HomeMy WebLinkAbout20231580.tiffBefore the Weld County, Colorado, Planning Commission
Resolution of Recommendation to the Board of County Commissioners
Moved by Shana Morgan, that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
Case Number USR23-0004
Applicant Shannon Kemp, c/o Mel's Dog House
Planner: Kim Ogle
Request A Site Specific Development Plan and Use by Special Review Permit for a Doggie
Daycare and Boarding Kennel limited to forty-five (45) dogs over the age of six (6)
months in a subdivision in the A (Agricultural) Zone District.
Legal Description: Lot 3 Lake Meadows Subdivision, being part of Section 29, Township 3 North,
Range 68 West of the 6th P M Weld County. Colorado.
Location East of and adjacent to County Road 3; approximately 1750 -feet south of State
Highway 66
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the
Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23-2-
220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable
code provisions or ordinance in effect.
Section 22-2-10.B. states: "Respecting Private Property Rights. One of the basic principles upon
which the United States was founded is the right of citizens to own and utilize property so long as that
use complies with local regulations and does not interfere with or infringe upon the rights of others."
The request to utilize the residential platted parcel located on non -agriculturally productive land for a
doggy daycare and kennel, as well as on -going residential use, is in line with this section of the
Comprehensive Plan. The property owner's business will comply with local regulations and does not
appear to interfere with or infringe upon the rights of others.
Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone
District.
Section 22-3-10. states, "Agriculture in the County is considered a valuable resource which must be
protected from adverse impacts resulting from uncontrolled and undirected business, industrial and
residential land uses. The A (Agricultural) Zone District is established to maintain and promote
agriculture as an essential feature of the county. The A (Agricultural) Zone District is intended to
provide areas for the conduct of agricultural activities and activities related to agriculture and
agricultural production, and for areas for natural resource extraction and energy development, without
the interference of other, incompatible land uses.
This code section in essence supports the proposed USR application. as the proposed operation is
controlled and does not interfere with agricultural activities or other use by right activities. Weld
County Code Section 23-3-40.N allows for kenneling, dog school and supporting activities for more
than four (4) dogs with approval of a Special Use Permit.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The surrounding land uses of the site include rural residential properties on platted lots and recorded
exemption lots and tracts of irrigated agricultural lands. The proposed use of the site will be to
maintain the current residential use and add the additional use of doggy daycare and overnight
kennel. The manager and part owner of the business will live on the property. as it is their home.
Resolution USR23-0004
Shannon Kemp, do Mel's Dog House
Page 2
Notices were sent out to community members by US Mail to properties with residential structures
within 500 -feet of the property introducing the proposed doggie daycare and kennel boarding facility
prior to submitted the application in early January 2023
Weld County Department of Planning Services staff sent notice to nine (9) surrounding property
owners within 500 feet of the proposed USR boundary Two telephone calls and two letters in
opposition to the proposed facility were received written correspondence or telephone calls were
received through April 24, 2023
The proposed use is in an area that can support this development and the proposed screening,
Development Standards, and Conditions of Approval will assist in mitigating the impacts of the facility
on adjacent properties and ensure compatibility with surrounding land uses and region
D Section 23-2-220 A 4 -- The uses which will be permitted will be compatible with future development
of the surrounding area as permitted by the existing zoning and with the future development as
projected by Chapter 22 of the Weld County Code and any other applicable code provisions or
ordinances in effect, or the adopted Master Plans of affected municipalities
The site is located within the three (3) mile referral and Coordinated Planning Agreement Area or an
Intergovernmental Agreement Area for the City of Longmont and Towns of Firestone and Mead The
Town of Firestone in the NOI dated November 8, 2022 indicated they did not want to pursue
annexation of the property and the Town of Mead in the NOI dated November 7, 2022 indicted that
the site is located outside of the Mead Area of Influence and within the Longmont Planning Area The
