HomeMy WebLinkAbout20102462.tiff HEARING CERTIFICATION
DOCKET NO. 2010-49
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1751 FOR A KENNEL (TO ACCOMMODATE 50 DOGS OF TWO SPECIFIC
BREEDS: MINIATURE DACHSHUND AND BERNESE MOUNTAIN DOGS),
PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED
SUBDIVISION PLAT OR LOTS PARTS OF A MAP OR PLAN FILED PRIOR TO
ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE
A (AGRICULTURAL) ZONE DISTRICT-WILLIAM ASKEW, C/O JANE STAMP
A public hearing was conducted on October 27, 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
Assistant County Attorney, Cyndy Giauque
Planning Department representative, Kim Ogle
Health Department representative, Lauren Light
Public Works representative, Heidi Hansen
The following business was transacted:
I hereby certify that pursuant to a notice dated September 17, 2010, and duly published
September 22, 2010, in the Fort Lupton Press, a public hearing was conducted to consider the
request of William Askew, c/o Jane Stamp, for a Site Specific Development Plan and Use by
Special Review Permit #1751 for a Kennel (to accommodate 50 dogs of two specific breeds:
miniature Dachshund and Bernese Mountain Dogs), and any Use Permitted as a Use by Right,
Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts,
(vehicle service/repair establishments — small engine and brake repair business) provided that
the property is not a lot in an approved or recorded subdivision plat or lots parts of a map or
plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone
District. Cyndy Giauque, Assistant County Attorney, made this a matter of record.
Kim Ogle, 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 property is approximately 1.2 acres in size, and is located north of County Road
50, and west of County Road 17. He clarified the kennel on the site has an active zoning
violation for the presence of too many household pets; however, if this USR permit is approved,
the zoning violation will be dismissed. He indicated the facility is located within the three-mile
referral area for the Towns of Johnstown and Milliken, and the City of Greeley; the Town of
Milliken indicated no conflicts within a referral response, and the Town of Johnstown and the
City of Greeley did not provide a referral response. He further indicated there are two
single-family residences within close proximity to this facility, and the surrounding area is
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predominantly agricultural. He stated thirteen referral agencies reviewed the application
materials, and five provided comments which have been addressed within the Conditions of
Approval and Development Standards. He further stated there have been no letters or
telephone calls from surrounding property owners, and he displayed photographs of the site and
the surrounding area.
Heidi Hansen, Department of Public Works, stated County Roads 50 and 17 are classified as
arterial roads, requiring 140 feet of right-of-way at full buildout, and currently containing 60 feet
of right-of-way. She clarified both roads are highly travelled, with the most recent traffic count
for County Road 17 being 4,025 vehicles per day, and the traffic count for County Road 50
being approximately 1,500 vehicles per day. She confirmed there were previously two
accesses at this property, which were considered to be dangerous, therefore, staff requested
both accesses be closed, and the applicant complied with the request. She clarified the existing
residential access, located on County Road 50, will be utilized, a water quality depression area
has been designated on the site, and the applicant has met the requirement set forth by the
Department. In response to Chair Rademacher, Ms. Hansen confirmed both County Roads 17
and 50 are under the jurisdiction of the County.
Lauren Light, Department of Public Health and Environment, stated water is supplied to the site
by the Little Thompson Water District, which indicated no concerns with the use of the water for
the kennel purposes. She indicated the septic system on the property is sized for use by six
people, and Development Standard #15 explains that if the use of the system exceeds six
people, or effluent from the kennel operation is included, an engineer must review the septic
system. She stated the applicant has provided a copy of the required Pet Animal Care Facilities
Act (PACFA) license, the Waste Handling Plan has been determined to be adequate, and dust
on the site is not expected to be an issue, since the access is covered with pea gravel. She
clarified if dust becomes an issue in the future, the applicant will utilize water to combat dust.
She indicated the noise on the site must be kept in compliance with the levels allowed within the
Non-Specified District, which is the same level as residential and commercial, and all of the
Development Standards are consistent with other kennels approved within the County.
Jane Stamp represented the applicant and confirmed she is trying to come into compliance to
be able to continue raising dogs on her property, as she has done for the past several years.
Mr. Ogle clarified the property is currently in violation; however, the violation was not initiated by
a complaint. Ms. Stamp clarified she was previously in a very serious car accident, which left
her with a brain injury, and she did not realize that she needed to obtain a permit from the
County. She further clarified she had an instance in which a couple of her dogs were stolen
from the property, and when she filed a report with the Sheriff's Office, she was notified that she
needed to obtain a kennel permit.
No public testimony was offered concerning this matter.
In response to Chair Rademacher, Ms. Stamp clarified she does not have any outside
employees; however, her children, who live on the property, do occasionally help her. She
further clarified she requested up to two employees so that outside help is able to come in and
run the kennel during times she is out of town. Further responding to Chair Rademacher,
Ms. Stamp confirmed she is fine with the limitation of two additional employees, and she does
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not want to request an additional number.
In response to Chair Rademacher, Ms. Stamp indicated she has reviewed, and concurs with,
the Conditions of Approval and Development Standards.
Commissioner Garcia moved to approve the request of William Askew, do Jane Stamp, for a
Site Specific Development Plan and Use by Special Review Permit #1751 for a Kennel (to
accommodate 50 dogs of two specific breeds: miniature Dachshund and Bernese Mountain
Dogs), and any Use Permitted as a Use by Right, Accessory Use, or Use by Special Review in
the Commercial or Industrial Zone Districts, (vehicle service/repair establishments — small
engine and brake repair business) provided that the property is not a lot in an approved or
recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations
controlling subdivisions 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. Mr. Ogle clarified the request for the small engine repair
business was removed during the Planning Commission hearing, and should not be included.
Ms. Stamp clarified her son is 17 years old and was planning to start a small repair business;
however, they determined he will apply for this business at a later date if he decides to move
forward. In response to Commissioner Kirkmeyer, Ms. Stamp confirmed she requested the
removal of this use before the Planning Commission hearing. Mr. Ogle clarified the Planning
Commission did not consider any of the necessary Conditions of Approval or Development
Standards for the small engine repair business. Commissioner Garcia amended his motion to
approve the request of William Askew, c/o Jane Stamp, for a Site Specific Development Plan
and Use by Special Review Permit#1751 for a Kennel (to accommodate 50 dogs of two specific
breeds: miniature Dachshund and Bernese Mountain Dogs), provided that the property is not a
lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to
adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District. The
motion was seconded by Commissioner Kirkmeyer, and it carried unanimously. There being no
further discussion, the hearing was completed at 10:15 a.m.
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This Certification was approved on the 1st day of November, 2010.
----r----- BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: y t� � Y 77 Q. /Cali
Bias •Ra acher, air
Weld County Clerk to the Bo@rd.ti ' , .
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arbara Kirkmeyer, Pro-Tem
BY: 11,E 1 �IC(61(1 aI�-, /2
Dept Clerk to the Board _ cr
Sean P. way
W iam F. Garcia
David E. Long
2010-2462
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EXHIBIT INVENTORY CONTROL SHEET
Case USR #1751 -WILLIAM ASKEW, C/O JANE STAMP
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 October 5, 2010)
D. Planning Staff Certification and photo of sign posting
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