismissed; however, if the permit is denied, the violation case will
proceed accordingly, with a referral to the County Attorney's Office. He indicated the site is
located within the three-mile referral area for the Town of Keenesburg, which indicated no
conflicts, and he displayed photographs of the site and the surrounding area. In response to
Commissioner Conway, Mr. Gathman indicated the placement of the closest residence on the
map provided, located northwest of the site. He confirmed no comments were received from
any of the surrounding property owners.
Heidi Hansen, Department of Public Works, stated County Road 398 is a local gravel road, and
the average daily traffic count, taken in 2007, is approximately 137 vehicles per day. She stated
the facility will contribute a maximum of 30 vehicle trips per day, and the sight distance at the
access is adequate in both directions. She confirmed the flow of traffic on the site is well
planned, the applicant will be required to provide a water quality feature to contain any runoff on
the site, and the applicant has provided the required calculations and has selected a good
location for the feature. Commissioner Rademacher questioned why the applicant will be
required to provide a engineered foundation for the kennel building, as required within
Development Standard #30. In response, Ms. Hansen indicated the language was included at
the request of the Building Inspector; however, she believes an engineered foundation may be
required to ensure that the kennel building is structurally safe. Commissioner Kirkmeyer
indicated a soils report should be provided before any type of building is constructed, and she
believes it is desirable for foundations to be designed by an engineer to ensure the building is
not constructed in an unsafe manner.
Lauren Light, Department of Public Health Environment, stated water service is provided
through a well, and the applicant has applied to modify the well for commercial and domestic
uses. She indicated the residence contains an existing septic system, which is sized for use by
eight people within the four -bedroom house; however, the applicant must provide restroom
access to customers, therefore, an engineer will need to review the septic system to determine
the adequacy of the size of the system, or, the applicant may install an additional septic system.
She confirmed the applicant has submitted the Waste Handling and Dust Abatement Plans, and
a copy of the license from the Colorado Department of Agriculture, Division of Animal Industry,
has also been submitted. She stated the noise level must adhere to the allowed levels within
the Commercial Zone District, which is standard for kennel operations.
Mr. Gathman clarified the dog grooming facility is located within the residence, therefore, the
applicant is required to apply for a Change of Use Permit for the residence, as addressed within
Condition of Approval #1.C. Responding to Commissioner Rademacher, Mr. Gathman
confirmed Development Standard #4 indicates there will be no outside employees.
Mr. Reis stated the dog grooming facility is located within the basement of the residence, and
his wife is the sole employee of the business. He stated the kennel operation is small, and is
very dependent on the weather through the various seasons. He confirmed training classes are
provided during warmer summer months; however, this past year, no training classes were held.
He clarified the kennel building is classified as an outbuilding, and he understands he will need
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to apply for a Change of Use Permit; however, he expressed concern regarding the need for an
engineered foundation since the building is essentially a pole barn. He confirmed it will be
time-consuming and financially difficult if he is required to supply an engineered foundation,
especially since the overall operation is very small. He clarified most of the operations have
ceased for the past few weeks, due to the weather; however, he is expecting operations to pick
up during the upcoming holiday season.
In response to Chair Garcia, Mr. Reis indicated the kennel building does not contain electricity
or heat; however, once a permit is approved, he is hoping to be able to provide electricity
service to the building. He confirmed during cold weather the animals are actually boarded in
the basement of the residence, within the same area where the grooming operations take place.
He indicated the kennel building is considered to be a large dog house, as a shelter for the
animals, and it also contains two large play areas. He indicated virtually all of the customers are
repeat clientele, and know the facility well. In response to the Board, Mr. Reis indicated the
kennel building is constructed of steel, fenced both inside and out, and there are eight individual
dog runs within the building. He confirmed the kennel is not designed to house dogs 24 hours
per day, and there are kennels within the basement where dogs are kept overnight.
Responding to Commissioner Kirkmeyer, Mr. Reis confirmed the kennel building contains pea
gravel for flooring, and the building was originally constructed as an barn/outbuilding. He
clarified the building is 40 feet in length, and each of the dog runs has double the minimum
measurements required by the State. Commissioner Rademacher indicated he believes it is not
necessary for the applicant to tear down the kennel facility to construct a foundation.