City of Longmont in their NOI dated November 9, 2022 indicated they did not want to pursue
annexation of the property The site is also within three (3) miles of Boulder County
The Town of Firestone in their referral dated January 18, 2023 indicated no conflicts with their
interests Boulder County in their referral dated January 23, 2023 indicated no concerns The Town
of Mead and City of Longmont did not return a referral response
The site is located outside of the Urban Growth Boundary as delineated on the Town of Firestone
Future Master Plan Map dated 2014 The site is also located outside of the Town of Mead's March
2018 Future Land Use Map and Mead Planning Influence Area The City of Longmont Future Land
Use and Transportation System Map delineates this area as outside of the Municipal Service Area
per the Envision Longmont Comprehensive Plan dated June 2016
E Section 23-2-220 A 5 -- The application complies with Chapter 23, Articles V and XI, of the Weld
County Code
The property is not within the Airport Overlay District, I-25 Overlay District, Geologic Hazard Overlay
District, MS4 - Municipal Separate Storm Sewer System area, Historic Townsites Overlay District, or
Agricultural Heritage Overlay District Building Permits issued on the property will be required to
adhere to the fee structure of the County -Wide Road Impact Fee Program, County Facility Fee, and
Drainage Impact Fee Programs
F Section 23-2-220 A6 -- The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use
The proposal is located on an 8 72 acre platted subdivision lot therefore no prime agricultural land is
affected by this proposal
G Section 23-2-220 A 7 — There is adequate provisions for the protection of the health, safety, and
welfare of the inhabitants of the neighborhood and County
The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-
250, Weld County Code), Conditions of Approval and Development Standards can ensure that there
are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the
neighborhood and County
Resolution USR23-0004
Shannon Kemp, do Mel's Dog House
Page 3
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities
The Planning Commission recommendation for approval is conditional upon the following
1 Prior to recording the map
A The applicant shall acknowledge the requirements of Mountain View Fire Rescue referral dated
January 24, 2023 Written evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services (Department of Planning Services)
B A Fencing plan to address the outdoor areas for the dogs with a timeline for construction/ installation
shall be submitted to and accepted by the Department of Planning Services (Department of Planning
Services)
C The applicant shall address the requirements the Department of Planning Services — Building
Inspection, as stated in the referral response dated January 17, 2023 Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services (Department of Planning
Services — Building Inspection)
D A Road Maintenance Agreement is required at this location Road maintenance includes, but is not
limited to, dust control and damage repair to specified travel routes (Development Review)
E The map shall be amended to delineate the following
1 All sheets of the map shall be labeled USR23-0004 (Department of Planning Services)
2 The attached Development Standards (Department of Planning Services)
3 The map shall be prepared in accordance with Section 23-2-260 D of the Weld County Code
(Department of Planning Services)
4 The applicant shall delineate on the map the trash collection areas Section 23-2-240 A 13 of the
Weld County Code addresses the issue of trash collection areas (Department of Planning
Services)
5 The map shall delineate the landscaping in accordance with the approved Landscape Plan
(Department of Planning Services)
6 The map shall delineate the onsite lighting for the kennel area (Department of Planning
Services)
7 All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2 of the
Weld County Code (Department of Planning Services)
8 The map shall delineate the parking area for the vendors, customers and/or employees
(Department of Planning Services)
9 County Road 3 is a gravel road and is designated on the Weld County Functional Classification
Map as a local road which requires 60 feet of right-of-way at full buildout The applicant shall
delineate and label on the site map or plat the future and existing right-of-way (along with the
documents creating the existing right-of-way) and the physical location of the road All setbacks
shall be measured from the edge of right-of-way This road is maintained by Weld County
(Development Review)
Resolution USR23-0004
Shannon Kemp, do Mers Dog House
Page 4
10 Show and label the proposed access, approved access width and the appropriate turning radii
on the site plan The applicant must obtain an access permit in the approved location
(Development Review)
11 Show and label the approved tracking control on the site plan (Development Review)
