HomeMy WebLinkAbout20091674.tiffHEARING CERTIFICATION
DOCKET NO. 2009-40
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT
#1701 FOR A KENNEL (15 DOGS) AND ONE SINGLE FAMILY DWELLING UNIT PER
LOT (SECOND HOME ON THE PROPERTY) IN THE A (AGRICULTURAL) ZONE
DISTRICT - HADLEY BARRETT AND LEE BRENNER-BARRETT
A public hearing was conducted on July 22, 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, Jacqueline Hatch
Health Department representative, Lauren Light
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated June 15, 2009, and duly published June 18,
2009, in the Windsor Beacon, a public hearing was conducted to consider the request of Hadley
Barrett and Lee Brenner -Barrett for a Site Specific Development Plan and Use by Special
Review Permit #1701 for a Kennel (15 dogs and grooming) and one single family dwelling unit
per lot (second home on the property) in the A (Agricultural) Zone District. Bruce Barker,
County Attorney, made this a matter of record.
Jacqueline Hatch, 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 north of County Road 50 and
one -quarter mile west of County Road 53, and is 44 acres in size. She indicated the hours of
operation are 24 hours per day, the site is limited to two additional employees, and the second
home on the property is utilized for an employee which is employed by the business. She
confirmed the property contains two residences and two outbuildings, and each outbuilding
contains six kennels with an exercise area in between the buildings. She further confirmed the
property contains mature landscaping, and the kennels are not visible from the driveway. She
stated the site will be serviced with water from the Central Weld County Water District, an
existing septic system handles the effluent flow, and an existing well on the site, which is not
permitted for commercial uses, will be utilized for irrigation purposes. She indicated the
applicant has requested approval for a 35 -square -foot sign on the property, which is larger than
the allowed 16 -square -foot sign, and the Department does not have any concerns with the
larger sign. She confirmed the surrounding property is agricultural, there are twelve parcels
within 500 feet of the site, and no comments have been received from surrounding property
owners. She further confirmed the site is located within the three-mile referral area for the Town
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of Kersey, which did return a referral response. She indicated twelve referral agencies reviewed
the application materials, seven did not provide any comments, and three provided comments
which have been addressed within the Conditions of Approval and Development Standards.
Ms. Hatch displayed photographs of the site and the surrounding area. She indicated the
applicant has been working diligently to meet the Conditions of Approval, and Conditions of
Approval #1.A, #1.B, #1.C, and #1.D may be deleted since they have been satisfied. She
further indicated the applicant has requested an extension of the time allowed to submit the plat,
from thirty (30) days to 120 days, as referenced within Conditions of Approval #2 and #3. She
clarified the applicant is required to complete the Recorded Exemption process, and will need
additional time to record the plat. In response to Commissioner Rademacher, Ms. Hatch
indicated the applicant is in fairly close proximity to a surrounding property owner; however, no
comments or concerns have been received from surrounding property owners. She confirmed
the applicant does utilize ultrasonic collars to keep the dogs from barking. Commissioner
Rademacher indicated it appears that the treeline on the west of the site provides a natural
barrier, and Ms. Hatch confirmed there is a large amount of mature landscaping on the site.
Responding to Commissioner Kirkmeyer, Ms. Hatch confirmed staff supports approval of the
sign request because the sign is not significantly larger, and it is set back from the road. She
indicated the sign will be located next to the dog statue currently located on the site, and in
response to Commissioner Rademacher, she confirmed the sign will be set back approximately
50 feet from the road.
Don Carroll, Department of Public Works, stated County Road 50 is a local gravel road which is
maintained by Weld County. He confirmed access to the site is through an existing easement,
which is recorded, and the easement is graded and drained, which provides an all-weather
access to five residences. He confirmed the applicant's property is at the top of the hill, and is
at the end of the recorded easement. He indicated the parking areas on the site contain an
adequate amount of gravel, and the applicant is required to provide a stormwater detention
area. He confirmed the applicant has provided the required Drainage Report, and the drainage
from the kennels is captured on the site. He stated the Department did not require a traffic
study, since the applicant indicated few visitors come to the site, as approximately 90 percent of
the puppies are sold over the internet and shipped to their new homes. Mr. Carroll indicated the
kennel has two part-time employees, and one of the employees lives on the site in the second
residence. He confirmed the Department does not have any outstanding concerns, and he
concurred with the deletion of Condition of Approval #1.D. Responding to Commissioner
Rademacher, Mr. Carroll confirmed dust abatement will not be required as it is not warranted.
