HomeMy WebLinkAbout20050581.tiff HEARING CERTIFICATION
DOCKET NO. 2005-17
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1496
FOR A KENNEL(80-DOG MAXIMUM),AN ADDITIONAL SINGLE FAMILY DWELLING
UNIT(OTHER THAN THOSE PERMITTED UNDER SECTION 23-3-20.A OF THE WELD
COUNTY CODE), AND A RECREATIONAL HORSE FACILITY (HORSE RIDING
LESSONS AND DAY CAMP)IN THEA(AGRICULTURAL)ZONE DISTRICT-JENNIFER
FEDAK, DAVID SIGNER, AND MONICA SIGNER
A public hearing was conducted on March 9, 2005, at 10:00 a.m., with the following present:
Commissioner William H. Jerke, Chair
Commissioner M. J. Geile, Pro-Tem
Commissioner David E. Long
Commissioner Robert D. Masden
Commissioner Glenn Vaad - EXCUSED
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Jacqueline Hatch
Health Department representative, Char Davis
Public Works representative, Peter Schei
The following business was transacted:
I hereby certify that pursuant to a notice dated February 18,2005,and duly published February 23,
2005, in the Fort Lupton Press,a public hearing was conducted to consider the request of Jennifer
Fedak, David Signer,and Monica Signer for a Site Specific Development Plan and Use by Special
Review Permit#1496 for a Kennel (80-dog maximum), an additional Single Family Dwelling Unit
(other than those permitted under Section 23-3-20.A of the Weld County Code),and a Recreational
Horse Facility (horse riding lessons and day camp) in the A (Agricultural) Zone District. Lee
Morrison, Assistant County Attorney, made this a matter of record. Chair Jerke advised the
applicants that they have the option of continuing this matter to a date when the full Board will be
present. However, if they decide to proceed today, it will require three affirmative votes, or in the
case of a tie vote, Commissioner Vaad will listen to the record and make the determining vote.
Jennifer Fedak, co-applicant, indicated they would like to proceed today.
Jacqueline Hatch, 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. She
gave a brief description of the location of the site, and stated the day care will allow up to 20 dogs
at a time;the kennel will have an average of 30 dogs,with a maximum of 60 dogs; and 20 horses
are allowed by right. Ms. Hatch stated the surrounding area consists primarily of agricultural uses
and single family dwellings on large parcels. She stated 13 referral agencies reviewed this
proposal, three indicated no comment, six provided comments that have been addressed in the
Conditions of Approval and Development Standards, and staff did not receive responses from
Boulder County, Larimer County, Division of Wildlife, or the Big Thompson Soil Conservation
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District. (Clerk's Note:Larimer County referral response is in the file,marked Planning Commission
Exhibit 6A.) She further stated staff has received two letters from surrounding property owners
expressing concern regarding noise from barking dogs. In response to Chair Jerke and
Commissioner Long, Ms. Hatch stated the site is 20 acres,and it is her understanding that the day
camp will provide horse riding lessons for children. Responding to Commissioner Masden, Ms.
Hatch stated the closest neighbor lives on the property to the north, Exhibit 5A is from a resident that
lives just across the County line to the west,and Exhibit G was submitted by Roger Seat who lives
approximately one-half mile away.
Char Davis, Department of Public Health and Environment, stated the site is serviced by the Little
Thompson Water District and will use an engineered septic system for the proposed facilities.
Peter Schei, Department of Public Works, stated the site is accessed using an existing access
from Weld County Road 1, which is maintained by Boulder County in this area. He stated the
applicants are being requested to delineate 40 feet of right-of-way from the centerline since Weld
County Road 1 is a collector status road. He stated staff is also requesting the applicants maintain
the historic drainage patterns on the property.
Ms. Fedak stated they intend to operate a business from their home which they purchased last
summer,and they concur with the regulations of the County because they are consistent with their
business practices. She stated they understand the concerns of the neighbors regarding the noise
from barking dogs,therefore,they have completed a noise abatement plan for review. Ms. Fedak
stated they were advised to apply for what they anticipate may be the maximum use on the property;
however,they will likely never build the second residence,and it will be a long time before they build
the other buildings. In response to Chair Jerke,Ms.Fedak stated if they construct the second home,
it will be stick built; however, they are prohibited by a $25,000 tap fee.
Monica Signer,co-applicant,displayed a map showing the location of the other residences in the
area. She stated they have contacted acoustic and sound contractors who provided direction on
how to construct buildings to provide adequate sound barriers, and they will have their plans
reviewed before applying for building permits. Ms. Signer stated they intend to have the dogs in
groups outside during which time they will always be supervised and disciplined with spray bottles
or bark collars,and problem customers will not be allowed outside or in the worst case they do have
the right to refuse their business in the future. She stated they live on the site and can supervise
unusual situations during the night. She stated they intend to do the improvements in phases to
allow them the opportunity to assess what is working and address the concerns of the neighbors.