12 Show and label the drainage flow arrows (Development Review)
13 Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property (Development Review)
2 Prior to Operation
A The facility manager shall provide evidence of a current Pet Animal Care Facilities Act (PACFA)
license (Department of Planning Services)
B An On -Site Wastewater Treatment system is required for the kennel structure and shall be
installed according to the Weld County On -Site Wastewater Treatment System (OWTS)
Regulations (Department of Public Health and Environment)
C The existing barn was built without permits In order to use the building for commercial purposes
it will need to be brought into compliance with Weld Counties adopted building codes In addition
to the listed items on the commercial building permit, the building and foundation will need to be
assessed by a Colorado licensed structural engineer (Department of Planning Services —
Building Inspection)
D The kennel building shall have a Certificate of Occupancy (Department of Planning Services —
Building Inspection)
3 Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic
copy ( pdf) of the map for preliminary approval to the Weld County Department of Planning Services
Upon approval of the map the applicant shall submit a Mylar map along with all other documentation
required as Conditions of Approval The Mylar map shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of Planning Services The map shall be prepared in
accordance with the requirements of Section 23-2-260 D of the Weld County Code The Mylar map
and additional requirements shall be submitted within one hundred twenty (120) days from the date of
the Board of County Commissioners Resolution The applicant shall be responsible for paying the
recording fee (Department of Planning Services)
4 In accordance with Appendix 5-J of the Weld County Code, should the map not be recorded within
the specified timeline from the date of the Board of County Commissioners Resolution, a $50 00
recording continuance fee shall be added for each additional 3 -month period (Department of
Planning Services)
5 The Use by Special Review Permit is not perfected until the Conditions of Approval are completed
and the map is recorded Activity shall not occur, nor shall any building or electrical permits be issued
on the property, until the Use by Special Review plat is ready to be recorded in the office of the Weld
County Clerk and Recorder or the applicant has been approved for an early release agreement
(Department of Planning Services)
Resolution USR23-0004
Shannon Kemp, do Mel's Dog House
Page 5
Motion seconded by Sam Gluck
VOTE
For Passage
Elijah Hatch
Skip Holland
Sam Gluck
Michael Wailes
Shana Morgan
1
Against Passage Absent
Butch White
Pamela Edens
Michael Palau
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioners for further proceedings
Certification of Copy
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that
the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld
County, Colorado, adopted on May 2, 2023
Dated the 2nd of May, 2023
e nvAllith
Kristine Ranslem
Secretary
Resolution USR23-0004
Shannon Kemp, do Mel's Dog House
Page 6
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
SSJ Farms, LLC I Mel's Dog House
USR23-0004
Site Specific Development Plan and Use by Special Review Permit, USR23-0004, for Doggy Daycare
and Boarding Kennel for up to forty-five (45) dogs in subdivisions in the A (Agricultural) Zone District,
subject to the Development Standards stated hereon (Department of Planning Services)
2 Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County
Code (Department of Planning Services)
3 USR23-0004 for a for Doggy Daycare and Boarding Kennel for up to forty-five (45) dogs is non-
transferrable and the permit shall expire upon conveyance of the property to a new owner (Department of
Planning Services)
4 The hours of operation for the boarding kennel are 24 hours/day All boarded animals shall be kept
indoors between 7 00 PM and 7 00 AM (Department of Planning Services)
5 The hours of operation for the office are 7 00 AM to 6 00 PM daily, as stated in the application materials
(Department of Planning Services)
6 The hours of operation for the scheduled pick-up and drops offs are Saturday -Sunday 10 00 AM -4 00
PM , as stated in the application materials (Department of Planning Services)
7 The number of full-time employees shall be up to four (4), in addition to the property owners (Department
of Planning Services)
8 The parking area on the site shall be maintained (Department of Planning Services)
9 All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code (Department of
Planning Services)
10 The existing landscaping and proposed fencing on the site shall be maintained (Department of Planning
Services)
11 The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to
Chapter 15, Article I and II, of the Weld County Code (Development Review)
12 The access to the site shall be maintained to mitigate any impacts to the public road, including damages
