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Home My WebLink About20220514.tiffHEARING CERTIFICATION DOCKET NO. 2022-25 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR21-0021, FOR A BOARDING KENNEL LIMITED TO TWENTY (20) DOGS OVER THE AGE OF SIX (6) MONTHS AND CANINE OBEDIENCE CLASSES IN SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT - JOHN AND MEGAN SCHRIEFER A public hearing was conducted on February 16, 2022, at 10:00 a.m., with the following present: Commissioner Scott K. James, Chair Commissioner Mike Freeman, Pro -Tern Commissioner Perry L. Buck Commissioner Steve Moreno Commissioner Lori Saine Also present: Acting Clerk to the Board, Jess Reid County Attorney, Bruce Barker 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 12, 2022, and duly published January 14, 2022, in the Greeley Tribune, a public hearing was conducted to consider the request of John and Megan Schriefer, for a Site Specific Development Plan and Use by Special Review Permit, USR21-0021, for a Boarding Kennel limited to twenty (20) dogs over the age of six (6) months and canine obedience classes in subdivisions in the A (Agricultural) Zone District. Bruce Barker, County Attorney, made this a matter of record. Kim Ogle, Department of Planning Services, presented a brief summary of the proposal, and provided the general location of the site, which within the three (3) mile referral area of the Town of Eaton and City of Greeley. He indicated the Pinnacle Park Subdivision has a split zone district, encompassing both A (Agricultural) and R-1 (Low Density Residential) lots, with the average lot size being 2.54 acres. He described the surrounding USRs, stated some surrounding property owners (SPOs) are in support, and outlined the concerns of those in opposition. He provided the distance to the nearest residences, reviewed access, traffic and drainage, and described the buildings and improvements associated with the application. He relayed the proposed services and class times, indicating there will be no vacation kenneling, mentioned notice was sent to 17 SPOs, which yielded no correspondence during the referral process, and stated correspondence was received only after the notice sign was posted. Mr. Ogle explained the site has a current Zoning Violation, ZCV21-00211, for operating a dog training facility without first obtaining the appropriate permits, entered the favorable recommendation of the Planning Commission into the record as written, and displayed images of the site and surrounding views. In response to Chair James, Mr. Ogle clarified overnight kenneling is for the obedience training; however, they do not provide boarding when owners are out of town. CC'. PLCTP/VA �Ko%PwCnK), ENC�-�-) 2022-0514 3I1-2 PL2818 HEARING CERTIFICATION - JOHN AND MEGAN SCHRIEFER (USR21-0021) PAGE 2 Lauren Light, Department of Public Health and Environment, stated the septic system is permitted for three (3) bedrooms, water is provided by the North Weld County Water District, and when the proposed building, which includes a bathroom, is built the applicant will have to expand the septic system or apply for a new septic permit. She indicated the applicant had submitted a Dust Abatement Plan, Waste Handling Plan and a Colorado Pet Animal Care and Facilities Act (PACFA) license. She relayed noise is restricted to the residential noise limit, indicating the indoor training (once built) would help with noise, but mentioned the proposed facility will not be built for approximately two (2) years. She stated a noise study was not submitted and responding to Chair James, Ms. Light confirmed the residential daytime noise limit is 55 dBA and indicated the PACFA license requires someone to be outside with the dogs, which would help with barking. Caitlin Sheahan, Kimley-Horn, and Megan Schriefer, applicant, introduced themselves. Ms. Sheahan represented the applicant and provided a PowerPoint presentation (Exhibit D), which showed the site overview, described how the proposal fits the a (Agricultural) Zone District, and highlighted the proposed business is family -owned by a family with history in Weld County. She further outlined the applicant's credentials, future vision for the business and noise mitigation measures, at which point Ms. Sheahan relayed the applicant was not asked to provide a noise study. She indicated the traffic study anticipated 22 roundtrips per day, stated the applicant plans to implement a grass buffer for flow attenuation and water quality treatment, described the community outreach efforts, and read a letter of support (Exhibit E) from Kacy Mitchell, SPO. Chair James asked Ms. Sheahan to better explain the PACFA license and she deferred to Ms. Schriefer. Ms. Schriefer explained PACFA requires training facilities, veterinary hospitals, and animal shelters to be licensed and regulates many aspects of the facility including, cleaning protocols, waivers, feeding schedules and animal enclosure sizes. She stated PACFA did an inspection of her facility, confirmed they perform yearly, random inspections and explained the facility has to keep a log for any incident that