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Home My WebLink About20081140.tiff HEARING CERTIFICATION DOCKET NO. 2008-28.A RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1644 FOR A KENNEL (TO ACCOMMODATE 120 DOGS), AND ONE (1) SINGLE-FAMILY DWELLING UNIT PER LOT OTHER THAN THOSE PERMITTED UNDER SECTION 23-2-30.AOF THE WELD COUNTY CODE, IN THE A(AGRICULTURAL)ZONE DISTRICT - JACK AND VICKI PIERSON A public hearing was conducted on May 28, 2008, at 10:00 a.m., with the following present: Commissioner William H. Jerke, Chair Commissioner Robert D. Masden, Pro-Tem Commissioner William F. Garcia Commissioner David E. Long - EXCUSED Commissioner Douglas Rademacher - EXCUSED 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 March 28, 2008, and duly published April 2, 2008, in the Fort Lupton Press, a public hearing was conducted on April 16, 2008, to consider the request of Jack and Vicki Pierson for a Site Specific Development Plan and Use by Special Review Permit #1644 for a Kennel (to accommodate 120 dogs), and one (1) single-family dwelling unit per lot other than those permitted under Section 23-2-30.A of the Weld County Code, in the A(Agricultural) Zone District, at which time the Board deemed it advisable to continue the matter to May 28, 2008, at the applicant's request. At said hearing on May 28, 2008, Bruce Barker, County Attorney, made this a matter of record. Chair Jerke advised the applicant, Vicki Pierson, 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 the matter will be deemed denied. Ms. Pierson indicated she would like to proceed today. 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 located south of County Road 40, west of County Road 33, and is within the three-mile referral area for the Town of Gilcrest,which did not return a referral response. He gave a brief description of the surrounding properties, and indicated the closest residence is approximately 300 feet to the east. He stated one letter of concern was received from a surrounding property owner, indicating concerns regarding noise. He further stated fourteen referral agencies reviewed the request, of which twelve responded favorably, or provided comments which have been addressed within the Conditions of Approval and Development Standards, and he displayed photographs of the site and surrounding area. He indicated it is necessary to modify Development Standard #20 to state Central Weld County Water District, not 2008-1140 PL1964 HEARING CERTIFICATION - JACK AND VICKI PIERSON (USR #1644) PAGE 2 Left Hand Water District. In response to Chair Jerke, Mr. Ogle indicated he is unsure of where the sprinkler pivot is located; however, the applicant may address this within the presentation. Lauren Light,Department of Public Health and Environment,stated the Central Weld County Water District provides water to the site, and there are two septic systems located on the site. A system for the mobile home was installed in 1994, and the system for the residence had a statement of existing completed in 1993; however, the installation date is unknown. She indicated Condition of Approval #1.F indicates the applicant must designate which system will be utilized by employees and visitors, which will require an evaluation by a Colorado registered engineer, or, installation of a new septic system for the business needs. She stated Dust Abatement and Waste Handling Plans are required, as well as a copy of the State Pet Care License. She further stated she does not expect noise to be an issue on the site since 75 percent of the dogs on the site are de-barked; however, the applicant must adhere to the noise standards for the Commercial Zone District. She indicated Development Standards#10 through #20 address the requirements of the Department. In response to Chair Jerke, Mr. Ogle indicated the site is utilized as a small dog breeding kennel, and he confirmed dogs are not boarded at the site. David Snyder, Department of Public Works, stated County Road 40 is classified as a local gravel road, requiring the existing 60 feet of right-of-way. He indicated the applicant will utilize the existing access, and will need to provide adequate turning radii for any potential truck deliveries. He stated the applicant must provide for a stormwater capture area, which will be a grassy area to capture runoff from small storms. He further stated the Planning Commission voted to add a Development Standard requiring dust abatement to address potential dust complaints. Mr. Snyder stated the average daily traffic count