and/or off -site tracking (Development Review)
13 There shall be no parking or staging of vehicles on public roads On -site parking shall be utilized
(Development Review)
14 The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement (Development Review)
15 The Road Maintenance Agreement for this site maybe reviewed on an annual basis, including a site visit
and possible updates (Development Review)
16 The historical flow patterns and runoff amounts on the site will be maintained (Development Review)
Resolution USR23-0004
Shannon Kemp, do Mel's Dog House
Page 7
17 All liquid and solid wastes (as defined in the Solid Wastes Disposal Sitesand Facilities Act, 30-20-100 5,
C R S ) shall be stored and removed for final disposal in a manner that protects against surface and
groundwater contamination (Department of Public Health and Environment)
18 No permanent disposal of wastes shall be permitted at this site This is not meant to include those
wastes specifically excluded from the definitionof a solid waste in the Solid Wastes Disposal Sites and
Facilities Act, 30-20-100 5, C R S (Department of Public Health and Environment)
19 Waste materials shall be handled, stored, and disposed in a manner thatcontrols fugitive dust, fugitive
particulate emissions, blowing debris, and other potential nuisance conditions The applicant shall
operate in accordance with Chapter 14, Article 1 of the Weld County Code The accepted waste handling
plan shall be adhered to (Department of Public Health and Environment)
20 Fugitive dust should attempt to be confined on the property Uses on theproperty should comply with the
Colorado Air Quality Commission's air quality regulations The accepted dust abatement plan shall be
adhered to (Department of Public Health and Environment)
21 The facility shall adhere to the maximum permissible noise levels allowedin the Residential Zone as
delineated in 25-12-103 C R S (Department of Public Health and Environment)
22 The applicant shall comply with all applicable rules and regulations of the Colorado Department of
Agriculture (CDA), Division of Animal Industry (Department of Public Health and Environment)
23 Animal and feed wastes, bedding, debris, and other organic wastes shall be disposed of so that vermin
infestation, odors, disease hazards, and nuisances are minimized (Department of Public Health and
Environment)
24 A permanent, adequate water supply shall be provided for drinking and sanitary purposes as applicable
(Department of Public Health and Environment)
25 Any On -site Wastewater Treatment System located on the property mustcomply with all provisions of the
Weld County Code, pertaining to On-siteWastewater Treatment Systems (Department of Public Health
and Environment)
26 Any washing areas shall capture all effluent and prevent discharges in accordance with the Rules and
Regulations of the Water Quality Control Commission, and the Environmental Protection Agency
(Department of Public Health and Environment)
27 The operation shall comply with all applicable rules and regulations of State and Federal agencies and
the Weld County Code (Department of Public Health and Environment)
28 Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where
such would cause a nuisance or interfere with the use on the adjacent properties in accordance with the
plan Neither the direct, nor reflected, light from any light source may create a traffic hazard to operators
of motor vehicles on public or private streets No colored lights may be used which may be confused
with, or construed as, traffic control devices (Department of Planning Services)
29 Building permits may be required, for any new construction, setup of manufactured structures, or change
of use of existing buildings per Section 29-3-10 of the Weld County Code Buildings and structures shall
conform to the requirements of the various codes adopted at the time of permit application Currently the
following has been adopted by Weld County 2018 International Building Codes, 2018 International
Energy Code, 2020 National Electrical Code, and Chapter 29 of the Weld County Code A Building Permit
Application must be completed and two (2) complete sets of engineered plans bearing the wet stamp of a
Colorado registered architect or engineer must be submitted for review A Geotechnical Engineering
Report, performed by a Colorado registered engineer, shall be required or an Open Hole Inspection A
building permit must be issued prior to the start of construction (Department of Building Inspection)
Resolution USR23-0004
Shannon Kemp. do Mel's Dog House
Page 8
30. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
31. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and Public
Health and Environment shall be granted access onto the property at any reasonable time in order to
ensure the activities carried out on the property comply with the Conditions of Approval and Development
Standards stated herein and all applicable Weld County regulations.
