HomeMy WebLinkAbout20092137.tiffHEARING CERTIFICATION
DOCKET NO. 2009-41.A
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1699 FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE,
OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (DOG AGILITY AND DOG OBEDIENCE TRAINING FOR 35 DOGS) AND A
KENNEL FOR FIVE (5) DOGS IN THE A (AGRICULTURAL) ZONE DISTRICT -
DENNIS AND DENISE COYNE
A public hearing was conducted on September 2, 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
Also present:
Acting Clerk to the Board, Jennifer VanEgdom
County Attorney, Bruce Barker
Planning Department representative, Kim Ogle
Health Department representative, Lauren Light
Public Works representative, Don Dunker
The following business was transacted:
I hereby certify that pursuant to a notice dated July 13, 2009, and duly published July 16, 2009,
in the Windsor Beacon, a public hearing was conducted on August 19, 2009, to consider the
request of Dennis and Denise Coyne for a Site Specific Development Plan and Use by Special
Review Permit #1699 for a Use Permitted as a Use by Right, Accessory Use, or Use by Special
Review in the Commercial or Industrial Zone Districts (dog agility and dog obedience training for
35 dogs) and a Kennel for five (5) dogs in the A (Agricultural) Zone District. At said hearing, the
Board deemed it advisable to continue the matter to September 2, 2009, due to the applicant's
request for the matter to be considered by a full quorum of the Board. At said hearing on
September 2, 2009, Bruce Barker, County Attorney, made this a matter of record.
Kim Ogle, 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 USR application was submitted to remedy the current violation for the property,
which is located east of County Road 19, and south of County Road 18. He further stated the
site is located within the three-mile referral area for the Cities of Fort Lupton and Dacono, and
the Towns of Firestone and Frederick. He confirmed no referral response was received from
the Towns of Firestone and Frederick and the City of Fort Lupton, and the City of Dacono
indicated no concerns. He gave a brief description of the surrounding properties, and indicated
there are seven parcels within 500 feet of the property. He confirmed the property is 8.75 acres
in size and was created through the Recorded Exemption process. He indicated all structures
associated with the proposed use have been constructed, with no additional structural
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development planned for the site, and the property is screened from County Road 19 by a
vegetative hedgerow. Mr. Ogle indicated the kennels are located to the rear of the property and
are separated by an opaque fence. He stated water service is provided to the site from the
Central Weld County Water District, and a septic system, located within the residence, handles
the effluent flow. He further stated the facility will be allowed up to six (6) employees and the
hours of operation will be from 9:00 a.m., to 7:00 p.m., during the winter months, and from
8:00 a.m., to 8:00 p.m., in the summer months. He confirmed the kennel operations are 24
hours per day, seven days a week, and all dogs will be kept indoors after 8:00 p.m. He stated
the access to the site is on County Road 19, which is classified as a collector road, and the
internal access yard is graveled and graded. He further stated the existing improvements on
the site consist of the applicant's residence and outbuildings. He indicated sixteen referral
agencies reviewed the application materials, and eleven provided comments which have been
addressed through the Conditions of Approval and Development Standards. He further
indicated no letters or telephone calls have been received from surrounding property owners.
He stated staff is requesting the addition of Condition of Approval #1.E, as listed within a memo
from Don Dunker, Department of Public Works, which he read into the record. Mr. Ogle
displayed photographs of the site and surrounding area, and in response to Commissioner
Rademacher, he indicated the hedgerow along County Road 19 will have to be removed at such
time that it becomes necessary for the right-of-way along County Road 19 to be expanded.
Further responding to Commissioner Rademacher, Mr. Ogle reiterated no letters of concern
were received from surrounding property owners, and the closest residence is directly adjacent
to County Road 19.
