HomeMy WebLinkAbout20092785.tiffHEARING CERTIFICATION
DOCKET NO. 2009-60
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT
#1710 FOR A KENNEL (UP TO 39 DOGS OF A NON-SPECIFIC BREED TO INCLUDE
DOGGIE DAYCARE AND BOARDING) IN THE A (AGRICULTURAL) ZONE DISTRICT
- TANNER AND SARAH HILL / DWIGHT AND LEE HILL
A public hearing was conducted on October 21, 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, Heidi Hansen
The following business was transacted:
I hereby certify that pursuant to a notice dated September 18, 2009, and duly published
September 24, 2009, in the Windsor Beacon, a public hearing was conducted to consider the
request of Tanner and Sarah Hill / Dwight and Lee Hill, for a Site Specific Development Plan
and Use by Special Review Permit #1710 for a Kennel (up to 39 dogs of a non-specific breed to
include doggie daycare and boarding) in the A (Agricultural) Zone District. 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 site is located east of County Road 3, south of State Highway 52, and within the
three-mile referral area for the Towns of Erie and Frederick, the City of Dacono, and Boulder
County. He indicated the Town of Erie, within a referral response, indicated it had no conflicts,
and no other responses were received. He confirmed the site is approximately five acres in
size, containing existing improvements, including a residence, an accessory building built in
1909, and several outbuildings, including a barn. He further confirmed the site contains an
outdoor exercise yard for the dogs, south of the kennel building, and adjacent to County Road 3.
He gave a brief description of the uses of the surrounding properties and indicated a ditch
belonging to the New Consolidated Lower Boulder Reservoir and Ditch Company borders the
property along the north. He indicated the Left Hand Water District provides potable water to
the site, and an Individual Sewage Disposal System (I.S.D.S.) handles the effluent flow. He
stated 17 referral agencies reviewed the application materials, and nine provided comments
which have been addressed through the Conditions of Approval and Development Standards.
He confirmed no letters of concern or telephone calls have been received from surrounding
property owners, and he displayed photographs of the site and surrounding areas.
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HEARING CERTIFICATION - TANNER AND SARAH HILL / DWIGHT AND LEE HILL
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Chair Garcia stated the referral provided by the ditch company indicates that the request does
not comply with its Comprehensive Plan. In response, Mr. Ogle indicated the concerns
provided by the ditch company were in reference to the drainage of water from the property into
the ditch to the north, and the applicant has had further discussions with the ditch company,
which he may address during his presentation. Responding to Commissioner Rademacher,
Mr. Ogle confirmed a letter was provided by the Mountain View Fire District, citing concerns;
however, the concerns were not brought up at the Planning Commission hearing, during which
the Fire Chief was present.
Heidi Hansen, Department of Public Works, stated County Road 3 is classified as a major
arterial road, currently containing 60 feet of right-of-way, and requiring 140 feet of right-of-way at
full buildout. She indicated the maximum number of vehicle trips to, and from, the facility on a
daily basis will be 78 vehicles, and the access to the site does contain adequate sight distance.
She stated the applicant will be required to provide a water quality feature on the site, which will
be located in the northeast corner of the site, near the driveway. She confirmed the site is
graveled, runoff will be captured on the site, and the site is not located within the floodplain.
Commissioner Rademacher indicated he thought the requirement for arterial roads was a
buildout of 120 feet. In response, Ms. Hansen confirmed arterial roads contain a future buildout
of 140 feet.
Lauren Light, Department of Public Health and Environment, stated water is provided to the site
from the Left Hand Water District, and a letter has been provided, indicating that the water
usage for the business purposes is allowable. She confirmed the site contains an existing
septic system, which is sized for use by six people, and customers on the site must be allowed
access to the restroom facilities within the residence. She further confirmed the existing septic
system must be evaluated, to determine if the size of the system is adequate, or the applicant
may choose to install a new septic system in the barn building for use by customers. She stated
an old farmhouse is located on the site, which has no record of a septic system, and if the
building is to be utilized as living quarters, a septic permit must be granted. She indicated the
applicant will be required to submit a Dust Abatement Plan, since the driveway and outside area
for dogs are graveled. She further indicated a Waste Handling Plan is required, and the dog
waste should be removed from the site on a weekly basis, at the minimum. She confirmed the
proper license has been approved by the Colorado Department of Agriculture, Division of
Animal Industry, and noise on the site shall be limited to the levels allowed within the
Commercial Zone District. She indicated there are no surrounding property owners directly
adjacent to the site, and the Development Standards required through this USR permit are
consistent with other kennel operations.
