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
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HEARING CERTIFICATION - DANE AND NELDA KORNASIEWICZ, C/O CASSIDY ORR
(USR21-0002)
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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. Buc
2021-0992
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