is less than 200 trips per day, and the visitors to the site will be by appointment only, therefore, the traffic to the site will be minimal. In response to Commissioner Masden, Mr. Snyder indicated it is his understanding that the applicant will not keep set business hours, and potential dog purchasers will need to set an appointment time with the applicant before visiting the site. Responding to Chair Jerke, Mr. Ogle indicated the site is currently in violation, and this application has been submitted to correct the violation. Ms. Pierson stated she owns and operates Vista Kennels, and the current limit is 120 small dogs, which are well-kept animals. She gave a brief explanation of the surgery completed to de-bark a dog, and indicated the dog can still bark after the surgery; however, the sound is not as loud. She explained the noise level is cut dramatically by the de-barking; however, the dog is not hurt by the surgery. She clarified the dogs are pretty much unheard and unseen by the neighbors, due to the privacy fences on the site, and she confirmed the puppies are not sold to pet stores. She stated she has obtained her Pet Animal Care Facilities(PACFA)Program license, her facility is inspected one time per year by both the American Kennel Club (AKC) and PACFA, and she has never received a violation from either organization. She clarified the dogs are housed in above-board standards, and are raised to be well-socialized companions. In response to Commissioner Masden, Ms. Pierson indicated the facility raises bichon, yorkie, westie, and shitzu dogs, and all dogs are under 35 pounds. She further indicated she advertises in the newspaper and by word of mouth referral, and all potential clients must call the facility and make an appointment before visiting. She clarified additional pets are not boarded at the facility. Further responding to Commissioner Masden, Ms. Pierson stated she has visitors to the site approximately two to three times per week, most often on the weekends. In response to Commissioner Garcia, Ms. Pierson 2008-1140 PL1964 HEARING CERTIFICATION - JACK AND VICKI PIERSON (USR #1644) PAGE 3 indicated she concurs with the hours of visitation described in Development Standard #4. Responding to Chair Jerke, Ms. Pierson indicated she is licensed through the Colorado Department of Agriculture,which provides annual inspections through PACFA,and she is also subject to annual inspections by the AKC; however, since she has received no violations, she may now be inspected once every three years. She clarified PACFA centers the inspection on the facilities, and the AKC inspection is centered on the records of the dogs. In response to Chair Jerke, Jack Pierson, applicant, gave an explanation of the location of the irrigation sprinkler pivot and its operation pattern. No public testimony was offered concerning this matter. In response to Chair Jerke, Ms. Pierson indicated she has reviewed, and concurs with, the Conditions of Approval and Development Standards, as modified. Commissioner Garcia moved to approve the request of Jack and Vicki Pierson for a Site Specific Development Plan and Use by Special Review Permit #1644 for a Kennel (to accommodate 120 dogs), and one (1) single-family dwelling unit per lot other than those permitted under Section 23-2-30.A of the Weld County Code, 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 amendment of Development Standard #20, to state, "Central Weld County Water District." The motion was seconded by Commissioner Masden, and it carried unanimously. There being no further discussion, the hearing was completed at 11:00 a.m. This Certification was approved on the 2nd day of June, 2008. APPROVED: BOARD OF COUNTY COMMISSIONERS Ii WELD COUNTY, COLORADO ATTEST: lAndli i ' m H. Jerke, Chair Weld County Clerk to the ark � � � (� )\1N � (I RobeJt D.,Ma§den, Pro-Tem BY: Deputy Cler o the Board William F. Garcia EXCUSED David E. Long EXCUSED Douglas Rademacher 2008-1140 PL1964 EXHIBIT INVENTORY CONTROL SHEET Case USR#1644 - JACK AND VICKI PIERSON Exhibit Submitted By Exhibit Description A. Planning Staff Inventory of Items Submitted B. Planning Commission Resolution of Recommendation C. Planning Commission Summary of Hearing (Minutes 03/04/2008) D. Clerk to the Board Notice of Hearing (Filed under Legals) E. Planning Staff Memo re: Applicant's request for Continuance, dated 04/16/08 F. Planning Staff Certification and photo of sign posting G. H. J. K. L. M. N. O. P. Q. R. S. T. U. V. 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