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Home My WebLink About20041888.tiff HEARING CERTIFICATION DOCKET NO. 2004-66.A RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1472 FOR A KENNEL(60 DOGS MAXIMUM) IN THE A(AGRICULTURAL)ZONE DISTRICT- WES MOSER AND SONS, INC., C/O NOAH'S BARK/ JOJO AND STEVE POMEROY A public hearing was conducted on August 4, 2004, at 10:00 a.m., with the following present: Commissioner Robert D. Masden, Chair Commissioner William H. Jerke, Pro-Tem Commissioner M. J. Geile Commissioner David E. Long Commissioner Glenn Vaad 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, Donald Carroll The following business was transacted: I hereby certify that pursuant to a notice dated July 9,2004, and duly published July 14,2004,in the Fort Lupton Press, a public hearing was scheduled for July 28,2004,to consider the request of Wes Moser and Sons, Inc., c/o Noah's Bark/JoJo and Steve Pomeroy,for a Site Specific Development Plan and Use by Special Review Permit #1472 for a Kennel (60 dogs maximum) in the C-3 (Commercial)Zone District. However, due to the lack of a quorum, the hearing was not held. On Monday, August 2, 2004, the Board called up the matter for the purpose of continuing the case to August 4, 2004, as previously arranged with the applicant. On August 4, 2004, 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 entered the favorable recommendation of the Planning Commission into the record as written. She stated the applicants will provide a daycare for dogs on the 6.4-acre parcel, and she described the site layout. Ms. Hatch gave a brief description of the location of the site and surrounding land uses. She stated nine referral agencies reviewed this proposal,seven provided comments that have been addressed through the Conditions of Approval and Development Standards, two had no comment, and staff received one letter from a surrounding property owner expressing concern regarding noise and decreased property values. In response to Commissioner Geile, Ms. Hatch stated, if approved,the pole barn may be used for more indoor kennel space, if needed. She stated the applicant would be required to apply for a Building Permit under this use. Responding to Commissioner Vaad, Ms. Hatch stated the applicants have purchased the property and they reside on the property. Char Davis, Department of Public Health and Environment, stated the site receives water from a domestic/irrigation well,the applicant is in the process of applying fora commercial use on the well, and the house has a septic system which will be upgraded for the additional use. Responding to Commissioner Geile, Ms. Davis stated there is a Condition of Approval requiring the applicant to submit a Waste Handling Plan. She stated the applicant has indicated they will be double bagging the waste and placing it in a dumpster, which will be removed by a trash company. 2004-1888 PL1729 012 / lL //L C8 /O LU HEARING CERTIFICATION - WES MOSER AND SONS, INC., C/O NOAH'S BARK / JOJO AND STEVE POMEROY (USR #1472) PAGE 2 Donald Carroll, Department of Public Works, stated the site is accessed from Weld County Road 43, which is a gravel road. He stated this property is located one mile west of the Tire Mountain facility. He stated the average daily traffic count ranges from 198 to 302 vehicles, and a lot of the traffic is generated by oil and gas activities in the area. Sharyn Frazer,AGPROfessionals, LLC, represented the applicant and stated the pole barn will be used during inclement and extremely hot weather to shelter the dogs, and it will require Building Permits. She stated the applicants have been operating a kennel in Superior, Colorado, for four years; however,they decided to relocate to a more rural area. She further stated the well has been permitted for commercial uses, they will complete the work once the sales contract is complete, and the septic system was designed by an engineer. Ms. Frazer stated the applicants intend to double-bag the waste,which will be removed by a trash company, there is an additional restroom in the detached garage that will house the kennels,and there will be no outside storage. She further stated the dogs will be brought indoors by sunset, and the traffic at the facility will be staggered since clients drop and pick up their dogs at various times. She stated the applicant's current facility is kept very clean, the dogs are well cared for, and the clients are satisfied. Ms. Frazer stated the proposed use is consistent with the surrounding area,and the applicants met with the neighbor who had expressed concerns and they have been resolved. Responding to Commissioner Geile, Ms. Frazer stated the garage will be converted into an indoor kennel facility, and there is an additional barn that can also be used to house the maximum of 60 dogs. Responding to CommissionerJerke, Ms. Frazer stated the new septic system has been converted to meet State specifications and the design has been stamped by an engineer; however,the installer needs to be certified by the Health Department. She explained the garage has been plumbed,and the restroom facility will be finished in the event they hire