32. The Use by Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or
Development Standards, as shown or stated, shall require the approval of an amendment of the Permit
by the Weld County Board of County Commissioners before such changes from the plans or
Development Standards are permitted. Any other changes shall be filed in the office of the Department of
Planning Services.
33. USR23 0004 for a for Doggy Daycare and Boardin
g
ennel for up to forty five (45) dogs in subdivisions
34. The property owner or operator shall be responsible for complying with all of the foregoing Development
Standards. Noncompliance with any of the foregoing Development Standards may be reason for
revocation of the Permit by the Board of County Commissioners.
35. Construction or use pursuant to approval of a Use by Special Review Permit shall be commenced within
three (3) years from the date of approval, unless otherwise specified by the Board of County
Commissioners when issuing the original Permit, or the Permit shall be vacated. The Director of Planning
S ervices may grant an extension of time, for good cause shown, upon a written request by the landowner.
36. This Use by Special Review shall terminate when the use is discontinued for a period of three (3)
consecutive years. the use of the land changes or the time period established by the Board of County
Commissioners through the approval process expires. The landowner may notify the Department of
Planning Services of a termination of the use, or Planning Services staff may observe that the use has
been terminated. When either the Department of Planning Services is notified by the landowner. or when
the Department of Planning Services observes that the use may have been terminated, the Planner shall
send certified written notice to the landowner asking that the landowner request to vacate the Use by
S pecial Review Permit.
37 RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most
abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal.
U nder title 34 of the Colorado Revised Statutes. minerals are vital resources because (a) the state's
commercial mineral deposits are essential to the state's economy; (b) the populous counties of the state
face a critical shortage of such deposits; and (c) such deposits should be extracted according to a rational
plan. calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology
and quality of life of the citizens of the populous counties of the state.
Mineral resource locations are widespread throughout the County and persons moving into these areas
must recognize the various impacts associated with this development. Often times. mineral resource
sites are fixed to their geographical and geophysical locations. Moreover, these resources are protected
property rights and mineral owners should be afforded the opportunity to extract the mineral resource.
38. WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive
agricultural counties in the United States typically ranking in the top ten counties in the country in total
market value of agricultural products sold. The rural areas of Weld County may be open and spacious,
but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept
there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of
services than in town. Along with the drawbacks come the incentives which attract urban dwellers to
relocate to rural areas: open views. spaciousness, wildlife. lack of city noise and congestion, and the
Resolution USR23-0004
Shannon Kemp, do Mel's Dog House
Page 9
rural atmosphere and way of life Without neighboring farms, those features which attract urban dwellers
to rural Weld County would quickly be gone forever
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area Well -run agricultural activities
will generate off -site impacts, including noise from tractors and equipment, slow -moving farm vehicles on
rural roads, dust from animal pens, field work, harvest and gravel roads, odor from animal confinement,
silage and manure, smoke from ditch burning, flies and mosquitoes, hunting and trapping activities,
shooting sports, legal hazing of nuisance wildlife, and the use of pesticides and fertilizers in the fields,
including the use of aerial spraying It is common practice for agricultural producers to utilize an
accumulation of agricultural machinery and supplies to assist in their agricultural operations A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural and
urban areas of the County Section 35-3 5-102, CRS , provides that an agricultural operation shall not
be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs
methods or practices that are commonly or reasonably associated with agricultural production
Water has been, and continues to be, the lifeline for the agricultural community It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the
size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and
county roads outside of municipalities The sheer magnitude of the area to be served stretches available
resources Law enforcement is based on responses to complaints more than on patrols of the County,
and the distances which must be traveled may delay all emergency responses, including law
enforcement, ambulance, and fire Fire protection is usually provided by volunteers who must leave their
jobs and families to respond to emergencies County gravel roads, no matter how often they are bladed,
will not provide the same kind of surface expected from a paved road Snow removal priorities mean that
roads from subdivisions to arterials may not be cleared for several days after a major snowstorm
Services in rural areas, in many cases, will not be equivalent to municipal services Rural dwellers must,
by necessity, be more self-sufficient than urban dwellers
People are exposed to different hazards in the County than in an urban or suburban setting Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and
open burning present real threats Controlling children's activities is important, not only for their safety,
but also for the protection of the farmer's livelihood
Summary of the Weld County Planning Commission Meeting
Tuesday, May 2, 2023
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair,
Elijah Hatch, at 1:32 p.m.
