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Home My WebLink About20061172.tiff HEARING CERTIFICATION DOCKET NO. 2006-31 RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1547 FOR HOME BUSINESS (ANIMAL/PET CREMATORY) IN THE A (AGRICULTURAL) ZONE DISTRICT- CHARLES AND PENNY MYERS III A public hearing was conducted on May 10, 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, Cyndy Giauque 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 April 21,2006,and duly published April 26,2006, in the Fort Lupton Press, a public hearing was conducted to consider the request of Charles and Penny Myers III,fora Site Specific Development Plan and Use by Special Review Permit#1547 for a Home Business (animal/pet crematory) in the A(Agricultural) Zone District. Cyndy Giauque, Assistant County Attorney, made this a matter of record, and advised Charles and Penny Myers, applicants, that they have the option of continuing this matter to a date when the full Board will be present. However, if they decide 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. Myers indicated he would like to proceed today. Jacqueline Hatch, Department of Planning Services, presented a brief summary of the proposal, entered the favorable recommendation of the Planning Commission into the record as written,and gave a brief description of the location of the site and surrounding land uses. She stated the site is currently serviced by an individual septic system and the Little Thompson Water District. She stated eleven referral agencies reviewed the proposal,four had no comment,and five responded favorably or provided comments that have been addressed in the Conditions of Approval and Development Standards. She further stated staff received no response from the Colorado Department of Public Health and Environment, the Sheriff's Office, or any surrounding property owners. She stated the site is within the three-mile referral area for the City of Longmont and the Town of Mead. Ms. Hatch stated the City of Longmont indicated no conflict with the proposal,and the Town of Mead is requesting the applicant be required to petition for annexation. She submitted a memorandum, marked Exhibit F, requesting changes to the Conditions of Approval and Development Standards, which she reviewed for the record, and the Board supported. 2006-1172 n PL1838 to ; r , , f-L_. OS-.31-0‘ HEARING CERTIFICATION - CHARLES AND PENNY MYERS, Ill (USR#1547) PAGE 2 Char Davis, Department of Public Health and Environment, stated the existing septic system is permitted and the site is serviced by the Little Thompson Water District. She stated the applicant will be required to submit a Waste Handling Plan and a permit from the Air Quality Control Commission. Responding to Commissioner Masden, Ms. Davis stated the application materials indicate there will be no air emissions from the equipment. Donald Carroll, Department of Public Works, stated the site is accessed from Weld County Road 34, which is classified as a collector status road between Interstate 25 and Weld County Road 13. He stated the east side of the property is adjacent to the section line; however,there is 30 feet of right-of-way in Section 13 and no land locked parcels will be created,therefore, he is not requiring a Nonexclusive License Agreement. Charles Myers,applicant,stated he has reviewed and concurs with the Conditions of Approval and Development Standards as proposed and modified. Responding to Commissioner Masden, Mr. Myers stated the equipment is built in compliance with State regulations,the facility is required to meet and exceed the State emissions control requirements,and there will be no visible emissions or odors. In response to Commissioner Jerke, Mr. Myers stated he plans to work primarily with household pets; however, he may expand the business to allow larger animals. Commissioner Jerke commented the permit should clarify that animals which may have been contaminated with Chronic Wasting Disease will not be allowed. Mr.Myers stated he has no intent of dealing with wild game. Ms. Hatch proposed the addition of a new Development Standard#4 to state, "No wildlife shall be cremated at the site." Commissioner Vaad commented he would prefer to restrict the facility to allow only canines and smaller animals until such time as larger animals are proposed through a permit amendment. Responding to Commissioner Vaad,Mr.Myers stated his equipment complies with the same regulations enforced for human crematories. He further stated he is agreeable to limiting the permit,with the understanding that he can apply for an amendment if he desires to accept larger animals. Ms. Hatch stated an additional Development Standard could be added to state, "No animals larger than the canine species may be allowed at this site." Ms. Giauque suggested possibly placing a weight restriction. Commissioner Jerke commented his primary concern deals with wild game and possible disease threats. Mr. Myers reiterated he is agreeable to restricting the permit to household pets; however, he does not agree with a weight restriction. In response to Penny Myers,co-applicant,Commissioner Vaad commented his concern deals with the storage limitations and possible health hazards created by allowing large animals. Mr. Myers stated they will have cold storage, and he suggested the restrictions coincide with the storage capacity of the facility. Responding to Chair Geile, Ms. Myers stated they intend to accept domesticated animals,which may include pot bellied pigs,small horses,etcetera. Commissioner Jerke stated he does not have a concern with the size of the animals that are accepted, since the facility will have cold storage, therefore, his only concern deals with diseases from wildlife. Commissioner Masden stated he supports restricting both wildlife and large animal livestock. Ms. Hatch reviewed the definitions of a"Household Pet"and"Livestock"for the record,and noted if the permit is restricted to Household Pets, a pet rabbit would not be allowed since it falls under the classification of Livestock. Chair Geile commented he supports Com m issioner Jerke regarding the restriction of wildlife. The Board indicated agreement with the addition of Development Standard #4 regarding the restriction of wildlife. Ms. Hatch also requested the deletion of Conditions of Approval#1.D and#1.H.4,due to the testimony from Mr.Carroll indicating a Nonexclusive License Agreement is not being required. 2006-1172 PL1838 HEARING CERTIFICATION - CHARLES AND PENNY MYERS, Ill (USR #1547) PAGE 3 No public testimony was offered concerning this matter. Commissioner Jerke moved to approve the request of Charles and Penny Myers III, for a Site Specific Development Plan and Use by Special Review Permit #1547 for a Home Business (animal/pet crematory)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 the changes proposed by staff in Exhibit F,deleting Conditions of Approval#1.D and#1.H.4,adding a new Development Standard#4 to state, "No wildlife shall be cremated at the site,"and renumbering or relettering as appropriate. The motion was seconded by Commissioner Masden,and it carried unanimously. There being no further discussion, the hearing was completed at 10:40 a.m. This Certification was approved on the 15th day of May 2006. a APPROVED: RD OF COUNTY COMMISSIONERS ,, ' D COU/ Y, COLORADO ATTEST: ILI J. eile, Chair Weld County Clerk to the Boar.� N 1 1 EXCUSED David E. Long, Pro-Tem BY: 1 /� �.� D uty Cle to the Board 4i�i NL`�• W' ' m H. Jerke TAPE #2006-18 / Rob D. Masden DOCKET#2006-31 Glenn Vaad 2006-1172 PL1838 EXHIBIT INVENTORY CONTROL SHEET Case USR#1547 - CHARLES AND PENNY MYERS III 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 03/21/2006) D. Clerk to the Board Notice of Hearing E. Planning Staff Memorandum re: Items Prior to Scheduling, dated 04/11/2006 F. Planning Staff Memorandum re: Modified Conditions, dated 05/08/2006 G. 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