HomeMy WebLinkAbout20080538.tiff HEARING CERTIFICATION
DOCKET NO. 2008-15
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1636
FOR A KENNEL (TO ACCOMMODATE 150 DOGS AND 15 CATS, ALONG WITH
TRAINING CLASSES AND A PET SUPPLY RETAIL COMPONENT) IN THE
A(AGRICULTURAL) ZONE DISTRICT - ROGER AND DIANE ANDREASON
A public hearing was conducted on February 27, 2008, at 10:00 a.m., with the following present:
Commissioner William H. Jerke, Chair
Commissioner Robert D. Masden, Pro-Tem
Commissioner William F. Garcia
Commissioner David E. Long - EXCUSED
Commissioner Douglas Rademacher
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Cyndy Giauque
Planning Department representative, Chris Gathman
Health Department representative, Lauren Light
Public Works representative, David Snyder
The following business was transacted:
I hereby certify that pursuant to a notice dated February 8, 2008, and duly published February 13,
2008, in the Fort Lupton Press, a public hearing was conducted to consider the request of Roger
and Diane Andreason for a Site Specific Development Plan and Use by Special Review
Permit#1636 for a Kennel(to accommodate 150 dogs and 15 cats, along with training classes and
a pet supply retail component) in the A (Agricultural) Zone District. Cyndy Giauque, Assistant
County Attorney, made this a matter of record. Chair Jerke advised the applicant's representative,
Dennis Drumm, that he has the option of continuing this matter to a date when the full Board will
be present. However, if he decides to proceed today, it 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. Drumm indicated he would like to proceed today.
Chris Gathman, Department of Planning Services, presented a brief summary of the proposal,
entered the favorable recommendation of the Planning Commission into the record as written, and
gave a brief description of the location of the site and surrounding land uses. He stated 13 referral
agencies reviewed the proposal, and nine offered comments that have been addressed in the
Conditions of Approval and Development Standards. He stated the proposed facility is one-eighth
of a mile south and east of the nearest residences, and it is adjacent to the municipal boundary for
the Town of Erie. Mr. Gathman stated staff received four letters from surrounding property owners
expressing concerns regarding noise, traffic, and use of the existing access road. He stated the
property utilizes a 30-foot access easement,which is shared with the property owners to the north,
and the easement does not designate specific use of the access. He stated the applicant is
proposing to plant trees to screen the property on the north,west, and east, and the Development
Standards require that the dogs be contained indoors from 7:00 p.m., to 7:00 a.m. He further
stated the site contains an existing single family dwelling on the south, and the proposed office will
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be located on the northern portion of the property. In response to Commissioner Jerke, Mr.
Gathman stated the Bauers own the property to the north under a separate deed, the access is
paved and in good condition, and there is a lot of truck activity on the half section line for gravel
activities to the east of the site. He stated Condition of Approval#1.K address the Screening Plan;
however,the additional language proposed by the Planning Commission was inadvertently omitted
from the Resolution of Recommendation. He stated a sentence should be added to state, "The
plan shall address noise buffering and noise mitigation issues through potential techniques such
as fencing and berming." In response to Commissioner Masden, Mr. Gathman stated there are
gravel USR's surrounding the site, as well as two old USRs on the site which will be vacated as a
Condition of Approval. He stated he is not aware of any other Kennels in the area; however, there
is a Home Business to the south. He further stated there is a distance of approximately 100 feet
from the access to the northern residence, and he displayed photographs of the site and
surrounding land uses. In response to Commissioner Rademacher, Mr. Gathman stated the
properties south of State Highway 52 consist of a residence and oil and gas activities, and the
nearest crossroad is County Road 11, to the west. He stated, if approved, the applicant will
construct a new facility; however, they have been in business at another location for the past 28
years. Commissioner Jerke inquired whether there have been any permit uses at the current
facility.
Pam Smith, Department of Public Health and Environment, stated the applicant is proposing to
have seven full-time employees and two pad-time employees, and the site will be serviced with
public water and a septic system for the kennel office facility. She stated the applicant will be
required to submit a Dust Abatement Plan and Waste Handling Plan, and the Development
Standards will address the operation of the facility to prevent nuisance conditions. Ms. Smith
stated the property is entirely within the 100 year floodplain, and septic systems are prohibited in
the floodway. She referred to a memorandum, marked Exhibit J, requesting the addition of
Condition of Approval #1.6.6 to address the designation of the floodway on the plat, with the
primary and secondary septic system envelopes to be placed outside of the floodway boundary.