In response to Commissioner Kirkmeyer, Mr. Carroll indicated he is not sure of the exact
placement of the sign; however, it will be required to be set back from the intersection so that it
does not interfere with sight distance. Further responding to Commission Kirkmeyer, Ms. Hatch
confirmed the applicant will be required to obtain a building permit for the construction of the
sign, and the limitations within the building permit will address the concerns for sight distance.
Lauren Light, Department of Public Health and Environment, stated water will be provided from
the Central Weld County Water District, and the site contains two existing septic systems. She
clarified one septic system was approved in 1994, to serve up to six people within a residence,
and the other was approved in 1985 for a residence and a party barn, to serve up to 250 people.
She further clarified a residence was added to the second septic system in 2000, and the
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engineering report has determined that the size of the system is adequate. She stated the
applicant has clarified that there are no grooming operations on the site, therefore, the flows into
the septic system will be reduced. She further stated the applicant is required to provide a
Waste Handling and Dust Abatement Plan, and in response to Commissioner Rademacher, she
confirmed she has not received a copy of the engineer's evaluation of the septic system;
however, she is sure the system will not be utilized by 250 people on a daily basis. She
indicated the applicant will be required to determine if a permit from the State is required
through the Pet Animal Care Facilities Act (PACFA). Responding to Commissioner
Rademacher, Ms. Light indicated noise on the site is restricted to the levels allowed within the
Commercial Zone District, since kennels are reviewed by staff as a commercial operation.
Sheri Lockman, Lockman Land Consulting, LLC, represented the applicant and displayed
photographs of the site, marked Exhibit E. She indicated Lee Brenner -Barrett operates the
kennel on her own most of the time, and she specializes in the breeding of white golden
retrievers. She confirmed Ms. Brenner -Barrett started the kennel as a hobby, and due to the
success she has experienced, it became necessary to obtain the proper permits for a kennel.
She confirmed Ms. Brenner -Barrett created a rough sketch of the proposed sign, which she
submitted for the record, marked Exhibit F. She confirmed the surrounding property owners
cannot see the site from their residences, and the second home on the site was formerly
occupied by the applicant's mother; however, she recently passed away. Ms. Lockman
indicated the applicant's daughter-in-law, who is an employee of the business, recently moved
into the second residence with her husband and children, and the business employs one other
part-time caretaker. She reiterated a small number of visitors come to the site, as most of the
puppies are sold over the internet and are shipped to their new owners. She clarified the
kennels house a maximum of 15 adult dogs, along with up to 50 puppies younger than six
months, and the dogs are fitted with collars which emit an ultrasonic sound to prevent barking.
She confirmed the photographs indicate that no additional screening on the site is necessary,
and indicated each kennel building is equipped with a heater, a hose for cleaning, and separate
garage doors for the dogs to have access to the outside exercise area. She stated solid waste
from the kennels is bagged and hauled away by a commercial hauler on a weekly basis, to help
reduce odors. She indicated a trough runs along the front of the kennel building for proper
drainage into the septic system after cleaning. Ms. Lockman confirmed the dogs receive
professional grooming services off of the site, and the grooming area is for an occasional quick
groom and emergency clean-up only, therefore, the applicant would like the grooming use to be
removed from the title of the requested uses. She confirmed the building does contain
adequate restrooms for use by visitors to the site, and the puppy kennels allow the puppies to
be inside or outside, at their discretion.
Ms. Lockman indicated the applicant is requesting flexibility in Development Standard #6, and
would like to be allowed to have an employee of the business or a relative live in the second
residence. She clarified the applicant does not want her current family to be required to move
away from the site if it becomes necessary for them to take on a different occupation. Chair
Garcia suggested the words "or relative of the property owner" be added to the end of
Development Standard #6. In response to Commissioner Kirkmeyer, Ms. Lockman confirmed
working at the kennel is currently a good solution for the daughter-in-law; however, it is possible
that could change in the future. Commissioner Kirkmeyer questioned whether allowing an
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employee or a relative of the applicant to live in the second residence modifies the overall intent
of the application. She confirmed if the daughter-in-law is still involved in some aspect of the
kennel care, the language within the Development Standard does not require modification.
Ms. Lockman indicated only a portion of the property was included within the USR boundary,
and staff required that the applicant either include the entire boundary, or complete the
Recorded Exemption process to split off a portion of the parcel. She stated the applicant is
agreeable to completing the Recorded Exemption process; however, she is not sure that the
language is appropriate to be included as a Condition of Approval. She confirmed the applicant
needs to be able to keep the second home on the property; however, the size of the overall
property is becoming a burden for the applicant, and the applicant would like to sell off some of
the property.
Lee Brenner -Barrett, applicant, stated the sign was originally designed to be utilized in
conjunction with a dog park area of open grass, which is where the big dog statue is located.