Tanner Hill, applicant, confirmed his business provides the services of doggie daycare, on
weekdays, and the boarding of dogs overnight. He confirmed the business is run differently
than the average kennel, and no other animals except for dogs are allowed to be boarded on
the site. He indicated he understands most of the requirements of the Resolution; however, he
believes the intent of the hours of operation and the number of allowed employees may have
gotten confused within Development Standards #3, #4, and #5. He clarified doggie daycare is
not provided on holidays or weekends, boarding occurs 365 days per year, and customers may
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pick up their dogs between the hours of 9:00 a.m., and 5:00 p.m. In response to Chair Garcia,
Mr. Hill indicated allowing dogs to remain outside during daylight hours during the summer
months may be more appropriate for Development Standard #6; however, the limitation of
daylight hours would create a reduced amount of time during winter months. He requested
clarification of Development Standard #5, regarding the fact that no employees will be allowed,
since both he and his wife Sarah are employees of the business. Mr. Hill indicated he was not
aware that the current septic system is sized for use by six people, therefore, he would like to
investigate the possibility of allowing additional employees. He confirmed he understands the
septic system will need to be re -inspected, in order to determine how many people may utilize
the system on a daily basis, and he would like to let the size of the septic system determine the
maximum number of employees allowed on the site.
In response to Commissioner Kirkmeyer, Mr. Hill suggested the modification of Development
Standard #3 to state, "Hours of operation for the Doggie Daycare are during the normal
business hours of 7:00 a.m., to 6:00 p.m., Monday through Friday" Further responding to
Commissioner Kirkmeyer, Mr. Hill requested the deletion of the word "normal" from
Development Standard #3. Commissioner Kirkmeyer suggested Development Standard #4 be
modified to state, "Hours of operation for the Boarding component are 24 hours per day.", and
Mr. Hill concurred with the request. Responding to Commissioner Kirkmeyer, Mr. Hill clarified
he is hesitant to modify Development Standard #6 to reflect that dogs may remain outside
during daylight hours because it gets dark earlier in the winter months; however, the dogs will
not be left outside after 7:00 p.m. during the winter months. He reiterated he would like the
availability to allow dogs to be outside for a longer period of time during the summer months.
Commissioner Rademacher indicated there has been a lot of growth within the surrounding
area, and he has concerns about extending the hours in which dogs are allowed outside
because dogs tend to be noisy. He indicated he does not want the applicant to create a quality
of life issue for the neighbors, in which the neighbors are negatively impacted by noisy barking
dogs. Mr. Hill requested that the Board consider creating language to implement seasonal
hours, and in response, Commissioner Rademacher indicated that he would like to keep the
hours of operation as simple as possible for staff to monitor. Commissioner Kirkmeyer
suggested that the indoor hours for the dogs be from 8:00 p.m., to 7:00 a.m., and it will be the
applicant's prerogative if he would like to bring the dogs inside earlier than 8:00 p.m. during the
winter months. Mr. Hill concurred with Commissioner Kirkmeyer and confirmed he has not
received any complaints from surrounding property owners, therefore, he does not believe the
additional hour will create any quality of life concerns. Commissioner Kirkmeyer indicated the
success of the business operations will determine how many employees are necessary on the
site, and she does not believe a Development Standard limiting the number of employees
should be included within the Resolution. She further indicated the size of the septic system will
determine how many people may be on the site, and it makes sense for this case to delete
Development Standard #5.
Commissioner Conway indicated he is confused about the hours of operation listed within
Development Standard #3, and in response, Commissioner Kirkmeyer suggested the words
"Monday through Friday" also be deleted, so that the hours of operation for the business, the
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times when customers may pick up or drop off dogs, are from 7:00 a.m., to 6:00 p.m., everyday.
She indicated making the hours of operation as general as possible still allows the applicant to
determine which days he will close for Holidays, etcetera.
No public testimony was offered concerning this matter.
