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HomeMy WebLinkAbout20210992.tiffHEARING CERTIFICATION DOCKET NO. 2021-22 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR21-0002, FOR A COMMERCIAL RECREATIONAL FACILITY INCLUDING ANIMAL TRAINING WHERE MAXIMUM NUMBER OF ANIMAL UNITS PERMITTED IN SECTION 23-3-70.D IS EXCEEDED OR TRAFFIC TO AND FROM THE FACILITY EXCEEDS 60 DAILY TRIPS (DOCK DIVING FACILITY FOR DOGS) IN THE A (AGRICULTURAL) ZONE DISTRICT - DANE AND NELDA KORNASIEWICZ, C/O CASSIDY ORR A public hearing was conducted on April 14, 2021, at 10:00 a.m., with the following present: Commissioner Steve Moreno, Chair Commissioner Scott K. James, Pro -Tern Commissioner Perry L. Buck Commissioner Mike Freeman Commissioner Lori Saine Also present: Acting Clerk to the Board, Jan Warwick Assistant County Attorney, Bob Choate Planning Services Department representative, Chris Gathman Public Works Department representative, Melissa King Health Department representative, Lauren Light The following business was transacted: I hereby certify that pursuant to a notice dated February 22, 2021, and duly published February 24, 2021, in the Greeley Tribune, a public hearing was conducted to consider the request of Dane and Nelda Kornasiewicz, c/o Cassidy Orr, for a Site Specific Development Plan and Use by Special Review Permit, USR21-0002, fora Commercial Recreational Facility including animal training where maximum number of animal units permitted in Section 23-3-70.D is exceeded or traffic to and from the facility exceeds 60 daily trips (dock diving facility for dogs) in the A (Agricultural) Zone District. Bob Choate, Assistant County Attorney, made this a matter of record. E Chris Gathman, Department of Planning Services, presented a brief summary of the proposal and elaborated on the sport of dock diving for dogs, which will consist of private bookings during which four (4) individuals and one (1) to three (3) dogs will use the facilities. Mr. Gathman explained the hours of bookings from April through October, reviewed anticipated traffic counts, and described the shared access, which is via a non-exclusive 60 -foot access and utility easement. He explained the fencing which will be installed for safety purposes, the saltwater pool and maintenance thereof. Mr. Gathman stated a Noise Report was provided and the Residential Noise limit can be met. He relayed 15 referrals were sent out, five (5) were returned with comments and six (6) indicated no concerns. Mr. Gathman described the surrounding residences, sharing the neighbor to the southeast expressed concerns regarding noise, barking dogs and increased traffic. He stated there will be no outside lighting, and the site is within the three (3) mile cc: PLCCO/ TP), PwCfrnc , EHC LL) 2021-0992 O$(O(n / 8 I PL2794 HEARING CERTIFICATION - DANE AND NELDA KORNASIEWICZ, C/O CASSIDY ORR (USR21-0002) PAGE 2 referral areas of the Towns of Erie and Frederick. The Town of Frederick indicated they had no conflict with the proposed use, and the Town of Erie expressed the use would be in conflict with its Comprehensive Plan, updated in 2015, and identified the property as Low Density Residential (LDR); therefore, they do not support the request, since the location of the parcel does not allow for the minimum 300 -foot distance from the town limits. Mr. Gathman noted a letter of support was received from a neighboring property owner, 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 Commissioner James, Mr. Gathman confirmed the County does not have a Coordinated Planning Agreement (CPA) with the Town of Erie. Melissa King, Department of Public Works (PW), provided a brief overview of the transportation plans and requirements, explaining the parcel has one (1) existing access onto State Highway 52, and the Colorado Department of Transportation (CDOT) has issued an access permit; therefore, PW is requesting deletion of Condition of Approval (COA) #1.A (CDOT requirements). She relayed a Drainage Narrative has been submitted that states the site meets the detention exception and no other drainage information is needed. Ms. King stated a Weld County Grading Permit will be required if more than one (1) acre of land is disturbed. Lauren Light, Department of Public Health and Environment (EH), stated water to the existing residence is provided by the Left Hand Water District, and there is a septic system which is permitted for three (3) bedrooms. She stated portable toilets for events is adequate and she provided a brief overview of the Waste Handling Plan which was submitted. Ms. Light explained the provisions of the submitted Dust Abatement Plan, and stated the pool will have a water capture system. She reiterated the Noise Report indicated the Residential level can be met, Development Standards (DS) #12 - 20 address EH items, and EH has no outstanding issues with the request. In response to Commissioner James, Ms. Light confirmed the Residential noise limit can be met. Dane Kornasiewicz and Cassidy Orr, applicants, explained the Dog Diving facility, which is a sporting outlet for high-energy dogs to release their energy in a positive manner for recreation, rehabilitation or training. Mr. Kornasiewicz relayed the closest, similar facility is located in Hudson. In response to Commissioner Buck, Ms. Orr explained the damages of chlorine to the dogs, and Mr. Kornasiewicz explained, from a cleanliness perspective, maintenance of a saltwater pool is not difficult. In response to Commissioner James, Ms. Orr explained the spectator aspect would be limited to the other competitor owners. No public testimony was offered concerning this matter. In response to Chair Moreno, Mr. Gathman requested COA #1.A (CDOT comments) be deleted, since the applicants have obtained access Permit #421017, dated March 16, 2021. Additionally COA #1.B (Communication Plan) and COA #1.C (Signage) may be stricken. In response to Chair Moreno, the applicants stated they are actively working on the plat map and vicinity map, and have no requested changes or corrections. 2021-0992 PL2794 HEARING CERTIFICATION - DANE AND NELDA KORNASIEWICZ, C/O CASSIDY ORR (USR21-0002) PAGE 3 Chair Moreno confirmed deletion of COA #1.A, B and C. Commissioner Freeman suggested deletion of COA #1.D.5 (Lighting Plan). In regard to Development Standards, Commissioner James suggested deletion of DS #7 (Communication Plan) and #21 (Lighting Plan). iii In response to Chair Moreno, the applicants indicated they have reviewed, and agreed to abide by, the Conditions of Approval and Development Standards, as amended. No public testimony was offered regarding changes made to the Conditions of Approval and Development Standards. Commissioner James moved to approve the request of Dane and Nelda Kornasiewicz, c/o Cassidy Orr, for a Site Specific Development Plan and Use by Special Review Permit, USR21-0002, for a Commercial Recreational Facility including animal training where maximum number of animal units permitted in Section 23-3-70. D is exceeded or traffic to and from the facility exceeds 60 daily trips (dock diving facility for dogs) 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 Saine, and it carried unanimously. There being no further discussion, the hearing was completed at 10:23 a.m. This Certification was approved on the 19th day of April, 2021. ATTEST: ddt J V. ;6i Weld County Clerk to the Board 431 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Steve Njoreno, Chair mes, Pro -Tern erry L. 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