Ms. Fedak indicated the location of Mr.Seat's residence,and Ms.Signer stated the dark gray area
on her map is a 2,600-foot vicinity. In response to Commissioner Geile, Ms. Fedak indicated the
location of the existing residence as shown on the Lighting Plan included in Exhibit H. In response
to Commissioner Long, Ms. Fedak stated the day camp is a five-hour horsemanship camp where
kids learn about horses,which is similar to others operated in the Boulder and Longmont area. She
explained the Horsemanship Camp is done in one-week sessions,with 12 campers,ages eight and
up. Ms. Davis stated they are required to put a restroom facility in the barn and future residence,
and the system will need to be large enough for the associated activities. Ms. Fedak stated she has
been a manager for horsemanship camps in the past, and because it is a five-hour time frame, it
falls more into a lesson program rather than day care. Mr. Morrison stated the proposed use is not
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clearly outside the list of exceptions for a licensed child care facility,and he referenced Section 12
CCR 2509-8. Ms. Davis suggested adding a Condition requiring the applicants to provide written
evidence of whether a State permit is required or not. Commissioner Long stated the applicants
can also scale back if they do not want to be classified as a daycare facility. Ms. Hatch proposed
language requiring the applicant to contact the Colorado Department of Human Services. Following
discussion, Chair Jerke questioned whether there are other ways to address the issue. Mr.
Morrison stated the Board could choose not to include a condition since there has been sufficient
discussion to make the applicant aware of the possibility of that requirement by another agency.
Responding to Chair Jerke, Mr. Morrison stated if, in the future,the other uses cease and there is
a second house,the applicant would be eligible for a Recorded Exemption. Ms. Hatch stated they
also have the option of doing a partial vacation of the Use by Special Review Permit if all other uses
have ceased.
Pam Huneke, surrounding property owner, stated she owns 65 acres to the south and east of the
subject site,and her house is the closest to the proposed facility. She stated on March 8,2005,she
received comments from two of her neighbors who are also opposed, and there were additional
comments of opposition previously submitted at the Planning Commission. Ms. Huneke stated the
proposed use should not infringe on the rights of the neighbors to enjoy their property or result in
decreased property values. She stated the prior owner's horse breeding facility resulted in damaged
land and joint irrigation structures,and the application indicates the facility will be used in much the
same way. She stated no objections to the horse camp and horse boarding,with the exception of
additional buildings,outdoor lighting,and a retail store. Ms.Huneke stated the property is crossed
with easements,wetlands, and buildings created by the prior owners without the proper permits,
and adding structures will only devalue the area. She stated the prior horse breeding operation
resulted in flies and odor from animal waste and an over-grazed pasture. She further stated they
have had irrigation water only three of the past six years,the supply was very limited,and it will not
be adequate for ten acres, nor does the natural climate support the vegetation. She expressed
concern with the uncertain plans of when the activities will happen. Ms. Huneke stated she shows
breeding dogs and she understands how they act. She stated certain behaviors can be
discouraged;however,there is still the possibility for fights if they are territorial. She requested the
kennel use be disallowed because, although the dogs may like it,the results will be a detriment to
the neighbors and pose a health hazard. She stated there is no good way to ensure the number of
dogs is complied with. The neighborhood has dealt with prior residents because the County
process to revoke a permit is very difficult. She stated the applicant came to her house and
indicated that if they do not get enough horse boarders they will not be able to make the mortgage.
There being no further comments, Chair Jerke closed public testimony.
Ms. Fedak stated they have good relations with their neighbors; however,they do disagree on this
particular issue. She stated their home is within 100 feet and they will address any disturbance at
the kennel. She stated the property will be used in much the same way as it relates to horse uses,
but they are working to repair the pasture and will have a maximum of 20 horses,whereas,the prior
operation had 40 horses. She stated the barn will remain,with the kennel facility to be constructed
within the barn, and the retail component will be for the customers that come for horse lessons or
are leaving their dogs. She explained citronella collars only work on a case-by-case basis and the
equipment is in good working condition. She stated if the mitigation measures do not work they will
not accept the dog back, and they have policies in place to prevent dog fights.
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Ms. Signer stated the three additional structures would be the kennel, horse barn, and residence.