Commissioner Rademacher questioned whether the applicant may want to utilize an outside
employee at some point in the future, and indicated the Development Standards could be
modified to reflect this request.
Sherry Reis, applicant, confirmed she is the sole operator of the business, and indicated she
appreciates the concern of the Board; however, she will not want to allow any outside
employees at any point in the future. Commissioner Kirkmeyer suggested Development
Standard #4 be modified to state, "The facility will be operated by the owner(s) of the property.",
deleting the words "(no outside employees)". She indicated modifying the language does not
provide a specific commitment and allows the owners the option of running the business in the
best way possible.
In response to Commissioner Rademacher, Mr. Reis indicated the hours of operation listed for
training classes are adequate, since the classes are only one hour in length, and he is not sure
if the training classes will even be continued in the future.
Mr. Reis expressed his concern regarding Development Standard #31, which requires the
facility to be accessible to persons with disabilities. He clarified if he were required to construct
ramps into the basement grooming areas, it would require major improvements within the
residence. He confirmed there are no current customers who are disabled, and Ms. Reis
currently provides "parking lot service" for many of her customers, meaning she comes to the
customer's vehicle to retrieve the dog. Commissioner Kirkmeyer indicated she is not sure why
this is being required of the applicant, and in response, Mr. Gathman stated the issue will be
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contemplated during the review for the Change of Use Permit for the residence, and the reason
it was included was to address concerns if the business or residence were to undergo a Change
of Ownership. He confirmed the language could be deleted, and Commissioner Kirkmeyer
concurred, indicating the language is not necessary. The Board concurred with the deletion of
Development Standard #31. Mr. Reis indicated the facility contains adequate restroom facilities,
as required within Development Standard #15; however, the business has been in operation
since 2005, and not once has a client requested to utilize the restroom. He confirmed if the
need arises, customers are allowed to utilize the restrooms within the residence. He indicated
he intends to have the engineer who built the septic system re-evalute the system's size and
capability, and he clarified no wastes from the kennel end up in the septic system. He further
clarified only he and his wife live within the residence, and he is not at the residence during the
day since he has outside employment.
Mr. Reis indicated he has recently been going through financial difficulty, due to the current
economic situation, and he requested an extension of the time for the submittal of the plat. He
indicated the current requirement is that the plat be submitted within sixty (60) days; however,
he cannot afford to complete all of the required improvements within the next two months. He
clarified he understands he is only allowed a specific amount of time to complete improvements
once a building permit is issued, and he believes he can successfully complete all of the
requirements; however, he does not believe he will be able to finish all the requirements within
60 days. He requested the language be modified to allow a period of six months.
Chair Garcia expressed his appreciation to Mr. Reis for addressing his concerns, and indicated
the Board will consider his request for an extended period of time for submittal of the plat.
Commissioner Conway questioned whether any the expected fees will create a hardship for the
applicant. In response, Mr. Reis indicated it is his understanding that he will be required to pay
for two separate Road Impact Fees since it will be necessary two obtain to Change of Use
Permits for the residence and the kennel building. He further indicated the additional review of
the septic system will cause a financial hardship, especially since has already contributed
several thousand dollars to apply for the USR permit. He clarified he does know the anticipated
costs in relation to the additional permits which are necessary, since they will not be determined
until an inspection takes place. In response to Chair Garcia, Mr. Barker clarified any
remediation of the required fees may not be addressed within this hearing; however, a separate
appeal process does exist, during which an applicant may address concerns regarding payment
of the fees.
No public testimony was offered concerning this matter.
