HomeMy WebLinkAbout20091212.tiffHEARING CERTIFICATION
DOCKET NO. 2009-30
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT
#1689 FOR A KENNEL (24 DOGS USED TO SELECTIVELY BREED AND TRAIN
REGISTERED SPORTING DOGS) IN THE A (AGRICULTURAL) ZONE DISTRICT -
TIMOTHY GONZALES
A public hearing was conducted on May 27, 2009, at 10:00 a.m., with the following present:
Commissioner William F. Garcia, Chair
Commissioner Douglas Rademacher, Pro-Tem
Commissioner Sean P. Conway
Commissioner Barbara Kirkmeyer
Commissioner David E. Long
Also present:
Acting Clerk to the Board, Jennifer VanEgdom
County Attorney, Bruce Barker
Planning Department representative, Kim Ogle
Health Department representative, Lauren Light
Public Works representative, David Snyder
The following business was transacted:
I hereby certify that pursuant to a notice dated April 17, 2009, and duly published April 24, 2009,
in the Greeley Tribune, a public hearing was conducted to consider the request of Timothy
Gonzales for a Site Specific Development Plan and Use by Special Review Permit #1689 for a
Kennel (24 dogs used to selectively breed and train registered sporting dogs) in the
A (Agricultural) Zone District. Bruce Barker, 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 site is approximately 2.19 acres in size and is located north of County Road 18
and west of County Road 31. He indicated the site is located within the three-mile referral area
for the City of Fort Lupton, which indicated no conflicts in a referral response, and he gave a
brief description of the surrounding area. He stated two letters of support were provided within
the application materials, he confirmed multiple kennels exist near the intersection of County
Roads 18 and 31, and there are four surrounding property owners within 500 feet of the site.
Mr. Ogle indicated the site is currently in violation, for the presence of too many household pets,
and if the application is approved, the violation will be closed; however, if the application is
denied, the applicant will be required to remove the equipment and excess animals from the
site, or the violation case will proceed accordingly. He clarified the existing kennel building is
located behind the residence, the Fulton Ditch borders the property on the west, and primary
access to the site is on County Road 18. He further clarified the internal road on the site is
graveled, sixteen referral agencies reviewed the application materials, twelve provided
comments which have been addressed within the Conditions of Approval and Development
Standards, and staff has not received any phone calls or letters of concern. Mr. Ogle displayed
photographs of the site and the surrounding area, and in response to Commissioner
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HEARING CERTIFICATION - TIMOTHY GONZALES (USR-1689)
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Rademacher, he confirmed the Aristocrat Ranchettes Subdivision is located approximately
one-half mile east of the site and the nearest surrounding property owner is approximately
30 yards away.
David Snyder, Department of Public Works, stated County Road 18 is classified as a collector
road, requiring 80 feet of right-of-way at full buildout, and has an average daily traffic count of
approximately 687 vehicles. He indicated the proposed use will generate approximately 25
vehicle trips per year, utilizing the existing access, and visitors will come to the site by
appointment only. He stated the applicant will utilize a small berm as a water quality feature,
and the natural topography of the site provides for proper drainage.
Lauren Light, Department of Public Health and Environment, stated water to the site is provided
by a permitted well, and the permit indicates the cleaning of the kennel is an approved use of
the water; however, the water does not allow for employees. She stated the existing septic
system for the residence has been sized for use by six people, and if the applicant will utilize the
septic system for the kennel uses, an engineer must review the system. She confirmed the
Waste Handling and Dust Abatement Plans have been submitted and approved by staff, and
the noise level on the site is restricted to the levels allowed within the Commercial Zone District,
as referenced in Development Standard #13. She further confirmed the applicant is required to
apply for a license from the Colorado Department of Agriculture since the site will contain over
15 dogs, and the Department does not have any outstanding concerns.
