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HomeMy WebLinkAbout840229.tiff- .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. RESOLUTION RE: APPROVAL OF USE BY SPECIAL REVIEW FOR A DOG KENNEL - LEWIS AND BARBARA CORNELL WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 21st day of March, 1984 , at the hour of 2 : 00 o' clock p.m. in the Chambers of the Board for the purpose of hearing the application of Lewis and Barbara Cornell, 1149 Weld County Road 33 3/4 , Brighton, Colorado 80601 , for a Use by Special Review for a dog kennel on the following described real estate, to-wit: Lot 11 , Block 2 , JoAnn Subdivision; located in part of the SE4, Section 26 , Township 1 North, Range 66 West of the 6th P .M. , Weld County, Colorado WHEREAS, Section 24 . 4 . 2 of the Weld County Zoning Ordinance provides standards for review of said Use by Special Review, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, has studied the re- quest of the applicants and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter, and having been fully informed, finds that this request shall be approved for the following reasons : 1 . The submitted materials are in compliance with the application requirements of Section 24 . 7 of the Weld County Zoning Ordinance. 2 . It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24 . 4 . 2 of the Weld County Zoning Ordinance as follows : a. Use by Special Review Operation and Design Stan- dards provide adequate protection of the health, safety and welfare of the neighborhood and County. NOW, THEREFORE , BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado, that the application for a Use by Special Review for a dog kennel on the hereinabove described parcel of land be, and hereby is, granted subject to LHR 129 L o , 8402gy Page 2 RE: USR - CORNELL to the following conditions : 1 . The attached Standards for Use by Special Review be adopted and placed on the Use by Special Review plat prior to recording. 2 . No building or electrical permits shall be issued for the Use by Special Review Permit area until the Stan- dards for the Use by Special Review have been placed on the Use by Special Review plat and the plat has been delivered to the Department of Planning Services office. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 21st day of March, A.D. , 1984. BOARD OF COUNTY COMMISSIONERS ATTEST: ' ^ �% 4.1',: '- t -‘ -1', WELD COUNTY, COLORADO 61 Weld County Clerk and Recorder / /i-t-w.-, _ &4„ _ (AYE) and Clerk to the Board Norman Carlson, Chairman f � Y " ��n� G - �• __B_ � Deputy County Clerk a gue' n ne Jo n on, P-ro-Tem APPROVED AS TO FORM: np of h� iIL_J (NAY Gene R. Brantner• 72 C/� J (� (AYE) County Attorne C uck Carlso �. 2,•S (AYE) 2 n T. Martin OPERATION STANDARDS CORNELL DOG KENNEL U.S.R. - 596:83:59 1. The Permitted Use shall be a dog kennel operation for eighteen (18) dogs as described in the revised application materials on file in the Department of Planning Services. 2. The dog kennel operations shall be designed and landscaped to meet the following minimum standards: A. All dogs shall be kept inside soundproofed buildings) from 10:00 p.m. until 6:30 a.m. Dogs may be permitted outside between the hours of 6:30 a.m. and 10:00 p.m. All dog housing buildings shall meet the following specifications and construction shall be completed by June 1, 1984: 1. The wall section of the buildings) shall be a minimum of five-eighths (5/8) inch sound deadening board with one-half (1/2) inch plywood on each side of the sound deadening board. The roof shall be a minimum of one- half (1/2) inch plywood; 2. The interior building surfaces of the indoor dog houses shall be constructed and maintained so that they are impervious to moisture and may be readily cleaned; 3. Reliable and adequate electric power shall be provided to ensure indoor artificial lighting; 4. Adequate potable water shall be provided. Back flow preventers shall be installed on any threaded faucets that are used for a hose connection; 5. Adequate ventilation shall be provided for the health and comfort of the dogs at all times. All dogs shall be provided with fresh air either by means of windows, doors, vents or air conditioning and shall be ventilated so as to minimize drafts, odors and moisture condensation; 6. The dog housing facilities shall provide a separate area for washing equipment, sanitizing equipment and for food storage which would be protected from contamination. B. One run shall be provided for every four (4) dogs, sufficient to allow any dog to break into a run. C. A six (6) foot wooden fence shall he constructed to enclose the dog kennel operation. The north and south fence line may be slotted to improve ventilation. Construction shall be completed by June 1, 1984. D. Evergreen trees shall be planted and maintained at intervals of twenty (20) feet around a six-tenth (6/10) acre section of land which includes the Cornell improvements. The trees shall be planted along the south, west and north perimeter of this area as indicated on the revised Use by Special 'Review map on file in the Department of Planning Services office. A minimum of forty-eight (48) trees planted two (2) rows deep shall constitute the required planting and it shall be completed by April 15, 1-984. The trees shall be a minimum of six (6) feet in height (fence level) at the time of transplanting. 3. Animal waste shall be removed daily from the kennel area and placed in an enclosed container. The waste shall be removed on a weekly basis from the subject property. OPERATION STANDARDS Cornell Dog Kennel U.-S.R.-596:83:59 Page 2 4. All phases of the kennel operation shall comply with all applicable County and State health standards and regulations. Buildings and grounds shall be kept clean, in good repair and free -of trash. 5. The Use by Special Review Permit shall not be transferrable to any successors, and interest to the described property shall terminate automatically upon conveyance or lease of the property with others far operation of the facility. 6. The applicant shall comply with the design standards for the Use by Special Review Permit, Section 24.5 et seq. , of the Weld County Zoning Ordinance. 7 . The applicant shall comply with the Operation Standards for Uses by Special Review, Section 24.6 et sec., of the Weld County Zoning Ordinance. 