She also requested the addition of a new Development Standard #17 to prohibit landscaping and
construction activities in the designated absorption field envelope. She stated the applicants and
their representative have been informed regarding the proposed modifications. In response to
Commissioner Rademacher, Mr. Gathman stated the site is approximately one-quarter of a mile
southeast of Boulder Creek.
David Snyder, Department of Public Works,stated the site is entirely within the 100 year floodplain
for Boulder Creek. He stated there is a Letter of Map Amendment(LOMA)for the existing house,
and they have the option of applying for a map amendment for the entire property, or just the
kennel portion. He stated if the site is found to be out of the floodplain, the applicant will not be
required to obtain a Flood Hazard Development Permit (FHDP). He further stated the site is
accessed from State Highway 52, which is under the jurisdiction of the Colorado Department of
Transportation (CDOT). In response to Commissioner Jerke, Mr. Snyder stated there are no
current floodway maps for the subject property. Commissioner Jerke commented it is unusual that
this is near a stream with water that flows all year and there is no identified floodway boundary,
whereas, other areas that have dry streams have a current boundary map. In response to
Commissioner Rademacher, Mr. Gathman indicated there is a concrete batch plant in close
proximity to the site.
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Chair Jerke requested testimony from members of the public who are unable to return after the
lunch break.
Greg Balmes, surrounding property owner, stated the displayed aerial photograph is out of date
and does not show the existing gravel mine to the east,or the various residences to the southeast.
He stated the Bauer property has already been severely economically damaged by the gravel mine,
and allowing a kennel should not be allowed. He further stated it will take approximately three
months to obtain a LOMA, and there will likely be structural problems due to a very shallow
groundwater table. Mr. Balmes stated allowing a commercial use will result in more traffic on State
Highway 52, and barking dogs will have a negative impact on the surrounding neighbors.
Commissioner Jerke commented the aerial photograph from the County website may be outdated
because they are only done every three years; however, it is duly noted that there are more uses
in the area. In response to Commissioner Rademacher, Mr. Balmes stated the gravel operation
to the northeast has been annexed by the Town of Erie, and is proposed for a wastewater
treatment plant. He further stated the neighbors fought with CDOT regarding the use of an
agricultural access for a commercial operation, and the proposed use is not consistent with the
County's future plans for the area.
In response to Commissioner Jerke, Mr. Snyder stated he does not have concerns with sight
distance issues,although CDOT may require turning lanes. Commissioner Jerke commented staff
should research what is required for the gravel facility access, to remain consistent.
Mr. Drumm represented the applicant and stated they are requesting a kennel for up to 150 dogs
and 15 cats on a property consisting of 13.47 acres. He stated the USR boundary will encompass
only 4.73 acres,the existing house is immediately adjacent to State Highway 52,one-half mile east
of Cline Road, and CDOT has been contacted to address access issues. He stated the applicants
have operated the Colorado Dog Academy in an urban area for the past 28 years, and they have
co-existed with new residential development immediately to the north. Mr. Drumm stated the
applicants will have to apply for a new access permit from CDOT, since this will be a different use,
the number of traffic trips should not be a problem, and the gravel trucks for the adjacent facility
do not have acceleration or deceleration lanes at this time. Mr. Drumm stated the existing house
has been granted a LOMA, indicating it is not in the floodplain. He stated the maps indicate the
flood elevation for that application is lower than any other portion of the subject property,therefore,
he is optimistic a LOMA will be granted for the remainder of the site, which will address many of
the concerns. He stated the Town of Erie intends to construct a wastewater treatment facility to
the northeast of the Andreason property, and it is very unlikely that a use of that nature would be
allowed in the floodplain/floodway. He displayed a map, marked Exhibit I, showing the site layout,
which will mitigate impacts on the neighbors to the north, as well as landscaping to buffer the
neighbor to the west. Mr. Drumm stated the land to the south is owned by the City of Broomfield
and he is uncertain of the City's future plans.
In response to Commissioner Garcia, Mr. Drumm stated the kennel will be enclosed,with attached
dog runs for outdoor activity. He explained the staff accompanies the dogs in the exercise areas
during the day; however, the Planning Commission did discuss the placement of berming and a
solid fence along the west to buffer any noise.
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Commissioner Jerke recessed the meeting until 1:30 p.m. Upon reconvening, responding to
Commissioner Rademacher, Mr. Drumm stated the applicants intend to continue maintaining the
ditch which crosses the property. Responding to Commissioner Masden, Mr. Drumm stated the
property owned by the Town of Erie is accessed from State Highway 52, which is intended to be
used as a wastewater treatment plant. In response to Commissioner Rademacher, Mr. Drumm
stated the applicant will work with the northern property owner to reach an access maintenance
agreement, and the access will also need to be widened for access to the kennel site. He stated
once the facility is in operation, a three-quarter-ton pickup will deliver food and supplies.