Timothy Gonzales, Applicant, stated the kennel is primarily for his private use, and a majority of
the dogs to be kept on the site are his personal animals. He confirmed he breeds dogs
selectively, and all of the dogs are registered with the American Kennel Club (AKC), which
maintains strict standards by which the kennel is managed. He confirmed he has not bred the
dogs in over two years, he intends for the dogs to be bred approximately once every two years,
and his goal is to improve the breed. In response to Chair Garcia, Mr. Gonzales confirmed the
maximum of 24 dogs is sufficient, and he currently has eighteen dogs. Responding to
Commissioner Rademacher, Mr. Gonzales confirmed he does not expect to utilize employees
within the future, and his plan is to retire from his employment and enjoy time with his dogs. He
confirmed his sons may provide help in the future; however, he will not utilize outside
employees. Chair Garcia indicated if the applicant decides to utilize employees in the future, an
amendment to the permit will be necessary since modifications to the septic system may be
necessary. In response to Commissioner Kirkmeyer, Mr. Gonzales confirmed the site is 2.19
acres in size. Responding to Commissioner Conway, Mr. Gonzales indicated he is currently in
the process of acquiring the required license from the Colorado Department of Agriculture,
Division of Animal Industry, according to the recommendation provided by the regional
representative, and he confirmed the paperwork is almost ready to submit. In response to Chair
Garcia, Mr. Gonzales indicated the hours of operation listed within Development Standard #3
are the times when prospective buyers may visit the site, which is by appointment only, and
when breeding activities will occur. He confirmed the care of the dogs does take place 24 hours
per day. Responding to Commissioner Rademacher, Mr. Ogle confirmed the USR permit does
allow for the commercial business aspect of selling the puppies from the site.
No public testimony was offered concerning this matter.
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Commissioner Kirkmeyer suggested that Development Standard #28 be deleted, since the
applicant's property only contains two acres, and if an operator desired to drill on the property, a
separate contractual agreement would be required. She confirmed Development Standard #29
indicates the applicant must acknowledge entitlements to surface use. Mr. Ogle confirmed the
applicant has been in discussion with Kerr-McGee, the mineral owner, and there are no
outstanding concerns with the deletion of Development Standard #28. The Board concurred
with the deletion of Development Standard #28, with the required re -numeration.
In response to Commissioner Rademacher, Mr. Ogle clarified the applicant has proposed to
plant additional trees along the western property boundary; however, the applicant is not
required to plant the additional trees. Responding to Chair Garcia, Mr. Ogle confirmed the
hours of operation are listed as the hours of public interaction at the site. Further responding to
Commissioner Rademacher, Mr. Gonzales confirmed he would like to plant trees as additional
screening between the residence and the kennel building, and he understands he is not
required to do so; however, he is concerned about the required maturity of the trees.
Commissioner Rademacher suggested Condition of Approval #1.8.3 be deleted, since he does
not believe the additional screening should be referenced on the recorded plat. Commissioner
Kirkmeyer suggested the second sentence of Condition of Approval #1.8.3 be deleted,
therefore, the applicant will only be required to indicate the type and size of trees on the plat. In
response to Chair Garcia, Mr. Gonzales indicated he concurs with the proposed deletion, and
he clarified he will purchase the trees through his local Conservation District. The Board
concurred with the deletion of the second sentence of Condition of Approval #1.B.3.
Commissioner Kirkmeyer indicated Development Standard #3 is confusing, regarding the hours
of operation for the site, and she suggested the word "public" be inserted so that the text reads,
"Hours of public operation are by appointment only...". The Board concurred with the addition
of the word "public" to Development Standard #3, as described by Commissioner Kirkmeyer.
In response to Chair Garcia, Mr. Gonzales indicated he has reviewed, and concurs with, the
Conditions of Approval and Development Standards, as modified.
Commissioner Kirkmeyer moved to approve the request of Timothy Gonzales for a Site Specific
Development Plan and Use by Special Review Permit #1689 for a Kennel (24 dogs used to
selectively breed and train registered sporting dogs) 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
deletion of the second sentence of Condition of Approval #1.8.3, with the remaining language to
state, "The type and size of the proposed trees shall be indicated on the plat'; the modification
of Development Standard #3 to state, "Hours of public operation are by appointment only and
during the normal business hours of 8:00 a.m., to 6:00 p.m., Monday through Sunday'; and the
deletion of Development Standard #28, with the required re -numeration. The motion was
seconded by Commissioner Conway, and it carried unanimously. There being no further
discussion, the hearing was completed at 10:45 a.m.
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This Certification was approved on the 1st day of June, 2009.
ATTEST:
Weld County Clerk to the
BY
Deputy Clerk Yo the Board
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my Attorney
ORM:
BOARD OF CO
WELD:OU'
Y COMMISSIONERS
LORADO
iam . Garcia, Chair
FXCUSED DATF OF APPROVAL
Douglas Rademacher, Pro -Tern
Sean`P. onwayP
EXCUSED DATE OF APPROVAL
Barbra Kirkmeyer
C cJC
David E. Long
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EXHIBIT INVENTORY CONTROL SHEET
Case USR #1689 - TIMOTHY GONZALES
Exhibit Submitted By Description
A. Planning Staff Inventory of Items Submitted
Planning Commission Resolution of Recommendation
Planning Commission Summary of Hearing (Minutes dated 05/05/2009)
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 27TH DAY OF MAY, 2009:
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ADDRESS
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