8. Representatives or members of the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the site at any reasonable time in order to insure the operations carried out on the site comply with the Operation Standards stated hereon and all applicable Weld County Regulations. 9. The Use by Special Review shall be limited to the plans shown hereon and governed by the Standards as stated above and all applicable Weld County Regulations. Any material deviations from the plans and/or Standards as shown or stated above shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans and/or -Standards are permitted. Any other changes shall be filed in the office of the Depart- ment of Planning Services. 10. The property owner and/or operator of this operation shall be responsible for complying with all of the above stated Standards. Noncompliance with any of the above stated Standards may be reason for revocation of the Permit by the Board of County Commissioners. MSM:dg HEARING CERTIFICATION DOCKET NO. 84-3 RE: USE BY SPECIAL REVIEW, DOG"KENNEL, LEWIS & BARBARA CORNELL A public hearing was conducted on March 21 , 1984, at 2:0B P.M. , with the following present: Commissioner Norman Carlson, Chairman Commissioner Jacqueline Johnson, Pro-Tem Commissioner Gene Brantner Commissioner Chuck Carlson Commissioner. John Martin Also present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, Lee D. Morrison Planning Department Representative, Rod Allison The following business was transacted: I hereby certify that pursuant to a notice dated January 9, 1984, and duly published in the La Salle Leader on January 19, 1984, a public hearing was conducted to hear the application of Lewis and Barbara Cornell for a Use by Special Review for a dog kennel. Lee Morrison, Assistant County Attorney, read this application into the record. Rod Allison, Planning Department repre- sentative, read the favorable recommendation of the Planning Commission, along with the ten proposed Operation Standards, into the record. Fred Otis, attorney representing the applicants, stated that Mrs. Cornell is a hobby breeder, operating a kennel as defined by the Weld County Zoning Ordinance, not as defined by State statutes. Mr. Otis stated that the proposed Operation Standards contain expensive improvements to the existing facilities, which are to be complet¢lby June 1, 1984. He stated that the Cornells are willing to comply with the Operation Standards by that date. Mr. Otis submitted pictures taken in JoAnn Subdivision, showing this to be an agricultural subdivision, with five acre lots. He stated that Mrs. Cornell has raised dogs in this location for seven years with no complaints. Commissioner Johnson asked the procedure which would be followed: if the Operation Standards were not implemented by June 1. Mr. Allison explained the various steps which could be taken. Mrs. Cornell came forward. She stated that she raises show dogs which have been shown all over the United States. Her dog population includes show dogs, dogs too old to be shown, and younger dogs which are being trained for shows. She also submitted a plan of their proposed facilities to the Board. (Tape change, #84-22) Charles Kinder stated that the neighbors had assumed that the Cornells had the necessary permits for their operation and that every neighbor -in the subdivision had signed petitirns opposing this Use by Special Review Permit. In response to a question by Commissioner Johnson, Mr. Kinder stated that he would still object if the Operation Standards were approved and enforced. Other neighbors who appeared to voice their opposition included Joann Kinder, Oat Wilson, and Jean Farrer. Barbara Fleischaker of the Colorado Dog Fanciers Association stated that Mrs. Cornell's present facility is adequate, and the proposed Oper- ation Standards would make it a truly ideal facility. She stated that Mrs. Cornell's dogs have been in excellent show condition and are far too valuable to be allowed to run loose. Pat -Schmitz, a dog trainer and handler who has shown Mrs. Cornell's dogs, stated that these dogs have always been in excellent show condition. After further discussion, Commissioner C. Carlcn stated that he felt that, if this kennel is operated by the proposed Operation Standards, it will be compatible with the neighborhood and moved to approve this Use by Special Review, with the proposed Operation Standards, for Lewis and Barbara Cornell. Commissioner Johnson seconded the motion, stating that she expects the Operation Standards to be upheld and will keep the June 1 deadline in mind. Commissioner Brantner stated that he feels a person should he able to do what he wants with his property as long as he doesn't infringe on his neighbors, but he feels that a dog kennel or hobby of this nature doesn't belong in a subdivision; therefore, with great difficulty, he will vote against the motion. Commissioner Martin commented on the fact that each neighbor appearing spoke in opposition to the proposal; however, the reasons for objection, odor, noise, flies and loose dogs have all been addressed in the proposed Operation Standards, therefore, he will support the proposal. Chairman N. Carlson stated that the slogs have been there seven years with adequate facilites, and the proposed Operation Standards will improve the facilities; therefore, he will support the motion. The motion carried TAPES #84-21 & 84-22 DOCKET #84-3 LHR 129 Page 2 RE: HEARING CERTIFICATION - CORNELL with Chairman N. Carlson and Commissioners C. Carlson, Johnson and Martin voting aye and Commissioner Brantner voting nay. APPROVED: ArmST: BOARD OF COUNTY COMMISSIONERS WEED COUNTY, COLORADO V Weld County Clerk and Recorder p.yw el-4-44- and Clerk to the Board Norman Carlson, Chairman B1': v 1� 1fit— (l. y :,.-ea- • \ u► C % Deputy County Clerk a -1 e John on Pro-Tem L: ),gitgt &S/ Gene R. Brantner uck Carbon Jo T. Martin 0326-84 ATTENDANCE RECORD DATE: March 21 , 1984 TODAY' S HEARINGS ARE AS FOLLOWS: Docket #84-3 , USR, Dog kennel, Lewis & Barbara Cornell Docket #84-9 , USR, Turkey farm, Mile High Turkey Hatchery Docket #84-12 , USR, Oil & gas production facilities , Lundvall Oil & Gas PLEASE write or print legibly your name, address and the DOCKET # (as listed above) or the applicant ' s name of the hearing you are attending. 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