Roll Call.
Present. Elijah Hatch, Skip Holland. Sam Gluck, Butch White. Michael Wailes, Shana Morgan.
Absent: Pamela Edens, Michael Palizzi.
Also Present: Kim Ogle, Chris Gathman, Diana Aungst, Maxwell Nader. and Jim Flesher, Department of
Planning Services; Rob Adriaens, Department of Building Inspection; Lauren Light, Department of Health:
Karin McDougal. County Attorney, and Kris Ranslem, Secretary.
Case Number:
Applicant
Planner
Request:
Legal Description:
Location
USR23-0004
R23-0004
Shannon Kemp, c/o Mel's Dog House
Kim Ogle
A Site Specific Development Plan and Use by Special Review Permit for a Doggie
Daycare and Boarding Kennel limited to forty-five (45) dogs over the age of six (6)
months in a subdivision in the A (Agricultural) Zone District
Lot 3 Lake Meadows Subdivision, being part of Section 29, Township 3 North,
Range 68 West of the 6th P.M. Weld County. Colorado.
East of and adjacent to County Road 3: approximately 1750 -feet south of State
Highway 66.
Kim Ogle. Planning Services, presented Case USR23-0004, reading the recommendation and comments
into the record. Mr. Ogle noted that Staff received two (2) telephone calls and six (6) letters in opposition
to this application. The general comments received with concerns include the number of dogs requested,
the property owner does not live on site, excessive barking from dogs. odor during summer months, traffic
safety. potential contamination of irrigation water and potential devaluation of family residence. The
Department of Planning Services recommends approval of this application along with conditions of approval
and development standards.
Commissioner Wailes asked if there is a current zoning violation on this property. Mr. Ogle replied no.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control. noise and the Waste Handling Plan.
Shannon Kemp. 11705 Montgomery Circle. Longmont. Colorado and Melissa Kittler. 13676 CR 3.
Longmont, Colorado. Ms. Kemp said that she owns the property but her and Ms. Kittler are partners with
the doggie daycare. Ms. Kemp said that they have done a lot of work in preparing the application and
added that they do have their PACFA license.
Commissioner White asked how they control the barking at night. Ms. Kittler said that the dogs run and play
all day and then at night they will be in a barn and will sleep. Ms. Kemp added that they will install cameras
so Ms. Kittler can see what is going on at night.
Commissioner Gluck asked if the structure is metal or a pole barn. Ms. Kemp said it is a pole barn and
added that they have being working with a contractor who has applied for a commercial permit to renovate
the barn. Mr. Gluck suggested installing sound abatement insulation to help with the noise.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Christina Felton, 13726 CR 3. stated that she lives directly to the north of the proposed site. She is opposed
to this application and expressed concern regarding how dangerous the intersection is at Highway 66 and
County Road 3. potential water contamination risk, and pets or agricultural animals disturbed or molested
1
by these dogs if they got out Ms Felton added that the applicants have between 10-20 dogs there now
on any given day without the proper permitting
Patricia Michelle Felton 13282 CR 3, Longmont, Colorado, stated that she lives south of the proposed
doggie daycare and said that it is not within the small community standards to have 45 dogs She
understands that they live in an ag based area so there are odors from pigs and cattle but she didn't sign
