HomeMy WebLinkAbout20060078.tiff HEARING CERTIFICATION
DOCKET NO. 2005-92.A
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1525
FOR A KENNEL(80 DOGS,INCLUDING DOG DAYCARE)IN THE A(AGRICULTURAL)
ZONE DISTRICT - DEBORAH LOWRY
A public hearing was conducted on January 11, 2006, at 10:00 a.m., with the following present:
Commissioner M. J. Geile, Chair
Commissioner David E. Long, Pro-Tem
Commissioner William H. Jerke
Commissioner Robert D. Masden
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Jenny VanEgdom
Assistant County Attorney, Lee Morrison
Planning Department representative, Jacqueline Hatch
Health Department representative, Pam Smith
Health Department representative, Char Davis
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated November 23, 2005, and duly published
November 30, 2005, in the Fort Lupton Press, a public hearing was conducted on December 14,
2005,to consider the request of Deborah Lowry for a Site Specific Development Plan and Use by
Special Review Permit#1525 for a Kennel(80 dogs,including dog day care)in the A(Agricultural)
Zone District. At said hearing, at the request of the applicant, the Board deemed it advisable to
continue the matter to January 11, 2006, at 10:00 a.m. On January 11, 2006, Lee Morrison,
Assistant County Attorney, made this a matter of record. Jacqueline Hatch, Department of Planning
Services, presented a brief summary of the proposal and surrounding land uses, and entered the
favorable recommendation of the Planning Commission into the record as written. She stated the
site is currently in violation for the operation of a kennel and doggy day care without the necessary
permits;however,the site will be in compliance upon approval of the Use by Special Review Permit.
She further stated no opposition has been received from the surrounding property owners,and she
displayed photographs of the site and surrounding properties. Ms. Hatch stated 17 referral agencies
reviewed the case, and no comments were received from the Town of Firestone, Boulder County,
and Left Hand Water District. She stated the applicant is requesting a maximum of 80 dogs on the
site; however,the Department of Public Health and Environment has submitted a letter stating the
current septic system is sufficient for an average of 47 dogs and the specified employees. She
further stated the applicant submitted a letter, dated December 2, 2005, which provides a chart
providing the number of dogs allowed on the premises during the course of a year, so as not to
exceed the average of 47 dogs. She stated staff is requesting the chart be incorporated as a
Development Standard, since the fluctuation of the number of dogs on the site will be hard to
monitor. Ms. Hatch read the specifics of the chart into the record, and in response to Chair Jerke,
she provided a detailed explanation of the submitted chart, marked Exhibit H. Responding to
Commissioner Masden, Ms. Hatch stated the suggested dates of the chart correspond with
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HEARING CERTIFICATION - DEBORAH LOWRY (USR#1525)
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Holidays, since more dogs will be boarded at those times.
Pam Smith, Department of Public Health and Environment, stated the kennel has been in use for
approximately seven years. She stated the original septic system was permitted for the house,and
the kennel was connected to the existing septic system. She further stated, as a part of the review
process, an engineer reviewed the current septic system to determine the adequacy. Ms. Smith
stated the engineer was informed that the septic system served an average of 40 dogs, two
occupants of the home, and part-time employees. She stated the applicant did not want to expand
the current septic system,and the engineer determined that the system is adequate for an average
of 47 dogs per day. She further stated the applicant developed the chart in order to meet the
average of 47 dogs per day, and the maximum number of dogs allowed on the site at any time is
80. In response to Commissioner Masden, Ms. Hatch stated the site contains outdoor areas,
kennels,and small dog houses,and the applicant provided photographs with the application. She
further stated the site is heavily wooded. Responding to Commissioner Long,Ms.Smith stated the
dog houses resemble furnished cottages, and she is not sure whether the floors are concrete or
carpeted. In response to ChairGeile, Ms. Smith stated the dog waste will be picked up twice a day
and placed in the garbage. She further stated the excess load to the septic system is the water
from the increased laundry loads.
Char Davis, Department of Public Health and Environment, stated the site is serviced with water
from the Left Hand Water District.
Don Carroll, Department of Public Works, stated the site is located adjacent to Weld County
Road 5, one mile north of State Highway 52,and 60 feet of right-of-way is available. He stated the
traffic count in the area is approximately 100 to 150 vehicles per day. He further stated staff
requested no staging or parking along Weld County Road 5,and that curb stops be provided in the
parking area. Mr. Carroll stated the parcel is small, with a lot of wooded and grassy areas;
therefore, he does not predict any future problems regarding runoff.
Dennis Drumm,Associated Land Consultants,represented the applicant and stated Ms. Lowry lives
on the site and operates A Luv-in Touch Dog Chalet. He stated the applicant was not aware she
was in violation until she received violation notification from the County Compliance Officer in
May 2005. Mr. Drumm stated Ms. Lowry contacted the Department of Planning Services in
July 2005,and submitted the application for a Use by Special Review Permit. He stated the referral
comments have all been addressed, and all the required physical improvements to the site have
been completed. He further stated access to the office has been improved, aggregate has been
added to the access drive and parking area,and a back flow prevention device has been added to
the water system, as requested by the Left Hand Water District.