Mr. Snyder stated the applicants have obtained a LOMA for the existing residence; however, the
kennel property still needs to get clearance from FEMA. He further stated the gravel operation was
permitted in 1975,and acceleration/deceleration lanes were not required at that time. Mr.Gathman
stated the permitted use was amended in 1981, and 1995, at which time the mining operations
were expanded to encompass the area adjacent to the access road.
Vern Bauer, surrounding property owner, stated his property was surrounded by agriculture when
he and his wife moved in eight years ago; however, the gravel pit has since been expanded, and
the applicants are now proposing a kennel to the south. He stated they share a common driveway
with the applicant, and he expressed concern with allowing additional traffic. Mr. Bauer stated the
site plan shows parking for 50 vehicles, which is more than he wants on his private driveway, and
additional traffic on State Highway 52 will only compound an existing problem. He also expressed
concern with the proposed development impeding the delivery of irrigation water, and noise. He
stated the water table in the area is six to eight feet deep, the corral on the subject site has been
flooded numerous times in the past eight years due to normal stormwater runoff, and there are
drainage problems that need to be resolved. In response to Commissioner Jerke, Mr. Bauer stated
the two properties were separate legal lots when he purchased his home, and the mining
expansion was not disclosed when he moved in. Responding to Commissioner Jerke, Mr. Bauer
stated he owns ten shares of irrigation water, which he uses to irrigate pasture grass to prevent
erosion.
Rich Armstead, surrounding property owner, stated he originally owned the ten-acre parcel, and
it has been flooded by Coal Creek until the water flows over State Highway 52. He expressed
concern with the lack of weed control, and stated the amount of noise which will be generated by
150 dogs will be detrimental to property values in the area. Mr. Armstead also stated concern
regarding waste disposal due to the high groundwater table, which is only one or two feet from the
surface during wet years. He added 50 parking spaces indicates more traffic than has been
presented in the past. He further stated he intends to develop his property into country estates,
and the proposal is not conducive to his plans.
Susan Bauer,surrounding property owner,stated although the applicant may currently be operating
near residential development, her home was developed first. Ms. Bauer stated she and her
husband are being infringed upon by the gravel company, a proposed wastewater treatment plant,
as well as the proposed kennel. She stated it will be difficult for multiple cars to access the lane.
In response to Commissioner Jerke, Ms. Bauer stated it is approximately 50 feet from the shared
access to the access for the gravel operation. There being no further comments, Commissioner
Jerke closed public testimony.
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Roger"Pat" Andreason, applicant, stated he owns the Colorado Dog Academy, which is a large
boarding facility that he has operated in the City of Broomfield since 1978. He stated he intends
to relocate the facility, and clarified they do not have 150 animals dropped off/picked up daily.
Rather, there are three or four people at a time who bring their dogs to stay during vacations. He
stated the number of parking spaces was determined by the Planning regulations, and there have
been no complaints in the past ten years regarding noise at the current facility. He further stated
the indoor kennel noise increases during feeding times between 8:00 a.m., and 10:00 a.m. Mr.
Andreason stated it is unlikely that the resident to the south of State Highway 52 will hear any
barking because they are one-eighth of a mile away and separated by highway traffic. In response
to Commissioner Masden, Mr.Andreason stated they are busiest during the summer months when
people are on vacation, they board an average of 100 dogs on large holidays, and they only
average 50 to 100 dogs at their established facility with a long-time clientele. He stated this will be
a new facility and he anticipates there will be a minimal numbers of dogs until the area grows and
they gain new customers. He further stated the kennels are hosed and disinfected daily, solid
waste is collected and hauled by waste management on a weekly basis, and liquid waste is rinsed
and drains into the sewer system. In response to Commissioner Rademacher, Mr. Andreason
stated the City of Broomfield has designated the existing area for other types of use, and the
subject site is approximately 14 acres. Responding to Commissioner Jerke, Mr.Andreason agreed
the gravel entrance is approximately 50 feet, or less, from the shared access.
Mr. Drumm stated the Andreason property is 350 feet wide,therefore,the aerial photograph would
indicate the distance to the gravel entrance is more than 50 feet. He clarified the plan desigates
30 parking spaces, and based on his visits to the current facility, he has only witnessed three or
four cars at the site at a time. He stated the irrigation water will continue to be delivered, although
the design is yet to be determined. He further stated the applicant will be required to meet CDOT's
technical requirements when they work to obtain a new access permit. Mr. Drumm stated he
believes the application is in compliance and consistent with the Weld County Code and the
Comprehensive Plan. He stated the subject site is in an Agricultural area, and a kennel can be
permitted as a Use by Special Review.