Responding to Commissioner Kirkmeyer, Mr. Gathman clarified the applicant will be required to
obtain a Change of Use permit for the residence because it was built as a single-family
residence and a commercial business is now located within the building. He further clarified the
kennel building is required to obtain a permit because the use has changed from agricultural to
commercial. Further responding to Commissioner Kirkmeyer, Mr. Gathman indicated the use
cannot be considered as a Home Business because customers travel to the site on a daily
basis, and even if the use were considered to be a Home Occupation, the applicant would be
required to obtain the necessary Change of Use permits for the two buildings and provide
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necessary accessibility for people with disabilities. In response to Commissioner Kirkmeyer,
Mr. Gathman indicated the applicant may be required to pay two separate Road Impact Fees,
based upon how the Weld County Code is written; however, he confirmed the applicant may
also utilize the appeal process. Further responding to Commissioner Kirkmeyer, Mr. Barker
clarified the impact fee is determined based upon the use of the property, therefore, there
should not be two separate fees.
Commissioner Kirkmeyer expressed her concern regarding unintended consequences
regarding the applicant's request for an extension of the plat submittal to 180 days, since the
language indicates no permits may be issued for the site until the plat is recorded. Mr. Gathman
indicated the applicant is required to apply for the permits, as a Condition of Approval, therefore,
a catch -22 situation exists. Commissioner Kirkmeyer indicated the applicant is already
operating at the site, she does not desire for the applicant to be penalized by not being allowed
to continue operations, and the Board should work with the applicant to help bring the site into
compliance, therefore, the language within Condition of Approval #4 needs to be modified.
Mr. Barker indicated he will draft proposed language.
In response to Chair Garcia, the Board concurred with the modification of Condition of
Approval #2 to indicate one hundred eighty (180) days in the place of sixty (60) days. The
board further concurred with the modification of Development Standard #4, as previously
indicated by Commissioner Kirkmeyer. Commissioner Kirkmeyer requested the deletion of the
words "visitors and patrons" from Development Standard #15, and the Board concurred.
Following discussion among the Board, the Board concurred with the deletion of Development
Standard #30, and clarified that Development Standard #31 has already been deleted through
previous action.
Mr. Barker suggested Condition of Approval #4 be modified to state, "The activity which is the
subject of the Use by Special Review may occur, and building or electrical permits may be
issued on the property, prior to the recording of the Use by Special Review plat in the office of
the Weld County Clerk and Recorder." The Board concurred with the modification, as described
by Mr. Barker.
In response to Chair Garcia, Mr. Reis indicated he has reviewed, and concurs with, the
Conditions of Approval and Development standards, as modified.
Commissioner Rademacher moved to approve the request of Anthony and Sherry Reis for a
Site Specific Development Plan and Use by Special Review Permit #1714 for a Kennel (up to 30
dogs of a non-specific breed, including dog grooming, boarding, doggie daycare, and training) 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. His motion included the modification of the fourth sentence of Condition of
Approval #2 to state, "The Mylar plat and additional requirements shall be submitted within one
hundred eighty (180) days from the date of the Board of County Commissioners Resolution.";
the modification of Condition of Approval #4 to state, "The activity which is the subject of the
Use by Special Review may occur, and building or electrical permits may be issued on the
property, prior to the recording of the Use by Special Review plat in the office of the Weld
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County Clerk and Recorder"; the modification of Development Standard #4 to state, "The facility
will be operated by the owner(s) of the property."; the modification of Development
Standard #15 to state, "Adequate drinking, hand washing, and toilet facilities shall be provided
for employees of the facility, at all times."; and the deletion of Development Standards #30 and
#31, with the required re -numeration. The motion was seconded by Commissioner Kirkmeyer,
and it carried unanimously. There being no further discussion, the hearing was completed at
11:35 a.m.
This Certification was approved on the 23rd day of November, 2009.
ATTEST:
Weld County Clerk to the
BY:
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o the Board
BOARD OF COUNTY COMMISSIONERS
WELD O7, COLORADO
William F Garcia, Chair
(CI am. Alssr
Douglaademach r, Pro-Tem
EXCUSED DATE OF APPROVAL
Se P. Conway Ay/CI
Barbara Kirkmeyey
EXCUSED
David E. Long
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EXHIBIT INVENTORY CONTROL SHEET
Case USR #1714 - ANTHONY AND SHERRY REIS
Exhibit Submitted By Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes dated 11/03/2009)
D. Planning Staff Certification and photo of sign posting
E-mail re: modification of Condition of Approval #4,
E. County Attorney dated 11/18/2009
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