any employees. She reiterated the applicants will live on the property. Responding to Chair Masden, Ms. Frazer stated the applicant has indicated they do not like barking dogs and excessive barkers are not allowed to return. She stated the current facility is located in a subdivision and there have been no complaints. She further stated the outdoor pens will be screened by the barn, and this facility will be for a daycare kennel only; there will be no breeding. Responding to Commissioner Geile, Ms. Frazer stated there is a contract to buy/sell, real estate agents have been involved, and the closing is scheduled for August 24, 2004. No public testimony was offered concerning this matter. Lauren Light,AGPROfessionals, LLC,expressed concern regarding Condition#1.L because there is mature existing vegetation, and the pens will be surfaced with peagravel. Ms. Hatch stated the outdoor kennel area will be easily compacted by a high number of dogs,therefore,staff included this language to ensure the pen does not generate a dust nuisance. Ms. Light indicated if the record is clear that the language only relates to the outdoor pen area, then she has no concern. She stated Condition#1.O needs to be corrected to replace"Section 23-2-250.8.7"with"Section 23-2-250.F", and Ms. Hatch concurred. Ms. Light requested Condition#1.R be deleted because the applicant will only be installing chain link fencing, which is not normally monitored by the County, and the fencing must be completed in order to operate a boarding kennel. Ms. Hatch stated she has no concern with this request. Mr. Morrison stated this type of permit does not necessarily require collateral because the Board also has the option of revoking the permit if the applicant does not complete the work as agreed. He further stated fencing is essential to the operation of this facility. The Board agreed to delete Condition #1.R. 2004-1888 PL1729 HEARING CERTIFICATION -WES MOSER AND SONS, INC., CIO NOAH'S BARK / JOJO AND STEVE POMEROY (USR#1472) PAGE 3 Commissioner Vaad moved to approve the request of Wes Moser and Sons, Inc., c/o Noah's Bark/JoJo and Steve Pomeroy,for a Site Specific Development Plan and Use by Special Review Permit#1472 for a Kennel (60 dogs maximum)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 modifying Condition#1.O to replace"Section 23-2-250.B.7"with"Section 23-2-250.F",and deleting Condition#1.R. The motion was seconded by Commissioner Long, and it carried unanimously. There being no further discussion, the hearing was completed at 10:30 a.m. This Certification was approved on the 9th day of August 2004. APPROVED: BOARD OF COUNTY COMMISSIONERS n}tj/ WELDTCOLO�tADO Robert D. Masden, Chairerk to the Board William H. J ke, Pro-Tern e ;L Deputy Clerk t the Board M. J. ile TAPE #2004- 33 J Davi . Long DOCKET#2004-66 Glenn Vaad 2004-1888 PL1729 EXHIBIT INVENTORY CONTROL SHEET Case USR #1472 - WES MOSER AND SONS, INC., C/O NOAH'S BARK/ JOJO AND STEVE POMEROY 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 05/18/2004) D. Clerk to the Board Notice of Hearing E. Planning Staff Letter re: Completed items prior to scheduling, dated 06/16/2004 F. Planning Staff Certification and Photo of sign posting, submitted 08/04/2004 G. H. J. K. L. M. N. O. P. Q. R. S. T. U. ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 4TH DAY OF AUGUST, 2004: DOCKET#2004-66 -WES MOSER AND SONS, INC./NOAH'S BARK/JOJO AND STEVE POMEROY DOCKET#2004-52 - DONALD WROBLEWSKI, CIO JOE AND TAMMY WROBLEWSKI DOCKET#2004-67 - DUKE ENERGY FIELD SERVICES DOCKET#2004-68 - FRANCISCO AND LORRAINE VALENCIA PLEASE legibly write or print your name and complete address. NAME ADDRESS John Doe 123 Nowhere Street, City, State, Zip 'I C, ti 4 G AQ;he__ TD i.J.a.3 3 D2J 0,24 Pr- IT 4 0� Co O2 S'2-- �`, V4 v Barrio 6� 6 /935-02- ,. /9��`/ q tJsen (7e e-P J6 yam' �rndri 5 (�2r'ov d c-k /6728 , /9S- vt /174c(Srot, C.D FolOye - 'u_Sex / 9157- /c,9V ' hivy56e�✓ c 6 8-0-e y z eboN r+/ e 3591 Weld CAity Qu 'Cl. ill HodscN, co goo y Z lu on) /giSTH /ve o . , f)e,oat / 573) /5'35-4-602 s Llr ,r1scm Coo r ct ,c/� / m .5-.e 9,. 2/ 5-f Co /-194.7 „IL I koq H. clwc l and Alt L#Jclan4 Co 3037 C rYC�ine v0\ Y\CcG - TP,CA, '(, ` chr---\ C \ S Co q; Lk c ixc c) QAp Y\c `�ci Col QDc t- %co Q c 0 kV \5 `( CD BSc )-P'Ups Ll�tt I kr3) ) \-16eH v C Loi)Cn 0O5 co &� 5 i- chr. / / �r>� �Oj o Minor 101 kth coed crtec or cs.Upe r l e v cc 2OO2 7- Sfi lM Phi / I MD . c© P�jcrre,v . (`Or. Stup to ro r Gp �'D©2 9-- ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 4TH DAY OF AUGUST, 2004: DOCKET#2004-66 -WES MOSER AND SONS, INC./NOAH'S BARK/JOJO AND STEVE POMEROY DOCKET#2004-52 - DONALD WROBLEWSKI, C/O JOE AND TAMMY WROBLEWSKI DOCKET#2004-67 - DUKE ENERGY FIELD SERVICES DOCKET#2004-68 - FRANCISCO AND LORRAINE VALENCIA PLEASE legibly write or print your name and complete address. NAME ADDRESS John Doe 123 Nowhere Street, City, State, Zip 3oZ 5' /!% 77" /}vim CO 91063/ Pa d .as . /9130 19S--11/7- J#c1ovr/ Co ZO6 L L - . , � e9J� 3 41o/ f'o S�od�fL ow,, 13 /31 to 3 a 60 3 �ivn 1f? y37zv � 1�' CC, 23/9412 /9o?ats /�,� -e iv Cd 8 � ,, - x/46/ �� > ZOcS ,'497 1953) E795t ,4UP , /�uc�srn-. �f) 8O/ 7- Hello