HomeMy WebLinkAbout20110406.tiff HEARING CERTIFICATION
DOCKET NO. 2011-08
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1766 FOR A KENNEL (UP TO 99 DOGS OF A NON-SPECIFIED BREED) IN
THE A (AGRICULTURAL)ZONE DISTRICT-JAMES TERRY
A public hearing was conducted on February 9, 2011, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Sean P. Conway, Pro-Tem
Commissioner William F. Garcia
Commissioner David E. Long
Commissioner Douglas Rademacher
Also present:
Acting Clerk to the Board, Esther Gesick
County Attorney, Bruce Barker
Planning Department representative, Chris Gathman
Health Department representative, Lauren Light
Public Works representative, Heidi Hansen
The following business was transacted:
I hereby certify that pursuant to a notice dated December 10, 2010, and duly published
December 15, 2010, in the Fort Lupton Press, a public hearing was conducted to consider the
request of James Terry, for a Site Specific Development Plan and Use by Special Review
Permit #1766 for a Kennel (up to 99 dogs of a non-specified breed) in the A (Agricultural) Zone
District. Bruce Barker, County Attorney, made this a matter of record.
Chris Gathman, Department of Planning Services, presented a brief summary of the proposal
and entered the favorable recommendation of the Planning Commission into the record as
written. He stated the site is located south of an existing construction office and shop (Nelson
Pipeline, permitted under USR-1375), and there are residences located 1,000 and 1,300 feet
west and east of the site, respectively. He further stated staff received two (2) letters from
surrounding property owners indicating no conflicts with their interests, and he noted the facility
will have a shared access with Nelson Pipeline from State Highway 52. Mr. Gathman stated the
site is screened from State Highway 52 by mature trees and the hours of operation will be
limited to daylight and by appointment only. He further stated sixteen (16) referral agencies
reviewed the proposal, and ten (10) responded and indicated no conflict with their interests, or
provided comments that have been addressed in the Conditions of Approval and Development
Standards. Mr. Gathman stated the property is located within three (3) miles of the Cities of
Fort Lupton and Frederick; each indicating no conflict with their interests, and he displayed
photographs of the site and surrounding area.
Heidi Hansen, Department of Public Works, reiterated the facility will have a shared access on
State Highway 52, which is under the jurisdiction of the Colorado Department of Transportation
(CDOT). She stated CDOT indicated no concerns with the proposal, and she noted there is an
CC . O, PL, Pup, 41,-L. 2011-0406
3�rr/ r PL2104
HEARING CERTIFICATION -JAMES TERRY (USR-1766)
PAGE 2
existing low point on the property which will serve as the water quality feature. She further
stated the applicant has addressed all of staffs' concerns.
Lauren Light, Department of Public Health and Environment, stated the site will receive water
service from a well which was approved for a change of use in 2010, allowing for commercial,
domestic, and livestock purposes. She stated there is an existing septic system for the house,
and the engineer's evaluation indicates the system is adequate for one (1) resident, (1) one
part-time employee, two (2) clients a week, and the washing of sixty-eight (68) dogs per day.
She further stated the applicant has submitted Waste Handling and Dust Abatement Plans,
indicating the waste will be disposed of on a daily basis, the runs will be covered with pea gravel
which will be washed down with water, if necessary, noise will be restricted to the level allowed
in the Non-specified Zone District, and the applicant has applied for a Pet Animal Care Facilities
Act license from the Department of Agriculture, as required by Condition of Approval #1.D. In
response to Commissioner Rademacher, Ms. Light reviewed the uses allowed under the
approved well permit. Following discussion, Ms. Light reiterated the specified uses are justified
through the engineer's review, septic systems are typically required for kennels, and if more
employees are added, the applicant will need to monitor the septic system to ensure it does not
fail.
Sharol Terry Pestotrik, applicant's daughter and representative, stated her family has owned
and farmed the subject property for the past 70 years. Ms. Pestotrik stated she and her father
previously raised puppies as a hobby, and they are now seeking approval to start the proposed
kennel business. She confirmed that despite the capacity indicated in the engineer's report,
they will not be washing 68 dogs per day, and although they are requesting the flexibility of
washing the dogs out on the lawn to help the landscaping, they do intend to wash the animals
indoors when the weather is cold. Ms. Pestotrik also referenced Development Standard #3 and
indicated they do need the ability to bring in a part-time employee if she or her father is unable
to work.
No public testimony was offered concerning this matter.
Chair Kirkmeyer suggested eliminating Development Standard #3, since the number of people
on the site is also controlled by Development Standard #16 based on the septic system
capacity, and the Board concurred. Commissioner Rademacher referenced Development
Standard #6 and stated the permit does not need to micromanage the business and the Board
agreed to eliminate the Standard. Responding to Commissioner Rademacher, Mr. Gathman
stated he did not include the standard screening requirement since the site is already well
screened with mature landscaping. Ms. Pestotrik indicated the placement of the mature
landscaping on the displayed site map and Commissioner Rademacher suggested adding a
new Development Standard #21 to require the applicant to maintain the existing screening, as
of the date of approval, and renumber the remaining Standards, and the Board agreed.
Responding to Chair Kirkmeyer, Ms. Pestotrik stated she and the applicant have reviewed, and
concur with, the Conditions of Approval and Development Standards, as proposed and
modified.
2011-0406
PL2104
HEARING CERTIFICATION -JAMES TERRY (USR-1766)
PAGE 3
Commissioner Garcia moved to approve the request of James Terry for a Site Specific
Development Plan and Use by Special Review Permit #1766 for a Kennel (up to 99 dogs of a
non-specified breed) 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 entered into the record. His motion included deleting Development Standards #3
and #6, adding a new Development Standard #21 to state, "The existing screening (trees) on
site shall be maintained.", and renumbering accordingly. The motion was seconded by
Commissioner Rademacher, and it carried unanimously. There being no further discussion, the
hearing was completed at 10:53 a.m.
This Certification was approved on the 14th day of February, 2011.
BOARD OF COUNTY COMMISSIONERS
WE D COUNTY, COLO DO
ATTEST: , '��' & ,e4,4 .e--c ,
arbara Kirkmeyer Chair /
Weld County Clerk to the Boa1 j jam` c /7
Sean P. Conway, Pro-Tem
BY: �
Deputy Clerk to the B r: '� ✓l
i ' mF. cia
j
°ErfT
L- avid E. Long
C �
r
Douglas demach
2011-0406
PL2104
ao k
c
C
Oo
4\m rs
In
r4 T-73- Q
o a l ti, pr
U N _ I
W J� �J
o �re 3 �
U Q d U -4-
Z e s -t
if
Z W R (n �� J
Z LL
N
W u.0 Y O. m L CN U' nO
H
a W 0 I— LLI
a x z c CI Su �
m z co a <-6 5.
N W N
ce 03
E A_
Z 7 �� S
co aW > `IQ. �D
W ~ C T
O o ° a c
u_ ce -, d o T
Y
a oO l� ` 7.
W r � O I—
a
m u % m c
c� o �' I
Z W W in
W U ` L ------d
2 UU W Q F a T S
2 00 d Z \�
EXHIBIT INVENTORY CONTROL SHEET
Case USR #1766 -JAMES TERRY
Exhibit Submitted By Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes dated 1/04/2011)
D.
E.
F.
G.
H.
J.
K.
L.
M.
N.
O.
P.
Q.
R.
S.
T.
U.
V.
W.
Hello