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Home My WebLink About20110103.tiff HEARING CERTIFICATION DOCKET NO. 2010-59.A RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1756 FOR A KENNEL (UP TO 25 DOGS AND ONE (1) CAT) IN THE A (AGRICULTURAL) ZONE DISTRICT-JAMES AND LORI MEINING A public hearing was conducted on January 12, 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, Mary Evett Public Works representative, Heidi Hansen The following business was transacted: I hereby certify that pursuant to a notice dated November 10, 2010, and duly published November 17, 2010, in the Fort Lupton Press, a public hearing was conducted on December 29, 2010, to consider the request of James and Lori Meining, for a Site Specific Development Plan and Use by Special Review Permit #1756 for a Kennel (up to 25 dogs and one (1) cat) in the A (Agricultural) Zone District. At said hearing, the Board deemed it advisable to grant the applicant's request for a continuance to January 12, 2011, to allow consideration of the matter before a full quorum of the Board. On January 12, 2011, 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 application was submitted to correct a zoning violation for operating a kennel without the necessary permits. He explained, if the USR permit is approved and the plat recorded, the violation case will be dismissed; however, if the matter is denied, the kennel operation will cease or the violation process will proceed. Mr. Gathman reviewed the surrounding land uses, and stated the application materials indicate the dogs will be kept indoors overnight to ensure compatibility. He stated 13 referral agencies reviewed the proposal, and seven responded favorably or provided comments which have been addressed in the Conditions of Approval and Development Standards. He further stated the property is located within the three-mile referral area for the Towns of Platteville and Gilcrest; however, neither municipality provided a response, and staff has not received any correspondence from surrounding property owners. He reiterated the Planning Commission unanimously recommended approval of this request and he displayed photographs of the site and surrounding area. CL . C,IA, PL \-\L- E, Pu ( _ a LE 2011-0103 PL2091 HEARING CERTIFICATION -JAMES AND LORI MEINING (USR-1756) PAGE 2 Heidi Hansen, Department of Public Works, stated County Road 29 is a local gravel road with 60 feet of right-of-way, the applicant will continue to use the existing residential access, and they have satisfied the Department's requirement of a water quality feature. Mary Evett, Department of Public Health and Environment, stated there is an existing septic system which is permitted for the two bedroom home, and the site is serviced by the Central Weld County Water District. She stated the permit requires the applicant to provide water and sanitary services for the kennel operations and any patrons at the facility; therefore, the existing septic system will need an engineer's review to determine if it is adequate to meet the increased hydraulic load. Alternately, they may install a new engineered system for the kennel operations and clients. Ms. Evett stated the applicant has submitted a Waste Handling Plan, indicating they will use a dumpster for waste, which will be removed weekly by B&C Refuse in Platteville. She stated they have also submitted a Dust Abatement Plan, and noise will be restricted to the level allowed in the Non-specified Zone District. She further stated Development Standards #7 through #17, and #27, will address the remaining standard Health issues. In response to Commissioner Conway, Ms. Evett explained the existing septic system is only designed for a two bedroom home, so the applicants will either need to have the existing system reviewed, to determine if it can handle the additional load, and, if it cannot, they will need to have a new engineered system installed for the kennel operations and clients. Jim Meining, applicant, stated his family started raising dogs for their kids' 4-H and FFA projects and the money they have raised is now used to help pay for college expenses. He stated they currently have twelve (12) dogs on the site, they reside primarily indoors, and they are released to