She confirmed a professional will design the sign, and the sign will be of high quality. She
further confirmed all of the neighbors are supportive of the kennel, and she has not been
presented with any concerns. She stated the driveway was created in conjunction with an oil
and gas company, which provided approximately $10,000.00 of road base and improvements.
In response to Commissioner Kirkmeyer, Ms. Brenner -Barrett indicated when her mother
passed away, her son, Travis, and daughter-in-law, Alanna, decided to move back to the area,
and Alanna helps her with the day-to-day operations of the kennel. She confirmed she does not
expect for Alanna to have to quit working at the kennel, unless her husband is transferred to
another area for his job. She indicated if her son and daughter-in-law were to move away, she
would like to be able to let another relative move into the second residence to help with the
kennel operations. Commissioner Kirkmeyer suggested the words "an employee" be replaced
with "a person" within Development Standard #6. Ms. Brenner -Barrett confirmed a bathroom is
available for use by visitors to the facility, and all fecal matter from the dogs is picked up and
hauled away by a commercial trash company on a weekly basis. She clarified on the day that
staff took photographs of her property there were many oil and gas employees on her site, and
the trailer and vehicles in front of the second residence are owned by her son, who was actively
moving into the house that day. She clarified she has always strived to keep her property neat
and clean.
No public testimony was offered concerning this matter.
In response to Chair Garcia, Ms. Lockman confirmed it is the applicant's intent to have all
references of grooming removed from the Resolution, and the Board concurred with the deletion
of references to grooming throughout the Resolution. Further responding to Chair Garcia, the
Board concurred with the deletion of Conditions of Approval #1.A, #1.B, #1.C, and #1.D, with
the required re -lettering. In response to Commissioner Kirkmeyer, Ms. Hatch confirmed
Development Standards #22 and #23 need to remain within the Resolution, as the applicant will
still be required to comply with the requirements. Responding to Chair Garcia, the Board
concurred with the modification of Conditions of Approval #2 and #3 to indicate 120 days
instead of thirty (30) days. Further responding to Chair Garcia, Commissioner Kirkmeyer
indicated no additional language is necessary regarding the size of the sign, as concerns will be
adequately addressed through the issuance of a building permit. The Board concurred with the
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modification of Development Standard #6 to state, "The second home shall be for a person
related to the business on the property."
Responding to Commissioner Kirkmeyer, Mr. Hatch stated the applicant had previously
indicated the desire to complete a Recorded Exemption on the property, therefore, Condition of
Approval #1.1 was included to provide the applicant with two options. Mr. Barker confirmed the
language makes the requirements clearer for the applicant to understand, and in response,
Ms. Lockman confirmed the applicant understands the options, and is not seeking an
amendment to Condition of Approval #1.1. Responding to Commissioner Rademacher,
Ms. Lockman confirmed the applicant does not desire to include more than two employees.
In response to Chair Garcia, Ms. Lockman indicated she and the applicant have reviewed, and
concur with, the Conditions of Approval and Development Standards, as modified.
Commissioner Conway moved to approve the request of Hadley Barrett and Lee
Brenner -Barrett for a Site Specific Development Plan and Use by Special Review Permit #1701
for a Kennel (15 dogs) and one single family dwelling unit per lot (second home on the property)
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, as amended. His motion included the removal of references to grooming
throughout the Resolution; the deletion of Conditions of Approval #1.A, #1.B, #1.C, and #1.D,
with the required re -lettering; the modification of Condition of Approval #2 to state, "...The Mylar
plat and additional requirements shall be submitted within 120 days from the date of the Board
of County Commissioners Resolution..."; the modification of Condition of Approval #3 to state,
"...should the plat not be recorded within the required 120 days from the date of the Board of
the County Commissioners Resolution..."; and the modification of Development Standard #6 to
state, "The second home shall be for a person related to the business on the property" The
motion was seconded by Commissioner Kirkmeyer, and it carried unanimously. There being no
further discussion, the hearing was completed at 11:50 a.m.
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This Certification was approved on the 27th day of July, 2009.
ATTEST:
Weld County Clerk to the B
BY:
Deputy Cleto the Board
BOARD OF COUNTY COMMISSIONERS
WELD 0 WNT COLORADO
Sean P. Conway
ludiG,4 u 15 ti
Kirkmeyer
David E. Long
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EXHIBIT INVENTORY CONTROL SHEET
Case USR #1701 — Hadley Barrett and Lee Brenner -Barrett
Exhibit Submitted By Description
A. Planning Staff Inventory of Items Submitted
Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes dated July 7, 2009)
D. Planning Staff Certification and photo of sign posting
E. Applicant Photographs of property
F. Applicant Sketch of proposed sign
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ATTENDANCE RECORD
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