HomeMy WebLinkAbout20231592.tiffHEARING CERTIFICATION
DOCKET NO. 2023-24.C
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR23-0004, FOR A DOGGIE DAYCARE AND BOARDING KENNEL LIMITED
TO 45 DOGS OVER THE AGE OF SIX (6) MONTHS IN A SUBDIVISION IN THE
A (AGRICULTURAL) ZONE DISTRICT - SHANNON KEMP
A public hearing was conducted on July 12, 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, Jess Reid
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:
El I hereby certify that pursuant to a notice dated February 15, 2023, and duly published
February 17, 2023, in the Greeley Tribune, a public hearing was conducted on April 5, 2023, to
consider the request of Shannon Kemp, for a Site Specific Development Plan and Use by Special
Review Permit, USR23-0004, for a Doggie Daycare and Boarding Kennel limited to 45 dogs over
the age of six (6) months in a subdivision in the A (Agricultural) Zone District. At said hearing the
Board continued the matter to June 7, 2023, to allow it to be heard by the Planning Commission
on May 2, 2023. On June 7, 2023, the Board continued the matter to June 14, 2023, to allow the
applicant additional time to address the items cited in the Zoning Violation. Karin McDougal,
Assistant County Attorney, made this a matter of record.
"_= Kim Ogle, Department of Planning Services, presented a brief summary of the proposal,
general location of the site, and noted it is within the three (3) mile referral area, Coordinated
Planning Agreement (CPA) area or Intergovernmental Agreement (IGA) area of the City of
Longmont, Towns of Firestone and Mead and Boulder County. He described the surrounding
uses, mentioned the kennel manager will live on the property and stated the applicant, as well as
the Department of Planning Services, sent letters to surrounding property owners (SPOs) within
500 feet of the site. He indicated Planning staff received calls and letters in opposition of the
proposal, with people citing the owner living offsite, number of dogs, excessive barking, odor,
devaluation of homes, no bathroom for employees in the kennel structure, possible contamination
of irrigation water, and traffic as concerns. He shared, per the Development Review staff, access
to the site is an existing, unpermitted access onto County Road (CR) 3, which will require an
Access Permit for commercial use. He described the anticipated traffic associated with the site,
stated a traffic count was conducted after the Planning Commission (PC) hearing, which showed
159 vehicles per day, with 29% being trucks. He indicated, due to these findings, the Colorado
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Department of Transportation (CDOT) revised their original comment, of no concern, and
requested a revised Traffic Report. He noted Development Review is requesting a Road
Maintenance Agreement, the site meets an exception to stormwater detention, and he outlined
the hours of operation, improvements on the site and parking. Mr. Ogle entered the favorable
recommendation of the Planning Commission into the record as written and displayed images of
the site and surrounding views.
Lauren Light, Department of Public Health and Environment, stated the existing residence is
served by the Longs Peak Water District and a septic system sized for three (3) bedrooms, and
indicated the kennel will have a separate commercial septic system. She outlined the Waste
Handling Plan and Dust Abatement Plan, explained noise is restricted to the residential noise
limit, and stated a Pet Animal Care and Facilities Act (PACFA) license is required.
Dan Hall and Layne Libal with Land One Engineering, Shannon Kemp, property owner, and
Melissa Kittler, kennel manager, introduced themselves. Mr. Hall represented the applicant, and
presented a PowerPoint presentation (Exhibit U), which provided a timeline of the application
process. He mentioned the applicant reached out to the neighbors early in the process and
received no responses, indicated Ms. Kittler got her PACFA license in May, 2023, and relayed
the pole barn on the site will be converted to a commercial use for the kenneling aspect of the
operation. Mr. Hall requested the removal of Condition of Approval (COA) #2.C (existing barn will
need to be brought into compliance with Weld County Building Codes), stating this requirement
has been met, and #2.D (kennel building shall have a Certificate of Occupancy), as the doggy
daycare aspect of the operation will operate in the existing building, prior to the kenneling aspect
of the operation, which will operate in the kennel building.
Ms. Kittler described her background and passion for dogs and explained her vision for the
facility, the duties of the staff, and the hours of operation.
2_ = Mr. Hall spoke about the violation that was issued after the PC hearing for having more than
four (4) dogs and a camper in a non -permitted structure. He explained they cured the violation by
removing the dogs (pending USR approval) and moving the camper to a different location, and
outlined the concerns they have addressed since the PC hearing, including noise. Mr. Libal
provided the findings of the Noise Study and indicated they plan to implement noise mitigation
measures, including installing insulation in the building, restricting operating hours, locating the
dog run at the back of the property, and installing an opaque fence between the dog run and the
entrance. Mr. Hall relayed a Traffic Study was done, which indicated a CDOT Access Permit could
be triggered, and stated waste will be picked up immediately and removed from site weekly, to
mitigate groundwater contamination. He discussed security measures, including a double gate
system and instruction to clients for drop-off procedures, and in response to Commissioner Ross,
he indicated there was not a community outreach meeting, but Ms. Kemp and Ms. Kittler did mail
letters and go door-to-door talking to people.
Christina Felton, SPO, stated the business had been running, without permits, since
Ms. Kemp purchased the property, although she does not live at the property. She expressed
concern about dust, the blind hill on CR 3 and CR 66, and increased traffic. She stated the
proposed facility is not compatible with the neighborhood, as several surrounding properties are
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zoned Rural Residential, not A (Agricultural), noted there are no fire hydrants in the neighborhood,
due to low water pressure, and asserted Ms. Kittler's PACFA license was strictly for grooming.