outdoor exercise areas during favorable weather conditions. He also confirmed there are four full-time residents in the house. In response to Commissioner Garcia, Mr. Meining stated he is comfortable with the requested maximum number of animals, and reiterated this is intended to remain a small family operation with no outside employees. No public testimony was offered concerning this matter. As follow-up to previous questions, Mr. Meining stated although they have clients that do come to the kennel, he estimated only one to five percent have ever requested to use the restroom facilities in the house, and he believes the septic system in place will be adequate. Commissioner Rademacher suggested deleting the specific night-time hours of 7:00 p.m., to 7:00 a.m., from Development Standard #4 to accommodate seasonal adjustments. He also stated requiring client appointments, under Development Standard #6, is not necessary and should be deleted in its entirety. Chair Kirkmeyer added she would also like to amend Development Standard #3 to delete the restriction of outside employees. In response to Commissioner Conway, Ms. Evett reiterated the existing system will need to be evaluated by an engineer because it is already serving four people in the residence, and the kennel use may necessitate the additional capacity required for kennel wastewater and visiting clients. Commissioner Rademacher commented they will not have full-time employees and he does not believe the occasional visits of clients should require an engineer's evaluation. Chair Kirkmeyer suggested modifying Condition of Approval #1.C to delete the word "clients and" and just address the requirement as it relates to kennel sanitation. 2011-0103 PL2091 HEARING CERTIFICATION -JAMES AND LORI MEINING (USR-1756) PAGE 3 Lori Meining, co-applicant, clarified they do not use water to washout the garage, rather, any waste is absorbed by the bedding materials which are bagged and placed in the dumpster. She further stated their dogs only have six to seven litters per year, so there is not a huge amount of clients coming to the site. Chair Kirkmeyer clarified the standards are intended to address if the current conditions should increase to the maximum allowances in the future. In response to Chair Kirkmeyer, Mr. Meining stated he has reviewed, and concurs with, the Conditions of Approval and Development Standards, as proposed and modified. Commissioner Rademacher moved to approve the request of James and Lori Meining for a Site Specific Development Plan and Use by Special Review Permit #1756 for a Kennel (up to 25 dogs and one (1) cat) 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 the modification of Condition of Approval #1.C, to delete the words "clients and" from the first sentence; the deletion of the second sentence of Development Standard #3; the removal of the specified hours of operation from Development Standard #4; the deletion of Development Standard #6, and renumber accordingly. The motion was seconded by Commissioner Conway, and it carried unanimously. There being no further discussion, the hearing was completed at 10:26 a.m. This Certification was approved on the 17th day of January, 2011. BOARD OF COUNTY COMMISSIONERS W D COUNTY, CO ORADO ATTEST: JJ Barbara Kirkmey , Chair Weld County Clerk to the ;-r. _ 1l" IS 1 f f \t-9 1\BY: V G JSean P. ry, Pro-Tem c� Deputy Clerk to the Boa J77)-77-,„- ---, Lit/ C--- William F. Garcia David . Long H © 7 �GS Douglas Rademacher 2011-0103 PL2091 A in — \ \ ) , 's \ \ / § % \ [ % S � �� 6 \ `.- g & � d \ \ \ ate / < �® 2 \ � _ ..- il ~ » { 2 a � ± fc � ' � } LLI $ / � . % QC CC or k d « j- W <a 0 / x a z Z D & 2 \ w 6 / < § % ) % k w Od ^ 2 2 a g } § X 2 0 Mv\,..., O & w 2- i_ cl CD § - ) \ � % « f 2 « { 2 ! § \ / * / \ \ � § 0 « - �— — 2 22 cu e o @ z „ § ° � � � / a § 2 W § k re : \ A L . \ ) kk § ' - 2 / / 1 3 i 00r -3 \ n \ \ E « OO 2 (-C rQ ■ _ § \NNN DI L. y\ 0 \ CO w LU ° as d z SCwSC 2 \ . « « / . / f « < UOU Cl) »ct. � � � ILI000 S Z G _ O o O EXHIBIT INVENTORY CONTROL SHEET Case USR#1756 - JAMES AND LORI MEINING 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 12/07/2010) D. Applicant Request for Continuance, dated 12/17/2010 E. F. G. H. J. K. L. M. N. O. P. Q. R. S. T. U. V. W. Hello