Mr. Hill requested clarification regarding Development Standard #22, regarding the primary
access to the site. He indicated at some point in the future, it may become necessary to
relocate the access to the business, or add an additional access, and the language currently
indicates that changes are not allowed. Responding to Chair Garcia, Mr. Ogle confirmed an
amendment to the USR permit would be required if the applicant were to make modifications
regarding access to the site. Commissioner Rademacher disagreed since the applicant would
not be making significant modifications to the business if he were to install an additional access
at the site. Mr. Ogle clarified the Department of Public Works would have concerns regarding
the issuance of a second access on the site, if requested. In response to Commissioner
Rademacher, Ms. Hansen confirmed that the current policy of the Department is that no
additional accesses are allowed on arterial roadways. She confirmed, if necessary in the future,
the applicant could contact the Department regarding the need to relocate the existing access;
however, granting an additional access would be against departmental policy. Mr. Hill indicated
he may request to move the access at some point in the future so that business traffic is not
travelling directly in front of his residence. Commissioner Kirkmeyer indicated the situation may
be addressed now, by modifying Development Standard #22 to indicate that only one access to
the property is allowed, and if it is necessary to modify the primary point of ingress and egress
in the future, the applicant will be required to work with the Department of Public Works. She
further suggested the applicant place an additional building envelope on the plat, indicating a
future location for the new kennel building, if necessary. Mr. Hill confirmed Mr. Ogle suggested
this idea to him as well.
In response to Chair Garcia, the Board concurred with the modification of Development
Standards #3, #4, and #6, as previously described, and the deletion of Development
Standard #5, with the required re -numeration. Further responding to Chair Garcia,
Commissioner Kirkmeyer suggested Development Standard #22 be modified to state, "Only one
point of access shall be allowed to the parcel. Should the applicanUoperator desire to modify
the primary point of ingress and egress, approval must be granted by the Department of Public
Works." Ms. Hansen concurred with the proposed language, and the Board concurred with the
modification of Development Standard #22, as stated by Commissioner Kirkmeyer.
In response to Commissioner Rademacher, Mr. Ogle confirmed the Colorado Department of
Wildlife originally presented concerns regarding fencing on the site, which must allow small
mammals to pass underneath the fence. He further confirmed the applicant is required to
attempt to address the concerns presented by the Colorado Department of Wildlife.
Responding to Commissioner Kirkmeyer, Mr. Ogle confirmed the creation of a Development
Standard, regarding the addition of the future building envelope on the plat, is not necessary. In
response to Mr. Hill, Chair Garcia clarified the number of employees for the business will be
dictated by the service availability of the septic system, and the business plan for the kennel.
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In response to Chair Garcia, Mr. Hill indicated he has reviewed, and concurs with, the
Conditions of Approval and Development Standards, as modified.
Commissioner Kirkmeyer moved to approve the request of Tanner and Sarah Hill / Dwight and
Lee Hill for a Site Specific Development Plan and Use by Special Review Permit #1710 for a
Kennel (up to 39 dogs of a non-specific breed to include doggie daycare and boarding) 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 modification of Development Standard #3 to state, "Hours of
operation for the Doggie Daycare are during the business hours of 7:00 a.m., to 6:00 p.m."; the
modification of Development Standard #4 to state, "Hours of operation for the Boarding
component are 24 hours per day"; the modification of Development Standard #6 to state, "Dogs
shall be kept indoors during nighttime hours (8:00 p.m., to 7:00 am.)."; the modification of
Development Standard #22 to state, "Only one point of access shall be allowed to the parcel.
Should the applicant/operator desire to modify the primary point of ingress and egress, approval
must be granted by the Department of Public Works."; and the deletion of Development
Standard #5, with the required re -numeration. The motion was seconded by Commissioner
Conway, and it carried unanimously. There being no further discussion, the hearing was
completed at 11:20 a.m.
This Certification was approved on the 26th day of October, 2009.
ATTEST:
Weld County Clerk to the Board
BY: la6Lhw le,
Deputy Clerk to the Board :__
BOARD OF COUNTY COMMISSIONERS
W4DA-OIJN Y, COLORADO
Will -m F. Garcia
CA;
Dougl
Rademacr, Pro-Tem
e: P. Conway
ara Kirkmeyer
David E. Long
2009-2785
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EXHIBIT INVENTORY CONTROL SHEET
Case USR #1710 - TANNER AND SARAH HILL / DWIGHT HILL / LEE HILL
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 10/06/2009)
Memo re: Modification of Development Standard #4,
D. Planning Staff dated 10/21/2009
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 21ST DAY OF OCTOBER, 2009:
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