up for living next to a kennel Ms Felton said that she has lived there for 20 years and loves dogs but there
is a distinct difference with 45 dogs
Commissioner Morgan referred to the community standards and asked if there is an HOA Ms Felton said
that it is understood within the community with the limits of animals
Cathy Barnes, 13606 CR 3, stated that she lives to the south of the kennel and lived there 40 years She
read a letter into the record of her concerns including of increased traffic, waste handling, number of dogs,
road improvements, operating without a permit, no fire hydrants in the area, and contamination of water
Commissioner Holland asked what the name of subdivision is that Ms Barnes lives in Ms Barnes said it
is Lake Meadows Mr Holland asked if there is an HOA with this subdivision Ms Barnes replied no Mr
Holland asked if there are any fire hydrants Ms Barnes said that there are no hydrants
Jason Ollinger, 13888 CR 3, stated that he is opposed to this project He said that he works at night and
tries to sleep during the day Mr Ollinger said that he knew the dairy there had a manure pile and
understood the odor and noise from the cattle but he didn't sign up for living next to a kennel with 45 barking
dogs
Carol Coburn, 13853 CR 3, expressed concern regarding noise, traffic and loss of property values She
added that she has lived there since 1976 and would like the area to stay rural Ms Coburn said their water
table is high and is concerned of water contamination from the dog feces
Ms Kemp said that they did have fire inspectors come out for permitting the commercial barn and added
that her contractor has a statement from them She added that Ms Kittler has two (2) personal dogs
Dan Hull, Land One Engineering, 361 71. Avenue, Greeley, Colorado stated that he hears a lot of concern
and through the process of applying for the USR they have addressed many of those concerns in their
application He understands noise is an issue and believes that there were 15 dogs present when the noise
study was performed and it showed that there was no negligible change Mr Hull said that waste will be
picked up daily in bags and disposed of weekly
Commissioner Holland asked if there is a sprinkling system in the barn Ms Kemp said that she talked to
their contractor and he is having a fire inspection from Mountain View Fire District and if they say we need
sprinklers then they will have them installed Mr Holland asked where the water comes from
Mr Ogle said Longs Peak Water provides domestic water and there are no hydrants in the immediate area
at all Commissioner Holland asked Mr Ogle if Staff was aware that there were no fire hydrants and if it
would change Staff's recommendation Mr Ogle said that they were not aware that there were no fire
hydrants in the area and added that they received a referral from Mountain View Fire District however it
wasn't addressed in their referral
Commissioner Wailes said that the one concern he had was a comment that continually came up during
public comment about the applicant already operating the business Mr Wailes asked what teeth the
neighbors have that these development standards will be met if approved by the County Commissioners
Mr Ogle said that if approved and they are operating outside of those development standards, then the
neighbors can call our office and Staff will inspect the site and the applicants will go through a Probable
Cause/Show Cause hearing process and potentially the permit would be revoked Ms Kittler asked what
is considered running a business She added that she does not have more than the 15 dogs that she was
