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HomeMy WebLinkAbout20230597.tiffHEARING CERTIFICATION DOCKET NO. 2023-16.B RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR22-0033, FOR A BREEDING AND BOARDING KENNEL, LIMITED TO 14 DOGS OVER THE AGE OF SIX (6) MONTHS, OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT - CHRISTOPHER GLEASON A public hearing was conducted on March 22, 2023, at 10:00 a.m., with the following present: Commissioner Mike Freeman, Chair Commissioner Perry L. Buck, Pro-Tem Commissioner Scott K. James Commissioner Kevin D. Ross Commissioner Lori Saine Also present: Acting Clerk to the Board, Jan Warwick Assistant County Attorney, Karin McDougal Department of Planning Services representative, Kim Ogle Department of Public Health and Environment representative, Lauren Light The following business was transacted: I hereby certify that pursuant to a notice dated January 23, 2023, and duly published January 25, 2023, in the Greeley Tribune, a public hearing was conducted on March 8, 2023, to consider the request of Christopher Gleason, for a Site Specific Development Plan and Use by Special Review Permit, USR22-0033, for a Breeding and Boarding Kennel, limited to 14 dogs over the age of six (6) months, outside of subdivisions and historic townsites in the A (Agricultural) Zone District. At said the Board continued the hearing to March 22, 2023, to allow the applicant to be present. Karin McDougal, Assistant County Attorney, made this a matter of record. '. Kim Ogle, Department of Planning Services, presented a brief summary of the proposal and described the sign posting and the size of the proposed site. He relayed the site is located within the three (3) mile referral area of the Towns of Pierce and Nunn, and the Town of Pierce's referral raised concerns for the safety of the dogs and persons at the facility, requesting further investigation for the safety of the property owners and the greater community. He stated no concerns were raised in referrals from the Weld County Sheriff or state Pet Animal Care Facilities (PACFA). Mr. Ogle described the surrounding uses, and relayed staff sent Notice to seven (7) surrounding property owners (SPOs), with no concerns received; however, three (3) letters of support were received. He explained the proposed Use is in an area that supports the development, and the proposed screening, Development Standards (DS), and Conditions of Approval (COA) will assist in mitigating the impact of the facility on the surrounding properties. He shared, per the Development Review staff, the parcel has a shared permitted access onto County Road (CR) 33, which is a local gravel road and requires 60 feet of right-of-way. In addition to typical residential traffic of nine (9) round trips per day, the applicant anticipates two (2) additional round trips per day for the boarding clients, and an accepted Drainage Narrative has been cc:pL(TP/NN/Ko) i/23 2023-0597 PL2859 HEARING CERTIFICATION - CHRISTOPHER GLEASON (USR22-0033) PAGE 2 submitted which indicates the site meets the drainage exception. He described the surrounding Uses and explained, in detail, the training and boarding facility. Mr. Ogle shared the applicant has been issued a Zoning Violation, ZCV22-00215, which was initiated due to the operation of a kennel without the appropriate Land Use permits. He explained, if this application is approved, the Violation will be closed; however, if denied, the violation will be referred to the County Attorney's Office for processing. He stated the proposed COA and DS will address the concerns of the community, entered the favorable recommendation of the Planning Commission into the record as written, and displayed images of the site and surrounding views. IEJ Lauren Light, Department of Public Health and Environment, stated the existing residence is served by an individual domestic well, permitted for inside household uses, as well as an on -site wastewater treatment system sized for three (3) bedrooms. She stated a portable toilet will be utilized for clients, water will be trucked in from the Town of Pierce and stored in a 500 -gallon tank for use in the kennel only, waste will be collected daily, and a waste disposal company will remove waste twice monthly. She explained noise is restricted to residential limits, water will be used to control dust as necessary, floor drains in the garage will be utilized for clean water only, as no soaps or detergents are allowed to infiltrate the ground water, and a PACFA license is required. She explained DS #11 — 22 address Environmental Health items and there are no outstanding issues with the request. '' Christopher Gleason, applicant, stated he would like to retain and permit the existing breeding and training operation. In response to Commissioner Ross, Mr. Gleason explained they are in the process of applying for a reclassification of the well permit, and until the change is approved, they will fill a 500 -gallon tank from an offsite location. Mr. Ogle explained the applicant has applied to the Division of Water Resources for a commercial water permit. No public testimony was offered concerning this matter. !' The Board reviewed the Conditions of Approval and Development Standards, and no changes or corrections were made. =! In response to Chair Freeman, Mr. Gleason indicated he had reviewed, and agreed to abide by, the Conditions of Approval and Development Standards, as presented. Commissioner James moved to approve the request of Christopher Gleason for a Site Specific Development Plan and Use by Special Review Permit, USR22-0033, for a Site Specific Development Plan and Use by Special Review Permit, USR22-0033, for a Breeding and Boarding Kennel, limited to 14 dogs over the age of six (6) months and training of up to 12 dogs per year, outside of subdivisions and historic townsites 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 presented. The motion was seconded by Commissioner Buck, and it carried unanimously. There being no further discussion, the hearing was completed at 10:34 a.m. 2023-0597 PL2859 HEARING CERTIFICATION - CHRISTOPHER GLEASON (USR22-0033) PAGE 3 This Certification was approved on the 5th day of April, 2023. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: sQ; � x&o;4. 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