HomeMy WebLinkAbout20071125 HEARING CERTIFICATION
DOCKET NO. 2007-22
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1596
FOR A KENNEL(16 DOG MAXIMUM)IN THE A(AGRICULTURAL)ZONE DISTRICT-
SCOTT AND KRISTIE FISHER
A public hearing was conducted on April 11, 2007, at 10:00 a.m., with the following present:
Commissioner David E. Long, Chair- EXCUSED
Commissioner William H. Jerke, Pro-Tern
Commissioner William F. Garcia
Commissioner Robert D. Masden - EXCUSED
Commissioner Douglas Rademacher
Also present:
Acting Clerk to the Board, Jenny VanEgdom
County Attorney, Bruce Barker
Planning Department representative, Hannah Hippely
Health Department representative, Char Davis
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated March 23,2007, and duly published March 28,2007,
in the Fort Lupton Press, a public hearing was conducted to consider the request of Scott and
Kristie Fisher for a Site Specific Development Plan and Use by Special Review Permit#1596 for
a Kennel (16 dog maximum) in the A(Agricultural)Zone District. Bruce Barker, County Attorney,
made this a matter of record, and advised Kristie Fisher, applicant, 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, it will require three affirmative votes. Ms. Fisher indicated she would like to proceed
today.
Hannah Hippely, 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 east of Weld County Road 23 and south of State Highway 392, and
surrounding properties are predominantly agricultural in nature. She stated fourteen referral
agencies reviewed the request,and twelve agencies responded favorably,or included conditions
that have been addressed in the Conditions of Approval and Development Standards. She further
stated staff is requesting that Condition of Approval#1.H.11 be modified to allow the applicant to
provide a gravel driveway instead of concrete. She stated the applicant is currently in the process
of completing additional construction projects on the property,therefore,staff is requesting that the
time to record the plat be extended from 30 days to 180 days,which is addressed in Conditions of
Approval #2 and #5. Ms. Hippely displayed photographs of the site, and in response to
Commissioner Rademacher, she stated the applicant will be boarding dogs within the kennel.
Responding to Chair Pro-Tem Jerke, Ms. Hippely stated the Willow Springs Subdivision is located
in close proximity of the applicant's property; however, no letters of concern have been received.
In response to Commissioner Rademacher, Ms. Hippely stated the closest residence, located to
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HEARING CERTIFICATION - SCOTT AND KRISTIE FISHER (USR #1596)
PAGE 2
the north, is separated by the canal that divides the properties. She further stated the Owens Illinois
Bottling Plant can be seen in the near distance from the property.
Char Davis, Department of Public Health and Environment, stated the site is served with water from
the North Weld County Water District,and the residence has a permitted septic system. She stated
the applicant will be required to submit a Dust Abatement Plan and Waste Handling Plan, and
evidence from the U.S. Department of Agriculture if they are required to obtain a Boarding license.
In response to Commissioner Rademacher, Ms. Davis stated she is not sure of the exact
requirements for a Boarding license,and the applicant must either present evidence that they have
received a license, or that a license is not required.
Don Carroll, Department of Public Works, stated the site is accessed from Weld County Road 23,
which is a collector status road south of State Highway 392. He stated the Owens Illinois Bottling
Plant is located at the intersection of Weld County Road 23 and Eastman Parkway. He further
stated the traffic count in 2006 indicated the road averages approximately 550 vehicle trips per day.
Mr. Carroll stated there is one existing access to the facility, and there is adequate parking on the
site for animal drop-off and pickup. He stated the Department concurs with the use of a gravel
surface instead of concrete for the proposed use. In response to Chair Pro-Tem Jerke, Ms. Hippely
clarified the Resolution currently requires that the access and parking areas be surfaced with
concrete; however, staff is requesting the applicant be allowed to surface the areas with gravel.
Ms. Fisher stated the facility is small and contains six indoor/outdoor dog runs, and a fenced play
yard for the dogs. She stated she has six dogs, and in response to Commissioner Garcia, she
stated the proposed use would allow her to board an additional ten dogs in addition to the six dogs
that live on the site. Responding to Commissioner Rademacher, Ms. Fisher stated she has a
license with the State, and it is updated annually. In response to Chair Pro-Tem Jerke, Ms. Fisher
stated many of the property owners within the general vicinity have several dogs, and she has not
received complaints regarding the noise of barking dogs. Ms. Davis stated the applicant will be
required to comply with the noise levels allowed in the Commercial Zone District, and this
requirement is addressed in Development Standard #13. Chair Pro-Tem Jerke advised the
applicant that a potential violation could occur in the future if the noise of the barking dogs becomes
an issue.
The Board discussed the changes requested to Conditions of Approval#1.H.11,#2, and#5, and
concurred with staffs recommendations for modification.
In response to Chair Pro-Tem Jerke, Ms. Fisher stated she has reviewed and concurs with the
Conditions of Approval and Development Standards as proposed and modified.
No public testimony was offered concerning this matter.
Commissioner Garcia moved to approve the request of Scott and Kristie Fisher for a Site Specific
Development Plan and Use by Special Review Permit#1596 for a Kennel(16 dog maximum)in the
A(Agricultural)Zone District, based on the recommendations of the Planning staff and the Planning
Commission,with the Conditions of Approval and Development Standards. His motion included the
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PAGE 3
modification of Condition of Approval#1.H.11 to state: "In accordance with Sections 23-3-350.8,
23-3-350.C, 23-3-350.D, and 23-4-30.C, all parking, loading areas, and street access drives shall
be surfaced with recycled asphalt, gravel, recycled concrete, asphalt, concrete, or an equivalent
material. The plat shall delineate the location and type of surfacing material", and the designation
of 180 days for Conditions of Approval#2 and#5. The motion was seconded by Commissioner
Rademacher, and it carried unanimously. There being no further discussion, the hearing was
completed at 11:00 a.m.
This Certification was approved on the 16th day of April 2007.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
Ella WELD COUNTY, COLORADO
ATTEST: - �` XCUSED
s"is' avid E. Long, Chair
Weld County Clerk to the\So,
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DepClerk the Board lWilliaGarcia
TAPE#2007-10 EXCUSED
Robert D. Masden
DOCKET#2007-22 �,bf`D 1 Q Qq,, an/Lair
Douglas adema.-S11
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2007-1125
PL1882
EXHIBIT INVENTORY CONTROL SHEET
Case USR#1596 - SCOTT AND KRISTIE FISHER
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 03/06/07)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Certification and Photo of sign posting
F. Planning Staff Memo re: Modifications to Conditions of
Approval, dated 04/10/07
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