occurs, including an accident, a loose dog, etc., and has to report said incidents to PACFA. She clarified the PACFA rule on the supervision of dogs and, in response to Chair James, Ms. Schriefer stated she is open to a noise study, if needed, so long as said study measures only her property, and not surrounding properties that also have barking dogs. Responding to Commissioner Saine, Mr. Ogle confirmed lots in the A (Agricultural) Zone District can have up to 200 chickens, per acre, and Commissioner Saine alluded to the fact that chickens can also be very noisy. Ms. Schriefer confirmed for Chair James she intends to operate the business prior to building an indoor facility. Sherrie Jay, SPO, read a letter of support (Exhibit F), explaining she has met with the applicant, listened to her business plan and mentioned that none of the neighbors complained when a previous owner of the same home bred and trained quarter horses. --- Jill Cook, client, stated she is in support of the application as Ms. Schriefer is knowledgeable, helpful and loves other dogs as her own. Megan Wick, previous client, expressed support of the application. 2022-0514 PL2818 HEARING CERTIFICATION - JOHN AND MEGAN SCHRIEFER (USR21-0021) PAGE 3 Sherri Kerst, client, relayed she is in support of the application as Ms. Schriefer has helped her dog stop biting and jumping. Terri Geist and Julianne Fritz, SPOs, introduced themselves. Ms. Fritz read a prepared statement (Exhibit G) and stated she is opposed to the application due to noise, lighting, additional traffic and the negative impact to property values. She stated the proposed uses are not compatible with surrounding land uses and in response to Commissioner Buck, Ms. Fritz confirmed she is not opposed to all commercial businesses in the neighborhood and would not be opposed to a daycare. F' Ms. Geist, stated she is opposed to any business that would disrupt the neighborhood, including a daycare. She attempted to display images of the neighborhood (Exhibit H), stated she will have a direct view of the proposed kennel from her home, be impacted by the lights on the dog runs and expressed concern about noise. IAI Nyla Bristow read a letter (Exhibit 1) for her father, C.H. Clark, SPO. The letter stated Mr. Clark is in opposition of the application due to increased traffic and the impact of having a business in the neighborhood. Wayne Schleiger, SPO, stated he has managed dog kennels previously and asserted dogs bark a lot, jump fences, run away during the transition from the owner's car to the facility and tend to chase livestock. He opposed the facility and expressed concerns with traffic and safety. Garry McElderry, SPO, stated there are a lot of businesses coming into the Agricultural portion of the subdivision and expressed opposition to the application. Ms. Sheahan clarified there will potentially be 22, not 44 cars per day and that is at the full capacity of 20 dogs. Ms. Schriefer indicated she is willing to work with neighbors on the location of the proposed building and the associated lighting. She explained all dogs go through an evaluation process so there will not be aggressive dogs and in response to Commissioner Moreno, Ms. Schriefer clarified the hours of operation, class size, and the times of the evening group classes. --' Mr. Ogle confirmed for Chair James that Development Standard (DS) #21 (The applicants shall comply with the applicable rules and regulations of the Colorado Department of Agriculture, Division of Animal Industry), is related to the PACFA license. In response to Chair James, Ms. Schriefer indicated she had reviewed, and agreed to abide by, the Conditions of Approval and Development Standards. Chair James thanked the SPOs for their comments and explained the applicants must comply with the Conditions of Approval and Development Standards and any concerns with such can be reported to the Department of Planning Services and the Zoning Compliance Office. Chair Pro-Tem Freeman stated the lighting on the proposed facility is no different than a barn and reiterated there are DS to help mitigate impacts. Commissioner Moreno thanked all in attendance 2022-0514 PL2818 HEARING CERTIFICATION - JOHN AND MEGAN SCHRIEFER (USR21-0021) PAGE 4 and stated he is in support of the application. Commissioner Saine iterated there is traffic associated with other commercial uses in the area and Commissioner Moreno encouraged SPOs to reach out to the applicant with concerns. fll Commissioner Saine moved to approve the request of John and Megan Schriefer for a Site Specific Development Plan and Use by Special Review Permit, USR21-0021, for a Boarding Kennel limited to twenty (20) dogs over the age of six (6) months and canine obedience classes in subdivisions 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. The motion was seconded by Commissioner Buck, and it carried unanimously. There being no further discussion, the hearing was completed at 11:58 a.m. This Certification was approved on the 2nd day of March, 2022. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Scot . 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