Deborah Lowry,applicant,stated she owns and operates an upscale boarding facility. She stated
an 1,800-square-foot doggie dorm,with attached solarium, is located on the site,which includes a
kitchen where the food is prepared daily for the dogs. She further stated a play room, a grooming
room for bath and brush, and a laundry room to wash blankets, are also located on the site.
Ms. Lowry stated doggie suites are also located on the property, which include built in beds and
televisions in the room. She stated the dogs are separated according to size and disposition upon
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arrival. She stated the Morgan House,a cottage area separate from the doggie dorm area, is used
for older dogs and smaller dogs during the busy seasons,and classical music plays throughout the
doggie dorm and the Morgan House. Ms. Lowry stated dogs are required to complete a trial day
before boarding at the facility,and dogs that are aggressive or bark excessively are not accepted.
She stated in order to board at the facility, a dog must know basic commands. She stated the
garage of the house contains eight kennels with plush blankets and music, and is used during
Thanksgiving and Christmas Holidays when more space is needed. In response to Commissioner
Jerke, Ms. Lowry stated the laundry room, a sink in the kitchen area, and an employee restroom
located in the doggie dorm contribute to the overall water usage and load on the septic system. She
further stated most of the animal waste is outside; however, minimal hosing of the concrete floor
is sometimes required. Mr. Drumm stated the engineer determined his calculations using a
provision of 30 gallons of liquid waste per day, similar to an ordinary kennel.
In response to Chair Geile,Mr. Drumm stated he and the applicant have reviewed and concur with
the Conditions of Approval and Development Standards. Mr. Drumm stated he believes Ms. Lowry
has been treated fairly throughout the application process, and she was allowed to continue
operations; however, he is concerned that Condition of Approval#4 will prevent Ms. Lowry from
operating until the plat is recorded. In response to Chair Geile, Ms.Hatch stated the applicant may
continue operations,and Condition of Approval#4 is a standard note placed in the Resolution of all
Use by Special Review permits, to ensure the plat is recorded. Mr. Drumm stated the previously
mentioned chart, allocating the number of dogs to be present on the site, was created so that it
would be easier for Code Enforcement Officers to ensure compliance. In response to Chair Geile,
Ms. Hatch stated the applicant requested the chart become a part of the Development Standards;
however, staff has concerns regarding regulating and monitoring the site with a fluctuation of the
number of dogs allowed. Mr. Drumm stated the chart will provide specific guidelines, to facilitate
staff in determining compliance. No public testimony was offered concerning this matter.
Commissioner Jerke stated the chartwould most likely be placed as Development Standard#3,as
it deals with the maximum number of dogs allowed. He further stated he is not in supportof adding
the chart to the Development Standards,and the applicant should be allowed to have a maximum
of 80 dogs on the property at anytime. Commissioner Masden stated he supports the Development
Standard#3 stating a maximum number of 80 dogs. Commissioner Vaad stated he concurs with
the comments expressed by Commissioners Jerke and Masden;however,he is worried about the
condition of the septic system if the permit is transferred, and normal kennel operations begin on
the site. In response to Commissioner Vaad,Ms.Hatch stated the application is transferrable, and
in normal kennel uses, the septic system would most likely fail. She further stated if the system
were to fail in the future, the property owner could be brought before the Board since the septic
system would not be meeting the specified regulations.
Commissioner Jerke moved to approve the request of Deborah Lowry for a Site Specific
Development Plan and Use by Special Review Permit#1525 for a Kennel(80 dogs, including dog
day care)in the A(Agricultural)Zone District,based on the recommendations of the Planning staff
and the Planning Commission, with the Conditions of Approval and Development Standards as
entered into the record. The motion was seconded by Commissioner Vaad, and it carried
unanimously. There being no further discussion, the hearing was completed at 10:45 a.m.
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HEARING CERTIFICATION - DEBORAH LOWRY (USR#1525)
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This Certification was approved on the 16th day of January 2006.
,�. Elia APPROVED:
ARD OF COUNTY COMMISSIONERS
f186i; SIZILD CO TY, COLORADO
ATTEST: �.vi ''
yj °!!
es • J. ile, Chair
Weld County Clerk to the Boar%
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(` David E. Long, Pro-Tem ,
De ty CIik to the Boar '
William H. Jerke
TAPE #2006-01 EXCUSED DATE OF APPROVAL
Robert D. Masden
DOCKET#2005-92.A EXCUSED DATE OF APPROVAL
Glenn Vaad
2006-0078
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EXHIBIT INVENTORY CONTROL SHEET
Case USR #1525 - DEBORAH LOWRY
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 10/18/2005)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Memo re: Items prior to scheduling, dated
11/01/2005
F. Planning Staff Memo re: Request from Applicant for
Continuance, dated 12/05/2005
G. Planning Staff Certification and Photo of sign posting
H. Applicant Memo re: Annual Schedule of Maximum
Number of Dogs Permitted
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