HomeMy WebLinkAbout20060302.tiff HEARING CERTIFICATION
DOCKET NO. 2006-11
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1536
FOR A KENNEL (100 DOGS - DACHSHUNDS) IN THE A (AGRICULTURAL) ZONE
DISTRICT- DONALD AND CHERYL HACKETT
A public hearing was conducted on February 15, 2006, at 10:00 a.m., with the following present:
Commissioner M. J. Geile, Chair
Commissioner David E. Long, Pro-Tem - EXCUSED
Commissioner William H. Jerke
Commissioner Robert D. Masden
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Jacqueline Hatch
Health Department representative, Char Davis
Public Works representative, Donald Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated January 27, 2006, and duly published February 1,
2006, in the Fort Lupton Press,a public hearing was conducted to consider the request of Donald
and Cheryl Hackett fora Site Specific Development Plan and Use by Special Review Permit#1536
for a Kennel(100 dogs-Dachshunds)in the A(Agricultural)Zone District. Lee Morrison,Assistant
County Attorney,made this a matter of record. Chair Geile advised Donald Hackett,applicant,that
he has the option of continuing this matter to a date when the full Board will be present. However,
if he decides to proceed today, it will require three affirmative votes, or in the case of a tie vote,
Commissioner Long will listen to the record and make the determining vote. Mr. Hackett indicated
he would like to proceed today.
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
gave a brief description of the location of the five-acre site and surrounding land uses,and stated
the kennel is existing. She stated nine referral agencies reviewed the proposal,five did not respond,
and four provided comments that have been addressed in the Conditions of Approval and
Development Standards. Ms.Hatch requested Development Standard#14 be modified to change
"employees"to "visitors to the facility' and "helpers"to "visitors". Responding to Commissioner
Vaad, Char Davis, Department of Public Health and Environment, stated she does have a copy of
the current license, which expires February 28, 2006, and Condition of Approval #1.E needs to
remain until the applicant provides evidence that the license has been renewed. Responding to
Commissioner Jerke, Ms. Hatch stated the mobile home was used for storage; however, the
applicant has provided photographs verifying the mobile home has been removed from the site.
2006-0302
PL1822
HEARING CERTIFICATION - DONALD AND CHERYL HACKETT (USR#1536)
PAGE 2
Ms. Davis stated the source of water is a commercial well,which is adequate for a dog kennel, and
the site is serviced by a septic system for the home. She stated the applicant will be allowed to
provide kennel visitors with access to the restroom in the residence; however, due to the age of the
system, staff is requiring the septic system be evaluated by an engineer to be sure the capacity is
adequate.
Donald Carroll, Department of Public Works, stated the site is located adjacent to Weld County
Road 18,which is a collector status road. He stated there is an existing access, and the off-street
parking and access drive will be surfaced with gravel to handle the traffic volume. He further stated
the applicant is being required to use Best Management Practices to manage stormwater runoff;
however, the applicant has indicated the area is sandy and most moisture is absorbed by the soil.
Mr. Hackett questioned the need for Condition of Approval#1.D. He stated very few kennel visitors
use the restroom facilities in the house, and his recently constructed three-bedroom home is used
primarily by his family. Ms. Davis stated rather than requiring a separate restroom facility, staff is
requiring an engineer's inspection of the existing septic system due to the age of the system.
Commissioner Masden commented the system will fail if it is not adequate, and the applicant will
need to install a new leach field to repair the situation. The Board concurred with removing
Condition of Approval #1.D. In response to Chair Geile and Commissioner Jerke, Mr. Hackett
stated the issues with K. P. Kauffman Company, Inc., have been resolved, and there is a market
for this breed of dogs.
No public testimony was offered concerning this matter.
Commissioner Masden moved to approve the request of Donald and Cheryl Hackett for a Site
Specific Development Plan and Use by Special Review Permit #1536 for a Kennel (100 dogs -
Dachshunds)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
as entered into the record. His motion included deleting Condition of Approval#1.D and modifying
Development Standard #14 to change "employees" to "visitors to the facility" and "helpers" to
"visitors". The motion was seconded by Commissioner Jerke, and it carried unanimously. There
being no further discussion, the hearing was completed at 10:30 a.m.
2006-0302
PL1822
HEARING CERTIFICATION - DONALD AND CHERYL HACKETT (USR#1536)
PAGE 3
This Certification was approved on the 22nctiay of February 2006.
APPROVED:
'�ABOARD OF sUNTYCOMMISSIONERS
n '. �,.�J ELD CO TY, COLORADO
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ATTEST: ✓/ l l /. � ° ��yiee/
. J. Geile, Chair
Weld County Clerk to the B?: ( \
EXCUSED
���� ; 2fe /z e%� �� David E. Long, Pro-Tem
BY: v /
D uty Cle k to the Board ��/1
William H. Jerke fl
TAPE#2006-06 \ ,, ur�,�3
Robert, asd 1
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DOCKET#2006-11 i� 9 " t#L
Glenn Vaad
2006-0302
PL1822
EXHIBIT INVENTORY CONTROL SHEET
Case USR#1536 - DONALD AND CHERYL HACKETT
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 12/20/2005)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Memo re: Items Prior to Scheduling, dated
01/12/2006
F. Planning Staff Certification and Photo of sign posting
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