HomeMy WebLinkAbout20102155.tiff HEARING CERTIFICATION
DOCKET NO. 2010-37
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1748 FOR A KENNEL (TO ACCOMMODATE 25 DOGS AND 3 CATS) IN THE
A (AGRICULTURAL) ZONE DISTRICT- RUSSELL AND PATRICIA COMPTON
A public hearing was conducted on September 22, 2010, at 10:00 a.m., with the following
present:
Commissioner Douglas Rademacher, Chair
Commissioner Barbara Kirkmeyer, Pro-Tem
Commissioner Sean P. Conway
Commissioner William F. Garcia
Commissioner David E. Long
Also present:
Acting Clerk to the Board, Jennifer VanEgdom
County Attorney, Bruce Barker
Planning Department representative, Michelle Martin
Health Department representative, Lauren Light
Public Works representative, David Bauer
The following business was transacted:
I hereby certify that pursuant to a notice dated August 13, 2010, and duly published August 18,
2010, in the Fort Lupton Press, a public hearing was conducted to consider the request of
Russell and Patricia Compton, for a Site Specific Development Plan and Use by Special Review
Permit #1748 for a Kennel (to accommodate 25 dogs and 3 cats) in the A (Agricultural) Zone
District. Bruce Barker, County Attorney, made this a matter of record.
Michelle Martin, 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. She stated the site is located one-quarter mile south of County Road 36, and east of
County Road 29. She confirmed the property is currently in violation for the presence of too
many household pets without the appropriate permits, and if this USR permit is approved, the
violation will be closed; however, if the USR permit is denied, the matter will be referred to the
County Attorney's Office. She indicated the area is predominantly agricultural in nature, and the
property is located within the three-mile referral area for the Towns of Platteville and Gilcrest.
She confirmed both Towns indicated no conflicts within the referral responses, and no
correspondence has been provided by any surrounding property owners. She stated the
applicant will continue to house the dogs inside during night-time hours, therefore, the use is
compatible with the surrounding area. She further stated 19 referral agencies reviewed the
application materials, and nine provided comments which have been addressed within the
Conditions of Approval and Development Standards. Ms. Martin displayed photographs of the
site and the surrounding area, and confirmed the applicant did obtain permission from the
adjacent property owner to utilize the shared easement for the proposed use. In response to
Commissioner Conway, Ms. Martin confirmed the surrounding residences were provided proper
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notice, and there were not any comments received regarding the proposed use. She further
confirmed the violation was initiated on a referral from a Weld County Animal Control Officer.
David Bauer, Department of Public Works, stated County Road 36 is a local gravel road, with
the full 60 feet of right-of-way available. He confirmed the applicant will continue to utilize the
existing access, and he reiterated the neighbors provided a letter of consent for the shared
easement. He clarified the drainage on the site will flow to an existing grassy area on the
property, which is adequate.
Lauren Light, Department of Public Health and Environment, stated water will be provided by
the Central Weld County Water District, which has no concerns regarding the use of the tap for
the kennel uses. She indicated the existing septic system on the site is sized for use by up to
six people, and a review of the system will be necessary if the system is utilized by more than
six people on a daily basis, as addressed within Development Standard #17. She confirmed the
applicant submitted the necessary Pet Animal Care Facilities Act (PACFA) license, as well as
the Waste Handling and Dust Abatement Plans. She clarified the pet refuse will be picked up
daily and placed in a dumpster, which is emptied on a weekly basis. Ms. Light confirmed the
noise on the site is limited to levels allowed within Non-Specified Areas, which is the same limit
as the Residential Zone District. She confirmed the applicant did an excellent job of providing
materials before the Planning Commission hearing, therefore, there are no outstanding
concerns.
In response to Commissioner Conway, Ms. Martin clarified Animal Control previously received a
complaint for another property in close proximity, and during the inspection, the Officer noted
the applicant's property contained more dogs than allowed by the Weld County Code, and
provided a referral to the Department for follow-up. Further responding to Commissioner
Conway, Ms. Martin indicated she is not sure which property the Animal Control Officer was
reporting to, and she does not know the details of the original complaint which prompted the
inspection. In response to Commissioner Garcia, Ms. Martin reiterated the noise levels allowed
within the Non-Specified Area are the same levels allowed within the Residential and
Commercial Zone Districts. She clarified the Department has began to reference the
Non-Specified Area levels for properties zoned A (Agricultural) to cut down on confusion for
applicants. She confirmed the noise level limits will be 55 decibels during day-time hours, and
50 decibels during night-time hours. Further responding to Commissioner Garcia, Ms. Light
confirmed these limitations are consistent with other kennel operations throughout the County.
Patricia Compton, applicant, stated she would like to be able to raise no more than 25 adult
dogs on her property, in a healthy manner, and it is her intention to keep the property neat and
clean. She confirmed she is willing to work with her neighbors, and she is trying to bring her
property into compliance as quickly as possible. She clarified the majority of her property is still
agricultural in nature, with pasture land and room for her horses. She confirmed the kennel
facility has been inspected and licensed by the State, and there have been no complaints
regarding her business. She clarified she was previously laid off from her job and she initially
started breeding the dogs as a way to supplement her income. Chair Rademacher commended
Ms. Compton on the appearance of her property, indicating the property appears to be kept very
tidy. In response to Chair Rademacher, Ms. Compton clarified she also has three barn cats
which come and go on the property, and occasionally she will take in a stray cat. Further
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responding to Chair Rademacher, Ms. Compton confirmed there are no outside employees, and
her husband and herself are the only people living on the property. Chair Rademacher
explained to Ms. Compton that she has the option of requesting additional employees, for
potential future needs, and since the septic is sized for up to six people, it may be possible to
request up to four outside employees. Ms. Compton confirmed she may be able to utilize one
employee, on a part-time basis. In response to Commissioner Conway, Ms. Light confirmed the
septic system will not have to be updated if Ms. Compton decided she would like to request one
additional employee. Commissioner Conway clarified if Ms. Compton requests an amendment
to Development Standard #3, for additional employees, she is not obligated to hire any outside
employees.
No public testimony was offered concerning this matter.
In response to Chair Rademacher, Ms. Martin confirmed staff has determined that the screening
on the site is adequate, and no additional screening will be necessary. Responding to
Commissioner Kirkmeyer, Ms. Martin confirmed the indication of the planted trees on the plat
will fulfill the Screening Plan requirement. In response to Chair Rademacher, Ms. Compton
requested Development Standard #3 be modified to allow up to four (4) employees. The Board
concurred with the modification, as requested.
In response to Chair Rademacher, Ms. Compton indicated she has reviewed, and concurs with,
the Conditions of Approval and Development Standards, as modified.
Commissioner Kirkmeyer expressed her appreciation to Ms. Compton for the neat appearance
of her property and kennel, and moved to approve the request of Russell and Patricia Compton
for a Site Specific Development Plan and Use by Special Review Permit#1748 for a Kennel (to
accommodate 25 dogs and 3 cats) 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. Her motion included the
modification of Development Standard #3 to state, "The number of employees shall be limited to
four (4)." The motion was seconded by Commissioner Conway, and it carried unanimously.
There being no further discussion, the hearing was completed at 10:20 a.m.
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This Certification was approved on the 27th day of September, 2010.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY COLORADO
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EXHIBIT INVENTORY CONTROL SHEET
Case USR-1748 - RUSSELL AND PATRICIA COMPTON
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 09/07/2010)
D. Planning Staff Certification and photo of sign posting
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