HomeMy WebLinkAbout20180228.tiffHEARING CERTIFICATION
DOCKET NO. 2018-04
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR17-0058, FOR A KENNEL (BREEDING, BOARDING AND TRAINING OF UP TO 100
DOGS) AND ONE (1) SINGLE-FAMILY DWELLING UNIT PER LOT OTHER THAN
THOSE PERMITTED UNDER SECTION 23-3-20.A (SECOND SINGLE-FAMILY
DWELLING UNIT) IN THE A (AGRICULTURAL) ZONE DISTRICT - VICTORIA BELLAH
AND LEIF JOHNSEN
A public hearing was conducted on January 24, 2018, at 10:00 a.m., with the following present:
Commissioner Steve Moreno, Chair
Commissioner Barbara Kirkmeyer, Pro-Tem
Commissioner Sean P. Conway
Commissioner Julie A. Cozad
Commissioner Mike Freeman
Also present:
Acting Clerk to the Board, Tisa Juanicorena
Assistant County Attorney, Bob Choate
Planning Services Department representative, Kim Ogle
Public Works Department representative, Evan Pinkham
Planning Services Engineer representative, Hayley Balzano
Health Department representative, Ben Frissell
The following business was transacted:
IR I hereby certify that pursuant to a notice dated November 29, 2017, and duly published
December 4, 2017, in the Greeley Tribune, a public hearing was conducted to consider the
request of Victoria Bellah and Leif Johnsen, for a Site Specific Development Plan and Use by
Special Review Permit, USR17-0058, for a Kennel (breeding, boarding and training of up to
100 dogs) and one (1) Single -Family Dwelling Unit per lot other than those permitted under
Section 23-3-20.A (second single-family dwelling unit) in the A (Agricultural) Zone District.
Bob Choate, Assistant County Attorney, made this a matter of record.
Kim Ogle, Department of Planning Services, presented a brief summary of the proposal and
stated the 12 -acre site is not within the three (3) mile referral area of any municipality. He reviewed
the other USRs surrounding the subject site, and stated staff received no correspondence or
inquiries concerning this application. He stated the property consists of two (2) single family
homes: one is occupied by the applicants and the other is a Non -Conforming Use, NCU17-0007,
to be permitted as a second dwelling under this USR, along with a kennel, doggie daycare,
boarding and training. He reviewed the hours of operation and signage, and stated the site is in
an area that can support the proposed uses and is compatible with the surrounding uses. Mr. Ogle
stated twelve (12) referrals were sent and three (3) referral agencies responded with no concerns
or offered comments which have been addressed in the Conditions of Approval (COA) or
Development Standards (DS). He displayed the images of the site and surrounding property and
entered the favorable recommendation of the Planning Commission into the record as written.
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el Evan Pinkham, Department of Public Works representative, provided a brief overview of the
transportation plans and requirements, stating the site is currently accessed from County Road
(CR) 53, which is classified as a paved collector road with an average daily traffic count of
467 vehicles and 37% truck traffic, which was taken on August 11, 2016. He stated the proposed
kennel will generate a minimal amount of traffic, and staff did issue Access Permit, AP17-00095,
earlier last year. He further stated staff is not requiring tracking control; however, they are requiring
an Improvements Agreement due to the commercial nature of the traffic generated by the site.
• Hayley Balzano, Planning Services Engineer representative, presented the drainage and
grading requirements, stating the applicant has requested a drainage variance based on the
addition of a 4,000 -square -foot building and the types of soils on the site which will not have a
negative impact on downstream properties. She also reviewed the COA and DS related to
Engineering.
• Ben Frissell, Department of Public Health and Environment, reviewed the water and sewer
provisions, stating the two (2) existing residential dwellings are serviced by a domestic well which
is permitted to serve up to three (3) single-family dwellings, and each residence has its own septic
system. The applicant is proposing up to two (2) employees, bottled water and portable toilets will
be available for visitors to the site, water for the dogs will be provided with bottled water, there is
a current pet care facility license for the facility, and DS #15-24 address Environmental Health
items.
ei Victoria Bellah, applicant, stated they are relocating from Longmont and are requesting to
change the use of the site to allow for the breeding of French bulldogs. She explained they also
intend to provide training, they have 25-30 years of experience, and the dogs must be artificially
inseminated and deliveries are done by C -section, which will all be done in the exterior building
to avoid bringing illness or disease to the kennel. Lastly, Ms. Bellah stated the remainder of the
property will remain in agricultural production to raise and harvest Timothy grass and alfalfa on
an annual basis.
• No public testimony was offered concerning this matter.
• In response to Chair Moreno, Ms. Bellah indicated they have no concerns with the
Conditions of Approval and Development Standards as presented.
• In response to Commissioner Conway, Ms. Bellah stated three (3) employees is adequate;
however, they would like the flexibility to allow for volunteers on the site who typically come to
play with the puppies. Following discussion, it was agreed to amend DS #3 to allow up to six (6)
employees, which does not include volunteers. The Board also agreed to amend DS #4 to extend
the hours of operation to be 12:00 p.m. to 8:00 p.m.
• In response to Commissioner Kirkmeyer, Mr. Pinkham stated staff included COA #1.A, for
an Improvements Agreement, due to the commercial nature of the use. Due to the limited activity
and rural location, the Board agreed to delete COA #1.A. They also discussed the intent of
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HEARING CERTIFICATION - VICTORIA BELLAH AND LEIF JOHNSEN (USR17-0058)
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COA #1.B.8, clarifying the commercial requirements will be met by indicating the ADA parking
spot on the map and designating it with a sign on the site.
In response to Commissioner Kirkmeyer, Mr. Frissell reviewed the noise limit and standards
for the Agricultural Zone and the types of uses that are exempt. Following discussion, the Board
agreed to amend DS #18 from the Commercial Zone to Light Industrial Zone which is 70 decibels
(dBA) during the day and 65 dBA at night. Responding to Commissioner Conway, Mr. Ogle
confirmed DS #8 requires maintenance of the existing landscaping on the site.
El In response to Commissioners Kirkmeyer and Cozad, Ms. Bellah explained the reason for
requiring births by C -section, described the various colors they raise, and the costs associated
with each.
El Responding to Chair Moreno, Ms. Bellah stated they have reviewed, and agree to abide by,
the Conditions of Approval and Development Standards, as amended.
Commissioner Kirkmeyer moved to approve the request of Victoria Bellah and Leif Johnsen,
for a Site Specific Development Plan and Use by Special Review Permit, USR17-0058, for a
Kennel (breeding, boarding and training of up to 100 dogs) and one (1) Single -Family Dwelling
Unit per lot other than those permitted under Section 23-3-20.A (second single-family dwelling
unit) 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 Cozad, and it carried unanimously. There being no
further discussion, the hearing was completed at 11:16 a.m.
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HEARING CERTIFICATION - VICTORIA BELLAH AND LEIF JOHNSEN (USR17-0058)
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This Certification was approved on the 29th day of January, 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dath,t)G •JC,Lto;tA
Weld County Clerk to the Board
BY:
Deputy Clerk to the Boar
APPROVCJ AS
County Attorney
Date of signature: Oa /3'/�
Steve Moreno, Chair
t
Pro-Tem
arbara Kirkmeyr,
EXCUSED DATE OF APPROVAL
Sean P. Conway
/71
JUYieA. Cozad
Mike Freeman
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ATTENDANCE LIST
DATE: /%- /1 /Q`O4.9 4.x}7.
NAME - PLEASE PRINT LEGIBLY
EMAIL
ADDRESS
COUNTY OF RESIDENCE
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