In response to Chair Jerke, Ms. Fedak stated she has 20 years of horsemanship experience,and
she was a riding instructor/trainer/camp director for 11 years. Ms.Signer stated she has been riding
horses most of her life, she spent five years volunteering at the Colorado Horse Rescue,which is
where she met Ms. Fedak. She further stated Mr. Signer volunteered for several years at the
Longmont Humane Society and Dog Care Weekly, and each of them have been dog owners for
many years. Ms. Fedak stated she also volunteered at the Humane Society. Chair Jerke
commented it is apparent they have professional horsemanship training;however,the dog/kennel
experience is not as extensive. Responding to Commissioner Masden, Ms. Fedak reviewed how
citronella collars will be used to discipline barking dogs, and she stated they will not be breeding
puppies,and they will be kept indoors at night. Responding to Commissioner Geile, Mr. Morrison
stated Development Standard #18 deals with noise levels. Commissioner Geile suggested
including a Condition of Approval that references the Noise Mitigation Plan. Ms. Fedak stated the
Noise Mitigation Plan was not required;however,they completed the plan to show how they plan to
comply with Development Standard #18.
Chair Jerke commented the Planning Commission attempted a motion to reduce the number of
dogs to 60 and it failed. He stated the applicants have adequate background in horses; however,
they have limited background in kennel operation, and he requested discussion on reducing the
number of dogs allowed. Commissioner Long stated unless the number is critical to the financial
success of the operation, he would agree to a reduction. Commissioner Masden stated 20 horses
and 80 dogs is a lot of animals to care for on 20 acres. Ms. Fedak stated this issue was discussed
at the Planning Commission and although the motion to reduce the number failed,they had agreed
to reduce the number of dogs to 60. He stated the only time they will get to 80 dogs is when there
are 20 dogs in day care. She stated their busy times are around the holidays, and if it is an issue
of concern,they are willing to eliminate the day care and keep the kennel at a 60-dog capacity. She
stated if the kennel gets to 60,they won't accept dogs for daycare. Mr. Morrison stated the Board
cannot change the application unless the applicant is agreeable. He explained if the applicants are
adamant about maintaining an 80-dog maximum,then the Board needs to consider the application
as proposed.
Commissioner Geile reviewed the Noise Mitigation Plan for the record and how it will address
supervision of the dogs, concerns of the neighbors, etcetera. Mr. Morrison stated the Noise
Mitigation Plan can be added to Development Standard #18. Commissioner Masden stated he
would also like to include a reference to the Lighting Plan.
Commissioner Long stated it seems unfair to hold the applicant to their own standards which, in
many ways, exceed the County's standards. Commissioner Geile stated due to the concerns
expressed by the neighbors, he feels inclusion of the plan in the Development Standards acts as
a mitigation. Commissioner Long stated the other plans were required and the Noise Mitigation Plan
was extra.
Commissioner Geile moved to approve the request of Jennifer Fedak, David Signer, and Monica
Signer for a Site Specific Development Plan and Use by Special Review Permit#1496 for a Kennel
(80-dog maximum), an additional Single Family Dwelling Unit (other than those permitted under
Section 23-3-20.A of the Weld County Code), and a Recreational Horse Facility (horse riding
2005-0581
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HEARING CERTIFICATION - JENNIFER FEDAK, DAVID SIGNER, AND MONICA SIGNER
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PAGE 5
lessons and day camp)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. His motion also included a reduction to a 60-dog maximum,
and modification to Development Standard#14 to reference the submitted Noise Mitigation Plan.
The motion was seconded by Commissioner Long, and it carried unanimously. There being no
further discussion, the hearing was completed at 2:45 p.m.
This Certification was approved on the 14th day of March 2005.
APPROVED:
IF,La BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
1861 ^° •
•� /q�J��////% y / _
et AWilliam H. Jerke, Chair
Weld County Clerk to the Board
EXCUSED DATE OF APPROVAL
M. ci Prp,T
Deputy Clerk to the Boar
\J vid E. Long it\sc)
TAPE #2005-15
Robed D. Masden
DOCKET#2005-17 EXCUSED
Glenn Vaad
2005-0581
PL1764
EXHIBIT INVENTORY CONTROL SHEET
Case USR#1496 - JENNIFER FEDAK, DAVID SIGNER, AND MONICA SIGNER (SUN
PONY RANCH)
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 01/18/2005)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Memo re: Items prior to scheduling, dated
02/09/2005
F. Planning Staff Certification and Photo of sign posting
G. Roger Seat Letter of Concern
H. Applicant Noise Mitigation Plan, 03/08/2005
J.
K.
L.
M.
N.
O.
P.
Q.
R.
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V.
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 9TH DAY OF MARCH, 2005:
DOCKET#2005-15 -WILLIAM AND ANN STONEBRAKER
DOCKET#2005-16 - MARY F. AND GEORGE B. CARLSON REVOCABLE LIVING TRUSTS
DOCKET#2005-17 -JEFFINER FEDAK, DAVID SIGNER, AND MONICA SIGNER
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