permitted by PACFA Mr Ogle said a kennel is more than four (4) dogs on site and with having more than
four (4) dogs you are in violation of the land use code
2
The Chair asked if there were any changes to the development standards or conditions of approval Mr
Ogle requested the deletion of Development Standard 33 as it is a duplicate to Development Standard 3
Motion Delete Development Standard Number 33 and renumber accordingly, Moved by Michael Wailes,
Seconded by Sam Gluck Motion carried unanimously
The Chair asked the applicant if they have read through the amended Development Standards and
Conditions of Approval and if they are in agreement with those The applicant replied that they are in
agreement
Motion Forward Case USR23-0004 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Shana Morgan, Seconded by Sam Gluck
Commissioner Morgan noted that the Planning Commission has a defined set of standards when they
review these cases and added that she didn't find any of those in which they can deny this application She
said that they may have concerns outside of the purview of this board but for this application she is
recommending approval
Commissioner Holland agreed and added that he wants to make two points to the Board of County
Commissioners He said that he is concerned with the fire and access issue
The Chair called for the vote
Vote Motion passed (summary Yes = 5, No = 1, Abstain = 0)
Yes Elijah Hatch, Michael Wailes, Sam Gluck, Shana Morgan, Skip Holland
No Butch White
Meeting adjourned at 7 13 pm
Respectfully submitted,
45V:66 Y94,16112.4•1,
Kristine Ranslem
Secretary
3
ATTENDANCE RECORD
NAME - PLEASE PRINT LEGIBLY
ADDRESS
EMAIL
John Doe
123 Nowhere Street, City, State, Zip
Pflor?j"r,, G -(.4z )Y-
115 g,rA:e -ii- i I.-6„ co 76c,-) 3
/rte rf)k,, Q 1,e -rte
5h,- k 67,-t: 0
/[V )):
//5- 8:7',60-7)r- /"� /7[ /,lL,-,.e, ,fp.s--,
.S-(.vo ®(// c
IU 1 L KM -WI
19i,1 -co C rvi-IRA 3 Li) ortt (n boy
Nell s QVe
y --)LL-
3(01 7 ize" 6 065
4A9 4 use
Loma- 11 b,\
3L / 7/ )t- f4-°- 6rQ4. °'.-} 50,5'1
`jrv. a- ���c9-olie, co
C� -rWV DIA RIO F5
13606 («t,r.,r ASVA>) _ korl<Md3tfk T060
c...s- barr,cJ myy,C'dYY)
So-, 676flv
/5 ?it c. a/ 4-,,,,d 3 f6stiy
.1 t /t ,.- ,- Q04
P_0 Co tJ
..2, -?_, 0
Mickelk sp lir.,y1
PhvT&!t'rck
13282_ CR 1_,n .t:ort CO Soso/
k,5.-i-p" P6,--,--)1,0 ;I co rk
(..., --
13 7xe r. 03 I (')0 Sc So'y
,ri% .gc. l C. mci
a.%te r- ' e
/,, v7 (ar A. d. t SO, 2.sri0
4,w, .r
r>� sh
5t'0 � ) GK�1 i�c Co E05'37
halite GGPI/hamGcd
i�C r
t 1
4,-/o_ c,),'caSdeu‹-/'e i<diz (. (-U k 5,37
hied -0. / fo,icokyfrl'e Coa
/ c,(< °i// Pte'
V/44 t' I; —e L,,,/ "4: kcti e D C-z,J `-/3
rs 1, 6 a ---C-&7•44,-:) . L
1141CµAEL L(c V
4S-7 T gaLlSan/ N, tri,/rLA-KJ I\ %
ypiieitae(2 d,.a (i'd4,155o c Gc
g
'� f
r
Lf .bex-��
A.�(
SOB t Ill 24
�A no t`Q1�. � f -T n',4'1i �n M J"7
lGrsePJ76 (i14,<C cow)
1 IJUS
�
1 tt EZ9, C) SO , 7A I t. 7_7:2-2 3
na i. SPICCA tut;3`D.QL1 C
L) A C.-\. -,--r- yS
i l l-- N 46, D it 016, i- , Co K p� 01
v I I - G l.4tti7 ® L .At 1 •r.r
S,,,,.0,4,4,-\- r\`
I rto► Vv- 1- c I.Q,h v -e r- � (_C)
S� I C?/_ 1' \J �I-� /kQ
� `
r...
t ti vo Cc k
(�
1,42_1 1-1,,,, (a3 A+-v,op1,1 Ca _ e0112-
1 r� V'�q
T-1(-CooVZ Kc► • v,e,-d- I J
k11- '),tneldAi/r
1(0 01 VN'\I'' 0eAltr, i0
--`1"CCAAc"-G,F:n -eAtii ----
covil
mot
Gat I0.(cm
ar' • G�
ATTENDANCE RECORD
NAME - PLEASE PRINT LEGIBLY
ADDRESS
EMAIL
John Doe
123 Nowhere Street, City, State, Zip
ie;17-1a:4-1,19-r-
Q,
a-ae? j,` e- 0,- ,,/l,ten Co. scam
►,x,`6,1—flc9.,,,/,
M,.,n j"CL` ( 1
1
- -
-
Gene, v,) c ams
d 3 ro (o S' A5 (3\\l' Eeh, Do da5(4 - p�P s�`I
I4oE4h Aw �c. Cso\ltv,. Co EuxgoI - ihu1/41«,
wa51,ed o, ieS IIo@ o�ol .Cdln
Hello