HomeMy WebLinkAbout20100843.tiff HEARING CERTIFICATION
DOCKET NO. 2010-11
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1733 FOR A KENNEL (UP TO 40 DOGS) AND AN ANIMAL GROOMING
SHOP (DOGS AND CATS) IN THE A (AGRICULTURAL) ZONE DISTRICT - SUSAN
MAESTAS AND SHARON ARANDA
A public hearing was conducted on April 21, 2010, at 10:00 a.m., with the following present:
Commissioner Douglas Rademacher, Chair
Commissioner Barbara Kirkmeyer, Pro-Tern
Commissioner Sean P. Conway
Commissioner William F. Garcia
Commissioner David E. Long - EXCUSED
Also present:
Acting Clerk to the Board, Jennifer VanEgdom
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 March 22, 2010, and duly published March 25,
2010, in the Windsor Beacon, a public hearing was conducted to consider the request of Susan
Maestas and Sharon Aranda for a Site Specific Development Plan and Use by Special Review
Permit#1733 for a Kennel (up to 40 dogs) and an Animal Grooming Shop (dogs and cats) in the
A (Agricultural) Zone District. Bruce Barker, County Attorney, made this a matter of record.
Chair Rademacher advised the applicant, Susan Maestas, that she has the option of continuing
the matter to a date when the full Board will be present. However, if she decides to proceed
today, the matter will require three affirmative votes, or in the case of a tie vote, Commissioner
Long will review the record and make the determining vote. Ms. Maestas indicated she would
like to proceed today.
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 USR application was submitted to correct a zoning violation occurring on
the property, and if the USR permit is approved, the violation case will be dismissed; however, if
the permit is denied, the matter will be directed to the County Attorney's Office for legal action.
He stated the site is located within the Aristocrat Ranchettes Subdivision, and is surrounded by
other lots containing single-family residences. He confirmed the applicant has indicated that
customers will come to the site by appointment only, and the applicant is required to keep the
kennel dogs inside during nighttime hours, which is a requirement consistent with other kennel
permits. He stated ten referral agencies reviewed the application materials, and six responded
favorably or provided comments which have been addressed within the Conditions of Approval
and Development Standards. He further stated the site is located within the three-mile referral
area for the City of Fort Lupton; however, it is located outside of the Intergovernmental
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HEARING CERTIFICATION - SUSAN MAESTAS AND SHARON ARANDA (USR-1733)
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Agreement (IGA) boundary, and the City did not return a referral response. He indicated one
letter of support was provided for the record, and no telephone calls or letters of opposition have
been received concerning this case. He clarified the hours of operation are listed as 9:00 a.m.,
to 3:00 p.m., within Development Standard #3; however, he recently spoke with the applicant,
and she is requesting that the hours of operation be modified to indicate from 8:00 a.m., to
5:00 p.m., and staff has no objection to the request. Mr. Gathman displayed photographs of the
site and surrounding area, and in response to Chair Rademacher, he indicated the letter of
support was provided by a surrounding property owner within the Subdivision; however, he is
not aware of the exact placement of her property. Responding to Commissioner Conway, Mr.
Gathman confirmed there has been no other correspondence from surrounding property
owners.
Heidi Hansen, Department of Public Works, stated the existing residential access is on Lamb
Avenue, which is a local gravel road containing 60 feet of right-of-way. She confirmed no water
quality feature will be required, and the site is not located within the floodplain.
Lauren Light, Department of Public Health and Environment, stated water is supplied to the site
by the Aristocrat Ranchettes Water Project, which has no concerns regarding the continued use
of the water for the proposed uses. She indicated the existing septic system is sized for use by
eight people, and the applicant has the option of having the system reviewed, to determine if the
capacity is adequate for the grooming shop uses, or, the applicant may choose to install a new
septic system. She confirmed the options are included within Conditions of Approval #1.C
and #1.D, and the applicant will be required to provide a minimal Dust Abatement and Waste
Handling Plan. She clarified the applicant does have an updated Pet Animal Care Facilities Act
(PACFA) license; however, a copy needs to be provided to staff to be placed within the file. She
stated the noise on the site will be restricted to the levels allowed within the Commercial Zone
District, which is a typical requirement for Kennels. Responding to Chair Rademacher, Ms.
Light reiterated a review of the septic system is necessary to determine if the system is able to
handle the additional flow of water created by washing animals within the Grooming Shop.
Ms. Maestas stated she operates a small scale grooming shop from her residence, and
business has been going well for her, even during this economic downturn. She confirmed she
also breeds and shows dogs, and all of the appointments for the business are strictly by
appointment only; she does not allow "drop-ins" to the site, which allows her to keep the number
of clients visiting the site to a specific number. In response to Commissioner Conway,
Ms. Maestas confirmed she has a good relationship with most of her neighbors, her neighbors
are aware of her business, and in fact, many of her neighbors are her clients. Responding to
Commissioner Kirkmeyer, Ms. Maestas indicated the property of Ms. Metro, the neighbor who
provided a letter of support, on the map provided, indicating she is in very close proximity.
Betty Close, surrounding property owner, indicated her property is south of the proposed site,
and her mother-in-law lives on the property directly between her property and the property
owned by Ms. Maestas. Ms. Close confirmed Ms. Maestas is a great neighbor, and speaking as
a Realtor, she indicated her wish for every block of every neighborhood to have a neighbor like
Ms. Maestas. She explained Ms. Maestas keeps her property in an attractive manner, and she
is home during daytime hours and able to keep an eye on the neighborhood. Ms. Close
confirmed she is a proud repeat client of Ms. Maestas. Commissioner Kirkmeyer expressed her
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appreciation to Ms. Close for attending today's hearing and providing positive comments on
behalf of Ms. Maestas, and Commissioner Conway concurred.
Responding to Chair Rademacher, the Board concurred with the modification of the hours of
operation with Development Standard #3 to indicate "8:00 a.m., to 5:00 p.m."
In response to Chair Rademacher, Ms. Maestas indicated she has reviewed, and concurs with,
the Conditions of Approval and Development Standards, as modified.
Commissioner Garcia moved to approve the request of Susan Maestas and Sharon Aranda for
a Site Specific Development Plan and Use by Special Review Permit #1733 for a Kennel (up to
40 dogs) and an Animal Grooming Shop (dogs and 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. His motion
included the modification of Development Standard #3 to state, "Hours of operation for the
Grooming Shop shall be from 8:00 a.m., to 5:00 p.m., Tuesday through Saturday (occasionally
Sundays and Mondays on Holidays)." The motion was seconded by Commissioner Conway,
and it carried unanimously. There being no further discussion, the hearing was completed at
10:40 a.m.
This Certification was approved on the 26th day of April, 2010.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ���,\\ , / `�� .. C
a 'adema. -r Ch- r
Weld County Clerk to the Boa= 1861 iA ®.j, 7
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i ,� . ' ara Kirkmeyer, P o-Tem /
BY: otard r � -
Dept Clerk the oard i
Sean P. Conw,9y -y
William F. Garcia
EXCUSED
David E. Long
2010-0843
PL2044
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EXHIBIT INVENTORY CONTROL SHEET
Case USR-1733 - SUSAN MAESTAS AND SHARON ARANDA
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 April 6, 2010)
D. Planning Staff Certification and photo of sign posting
E. Kerr-McGee E-Mail of Support, dated March 11, 2010
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