Mr. Dunker stated the access to the site is on County Road 19, which is a paved collector
roadway containing 60 feet of right-of-way, and 80 feet of right-of-way will be required at full
buildout. He stated recent traffic counts indicate an average of 1,308 vehicles utilizing the road
on a daily basis, and the applicant has indicated the uses on the site will create an additional 20
vehicle trips per day, during the week, and 60 vehicle trips during the weekend. He confirmed
the applicant is not allowed to utilize the road to stage vehicles, the site is not located within the
floodplain, and the applicant will utilize a water capture feature area on the site. In response to
Commissioner Rademacher, Mr. Dunker confirmed the hedgerow does not present any serious
safety issues for the travelling public, as long as the hedgerow is occasionally trimmed. He
indicated the vegetation is not in close proximity to the intersection of County Roads 19 and 18.
Responding to Commissioner Conway, Mr. Dunker confirmed the Department is requiring that
the applicant reserve an additional ten feet of right-of-way for County Road 19, and when it
becomes necessary for the County to utilize the additional right-of-way, negotiations with the
applicant will begin. In response to Chair Garcia, Mr. Dunker confirmed the cost of replacing the
vegetation will be discussed during negotiations, and if the vegetation is currently located within
the right-of-way, the County will not be required to pay for the costs of the re -installation of
vegetation. Further responding to Chair Garcia, Mr. Ogle confirmed if the hedgerow is required
to be removed in the future, the applicant will be required to provide some sort of additional
screening to replace the vegetation.
Lauren Light, Department of Public Health and Environment, reiterated water is supplied to the
site from the Central Weld County Water District, and an existing septic system handles the
effluent flow. She confirmed the septic system has been reviewed, and has been determined to
be large enough for the business uses. She indicated the applicant has submitted the required
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Dust Abatement and Waste Handling Plans, which have been approved by staff, and the noise
on the site is restricted to the levels allowed within the Commercial Zone District. She
confirmed the applicant has been diligent to complete most of the requirement before today's
hearing. In response to Commissioner Rademacher, Ms. Light indicated the uses are on the
site are considered to be commercial, therefore, the noise level limits will be similar to the
Commercial Zone District. Further responding to Commissioner Rademacher, Ms. Light
indicated the septic system has been oversized, and will accommodate the three part-time
trainers currently employed at the site.
Denise Coyne, applicant, clarified the dog obedience and agility training are the primary aspects
of her business, and she essentially coaches people on how to teach their dogs. She indicated
the dog course is a great place for dogs to run off their energy and to learn basic commands
and manners. She confirmed the agility course is a lot of fun for both the dogs and their
owners, and the dogs no not make a lot of noise, since they are busy running the courses and
not barking. She indicated she requested approval of a Kennel use because she has four dogs
of her own, and when her daughter's dog stays on the site during the daytime training activities,
the allowed limit of animal units is exceeded. She clarified she will not be operating a true
Kennel, rather, the allowed use is for an additional dog on the site while her daughter helps with
training and agility activities. She confirmed she is the main instructor, one instructor teaches
three hours per week, one instructor teaches two hours per week, and one other instructor
teaches only one hour per week, therefore, her employees are only on the site for minimal
amounts of time. Responding to Chair Garcia, Ms. Coyne reiterated she will not be operating a
commercial kennel, and only dogs belonging to family members will be kept at the facility.
In response to Commissioner Rademacher, Ms. Coyne confirmed the hours of operation, as
listed within Development Standard #26, are adequate, and she does not desire to modify the
hours of operation. Further responding to Commissioner Rademacher, Ms. Coyne confirmed
the allowance of up to six employees is more than adequate for her current and future needs.