Responding to Commissioner James, Mr. Ogle clarified Rural Residential is not a subdivision,
they are zoned A (Agricultural), but taxed at a residential rate.
James Bensman, client of the facility, submitted a letter of support (Exhibit M) prior to the
hearing, spoke of his support of the facility, and stated they had used Mel's Dog House for
overnight kenneling and daycare services. He asserted it is only noisy at drop-off, when the dogs
see people, and mentioned there is not a street sign at the intersection of CR 3 and CR 66.
Fred Forman, client of the facility, expressed his support, citing great care and expansive
grounds. He also read a letter of support from his wife and one of his neighbors (Exhibit V).
Jane Bensman, client of the facility, submitted a letter of support (Exhibit M) prior to the
hearing and spoke of her support of the facility.
IE Jason Ellinger, SPO, expressed concerns of excessive barking and traffic. He relayed the
street sign has been missing for four (4) years. In response to Commissioner Saine, Mr. Ellinger
suggested sound and dust mitigation measures. Commissioner Ross relayed he notified the
Department of Public Works of the need for a sign on CR 3.
Cathy Barnes, SPO, provided packets to the Board (Exhibit W). She stated she opposes the
application, citing the number of dogs, noise, and groundwater contamination from dog waste.
Carol Coburn, SPO, stated the proposed facility is not compatible with the area and relayed
traffic is a concern, as there is no turn lane or light at the intersection. She noted she loves dogs
but did not feel the site is the right location for this type of business.
El Kevin Ryan, SPO, expressed opposition to the application and stated one of the dogs from
the facility had been on his property. He also mentioned noise from barking dogs and a decrease
in home value as concerns.
Mr. Hall responded to public comment by reiterating the measures they have taken, and are
taking, to address SPO concerns. In response to Commissioner Saine, Mr. Hall re -explained the
results of the Noise Study, which was done utilizing ten (10) dogs, and agreed the dynamic
changes with 45 dogs, but does not equal four (4) times the noise level. Responding to
Commissioner James, Mr. Hall stated they measured noise from the barn, rather than the dog
run, which is further into property.
Ms. Kittler spoke to the behavior of dogs and asserted they bark primarily at drop-off and
pick-up times. She made the comparison to a dog park, where dogs typically play, not bark, and
explained dogs are supervised 100% of the time. In response to Commissioner Buck, Ms. Kittler
confirmed her PACFA license is for kenneling and boarding, not just for grooming.
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Mr. Hall restated he would like COA #2.C and #2.D removed, which the Board denied based
on Mr. Ogle's explanation that the Department of Planning Services was planning on holding the
Building Permit until the USR map is recorded and the fact that the kennel building does need a
Certificate of Occupancy. After discussion regarding Development Standards (DS) #3-5 (hours of
operation), the Board merged the language in DS #4 and #5 to read, "The hours of operation for
the office are 7:00 a.m. to 6:00 p.m., Monday through Friday, and on Saturday and Sunday, 10:00
a.m. to 4:00 p.m., as stated in the application materials." Mr. Ogle suggested adding,
per Exhibit R, COA #1.E (a Final Traffic Report shall be submitted) and #1.F (a State Highway 66
Access Permit from CDOT shall be submitted, if applicable). He also suggested adding a new
DS #24 (requirements for the use of portable toilets and bottled water). In response to
Commissioner Saine regarding DS #9 (landscaping and proposed fencing), Mr. Hall stated, other
than the opaque double fence near the entrance, the rest of the fencing is a 6 -foot mesh fence.
The Board and Mr. Hall discussed possible noise mitigation measures, including fencing and
landscaping and added the language "and Landscaping", to COA #1.B (a Fencing Plan and
Landscaping Plan shall be submitted) and Mr. Ogle suggested changing COA #2 from "Prior to
Operation" to "Prior to Certificate of Occupancy". The Board agreed to all of the aforementioned
changes.
In response to Chair Freeman, Ms. Kemp indicated she had reviewed, and agreed to abide
by, the Conditions of Approval and Development Standards, as amended.
Following the amendments, Chair Freeman invited public input concerning the modifications.
Mr. Bensman stated he believed wood fencing would help mitigate noise.
Ms. Barnes expressed concern that the south side of property has no noise mitigation and
Chair Freeman reassured her the Landscaping Plan, which has to be reviewed and approved by
the Department of Planning Services, will help mitigate noise and reiterated it has to meet the
residential noise level, 25 feet off of the property line.
Ms. Felton stated she currently has trees on her property, which is north of the subject site,
but she intends to cut them down and wanted to make sure those trees are not a part of the
applicant's Landscaping Plan.
Commissioner Ross moved to approve the request of Shannon Kemp for a Site Specific
Development Plan and Use by Special Review Permit, USR23-0004, for a Doggie Daycare and
Boarding Kennel limited to 45 dogs over the age of six (6) months in a subdivision 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 amended. The
motion was seconded by Commissioner James, who reminded the applicant if she does not abide
by the Development Standards listed in the Resolution, the neighbors have a right to contact the
Department of Planning Services to file a complaint. The motion carried unanimously and there
being no further discussion, the hearing was completed at 11:40 a.m.
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This Certification was approved on the 26th day of July, 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: d
Weld County Clerk to the Board
By • ViaAcJ
Deputy Clerk to the Board
reeman, Chair
in D. Ross
XCUSED DATE OF APPROVAL
Lori Saine
2023-1592
PL2864
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