In response to Commissioner Garcia, Mr. Gathman stated, if this case is approved and the LOMA
shows the lot to be total or partially unusable, there is a Condition of Approval which requires the
floodplain and floodway issues be addressed before recording of the plat. He further stated,
although the request may be approved, the USR is not officially recognized until the plat is
recorded. Mr. Drumm stated Condition of Approval #2 requires the plat to be recorded within 60
days, and he requested that be extended to 120 days to meet the FEMA requirement.
Mr. Gathman stated the Department of Public Works is requiring the applicant to widen the access
to consist of two 11-foot travel lanes from the access to the parking lot, with a Stop sign at the
entrance to the Highway. He stated the requirement will be shown on the plat map, and the road
improvements may be addressed through an Improvements Agreement and adequate collateral.
Ms. Giauque stated although the access will be built to County standards, it will continue to be
privately maintained. Upon review,the Board indicated agreement with the modifications proposed
by Health staff in the memorandum, marked Exhibit J. In response to Commissioner Rademacher,
Mr. Gathman stated there is a mobile home park located at the northeast corner of the intersection
of County Road 1 and State Highway 52. He further stated he is not aware of any pending plans
for development south of the site.
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Commissioner Masden stated this appears to be a good application especially with the discussed
modifications; however, based on public testimony, he has issues with the potential increase in
traffic, conflicts regarding the access easement, and inadequate ingress/egress. He stated the
proposed use will create a major impact on the property owners to the north, it is incompatible with
uses in the area, and the floodplain issue is also a major concern due to high water from the
Boulder Creek and Coal Creek.
Commissioner Rademacher stated he has similar concerns,and he would have preferred there be
a road agreement prior to this hearing. He stated the area is growing, and it will likely develop with
residential uses, which will result in incompatibility issues.
Commissioner Garcia stated he has similar concerns regarding compatibility,access,and floodway
issues. He stated this is a high growth area, and as proposals continue to be submitted, there will
likely continue to be strains between rural and urban uses. He stated his main concern is the
floodway issue, and he would support a continuance of the matter to obtain a determination by
FEMA.
Commissioner Jerke commented the proposal is dependant upon a shared drive,and the applicant
should have come to an agreement with the neighbor first. He stated there are traffic issues, with
gravel trucks accessing the State Highway approximately 100 feet away, as well as incompatibility
and opposition from the neighbors.
Commissioner Masden moved to deny the request of Roger and Diane Andreason for a Site
Specific Development Plan and Use by Special Review Permit #1636 for a Kennel (to
accommodate 150 dogs and 15 cats,along with training classes and a pet supply retail component)
in the A (Agricultural) Zone District, based on the findings as previously discussed, and that the
proposal is not consistent with Sections 23-2-230.8.3, 23-2-230.B.4, 23-2-230.B.5, and
23-2-230.6.7 of the Weld County Code. The motion was seconded by Commissioner
Rademacher. Commissioner Garcia stated he would prefer to continue the matter, and he
requested a roll call vote. Chair Jerke commented the applicant does have the option of submitting
a Substantial Change application if access issues are resolved with the neighbors, or FEMA
determines the site is not within the floodplain/floodway, etcetera. Upon a call for the vote, the
motion carried three to one, with Commissioner Garcia opposed. There being no further
discussion, the hearing was completed at 2:25 p.m.
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HEARING CERTIFICATION - ROGER AND DIANE ANDREASON (USR#1636)
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This Certification was approved on the 3rd day of March, 2008.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
D COUNTY, COLORADO
ATTEST: tittiled) "11.-17
-- ,r
Will J rke, Chair
Weld County Clerk to the Board �°I' .C�\Y�^ipV,ful ,)� ,--
8y t
Rcb en, Pro-Tem
Deputy-Clerk to the Board - --
William F. Garcia
EXCUSED
David E. Long
Douglag Radema her
2008-0538
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EXHIBIT INVENTORY CONTROL SHEET
Case USR#1636 - ROGER AND DIANE ANDREASON
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes 12/18/2007)
D. Clerk to the Board Notice of Hearing (Filed under Legals)
E. Planning Staff Memo re: Modification of Condition of
Approval #1.G, dated 2/8/2008
F. Christi and Ken Neuens E-mail of Opposition, dated 02/21/2008
G. Vernon and Susan Bauer Letter of Opposition, dated 02/26/2008
H. Planning Staff Certification and Photo of sign posting
Applicant Oversized Map of site
J. Planning Staff Memo re: Amendments to Conditions and
Development Standards, and Vicinity Map
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