Responding to Commissioner Rademacher, Mr. Barker clarified the County is immune from
liability for any types of obstructions within the right-of-way, and the property owner may tie into
the governmental immunity provided. He further clarified State statute requires the property
owner to remove any landscaping if it is within the road right-of-way. In response, Ms. Coyne
confirmed an adequate distance of 40 feet of right-of-way already exists from the centerline of
County Road 19, and the hedgerow is not located within the 40 feet of right-of-way. She further
confirmed she understands that the hedgerow will need to be relocated in the future if the road
is expanded. She indicated further that a vehicle accident previously occurred near her
property, and the driver actually flipped his vehicle within the ditch, and the trees are on the
opposite side of the ditch. Commissioner Kirkmeyer clarified it has been made known that the
hedgerow is located outside of the current right-of-way, and when the County determines it is
necessary to expand the road, the County will be responsible to provide payment to the property
owner to relocate the landscaping. She indicated if the landscaping has to be removed, she
would like the applicant to be required to replace, rather than collecting payment for the
destruction of the landscaping. Ms. Coyne confirmed the landscaping would have to be
replaced, as the hedgerow is utilized for shade on the property. Commissioner Rademacher
indicated the replacement of the hedgerow will be discussed during negotiations between the
County and the property owner, when it is determined that it is necessary to widen the road.
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Commissioner Kirkmeyer clarified the applicant needs to be held responsible for providing some
type of adequate screening if the current landscaping is required to be removed.
No public testimony was offered concerning this matter.
In response to Chair Garcia, the Board concurred with the addition of Condition of
Approval #1.E, as described within the memo provided by Mr. Dunker. Mr. Barker clarified
Development Standard #25 requires that the screening on the site must be maintained in
accordance with the approved Screening Plan, therefore, he does not believe additional
language regarding the issue of removal of the hedgerow is necessary. Mr. Ogle concurred
with Mr. Barker.
In response to Chair Garcia, Ms. Coyne indicated she has reviewed, and concurs with, the
Conditions of Approval and Development Standards, as modified.
Commissioner Rademacher indicated he is familiar with the location of the site, since he drives
by the facility on a very frequent basis. He confirmed the property and facility are clean and well
kept. Commissioner Kirkmeyer confirmed she also frequently drives by the facility, and the
applicant does keep the site looking nice.
Commissioner Kirkmeyer moved to approve the request of Dennis and Denise Coyne for a Site
Specific Development Plan and Use by Special Review Permit #1699 for a Use Permitted as a
Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone
Districts (dog agility and dog obedience training for 35 dogs) and a Kennel for five (5) dogs 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 the addition of Condition of Approval #1.E to state, "County
Road 19 is designated on the Weld County Road Classification Plan as a collector road, which
requires 80 feet of right-of-way at full buildout. There is presently 60 feet of right-of-way. The
applicant shall verify the existing right-of-way and the documents creating the right-of-way.
A total of 40 feet from the centerline of County Road 19 shall be delineated on the plat as future
right-of-way for the expansion of County Road 19. All setbacks shall be measured from the
edge of the future right-of-way. This road is maintained by Weld County." The motion was
seconded by Commissioner Conway, and it carried unanimously. There being no further
discussion, the hearing was completed at 10:35 a.m.
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This Certification was approved on the 9th day of September, 2009.
ATTEST:
Weld County Clerk to the Boar
BY: .,6,�1 6-66V17
54
Deputy Qierk to the Board
BOARD OF COUNTY COMMISSIONERS
WELD COU y Y, COLORADO
vvl
m F. Garcia, Chair
s Radema, her, Pro -Tern
onway
a Kirkmeyer
David E. Long
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EXHIBIT INVENTORY CONTROL SHEET
Case USR-1699 - DENNIS AND DENISE COYNE
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 August 4, 2009)
D. Planning Staff Certification and photo of sign posting
Memo re: Continuance Request from applicant, dated
E. Planning Staff August 05, 2009
F. Planning Staff Letter re: Septic system, dated June 11, 2009
Memo re: Addition of Condition of Approval, dated
G. Public Works Staff 9/2/09
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HEARINGS ARE AS FOLLOWS ON THIS 2ND DAY OF SEPTEMBER, 2009:
DOCKET #2009-41 - Dennis and Denise Coyne
PLEASE legibly write or print your name and complete address.
ADDRESS
123 Nowhere Street, City, State, Zip
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