HomeMy WebLinkAbout20053279.tiff HEARING CERTIFICATION
DOCKET NO. 2005-86
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1521
FOR A KENNEL (UP TO 14 SCHIPPERKE DOGS) IN THE A(AGRICULTURAL) ZONE
DISTRICT - RUTH BUCY
A public hearing was conducted on November 23, 2005, at 10:00 a.m.,with the following present:
Commissioner William H. Jerke, Chair
Commissioner M. J. Geile, Pro-Tem
Commissioner David E. Long
Commissioner Robert D. Masden
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Chris Gathman
Health Department representative, Char Davis
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated November4,2005,and duly published November9,
2005, in the Fort Lupton Press, a public hearing was conducted to consider the request of Ruth
Bucy for a Site Specific Development Plan and Use by Special Review Permit#1521 for a Kennel
(up to 14 Schipperke dogs) in the A(Agricultural)Zone District. Lee Morrison, Assistant County
Attorney, made this a matter of record. Chris Gathman, Department of Planning Services,
presented a brief summary of the proposal and entered the unfavorable recommendation of the
Planning Commission into the record as written. He stated the application originally proposed
fourteen (14) Schipperke dogs; however, the Planning Commission amended the request to
fourteen(14)adult dogs,and the applicant is now requesting a reduction to ten(10)dogs. He gave
a brief description of the location of the site and surrounding land uses, and stated there is an
existing modular and garage on the property, with a fenced back yard. Mr. Gathman stated ten
referral agencies reviewed the proposal,and nine responded favorably or provided comments that
have been addressed in the Conditions of Approval and Development Standards. He stated staff
received two telephone calls indicating no concern and five letters of opposition indicating concern
with noise. He explained this is nota commercial kennel;however,it will allow the applicant to keep
more than five of her own private dogs on the property. He stated the applicant has indicated the
dogs will be kept indoors at night,as required by Development Standard#4. Mr. Gathman stated
the Camfield Homeowners'Association is in the process of submitting an augmentation plan to
allow for outside watering,and in a letter dated September 14,2005,the Association indicated it will
include the additional water used by this operation in the plan. He stated the applicant estimates the
kennel operations will use approximately two gallons of water per day. He further stated, in
response to concerns expressed at the Planning Commission hearing,the applicant is proposing
a reduction in the total number of dogs to ten, and has also debarked some of the dogs. Mr.
Gathman stated the Planning Commission recommended denial, citing compatibility issues;
however, if approved, the Resolution will need to be modified to change all references from "14
Schipperke Dogs" to "10 Adult Dogs," since the applicant has a variety of breeds on the site.
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HEARING CERTIFICATION - RUTH BUCY(USR#1521)
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Responding to Commissioner Geile, Mr. Gathman stated he spoke with a representative of the
Colorado Division of Water Resources, who indicated no concern with this proposal due to the
minimal use;however,the water usage should be referenced in the augmentation plan. In response
to Commissioner Masden, Mr. Gathman stated Development Standard#3 indicates the dogs will
be kept indoors from sunset to sunrise, and he gave a general description of the Schipperke's
appearance and size.
Char Davis, Department of Public Health and Environment, stated the site will be serviced by a
private well and permitted septic system.
Don Carroll, Department of Public Works, stated Camfield is adjacent to Weld County Road 51,
which is classified as a Collector status road,east of the site. He stated the County does maintain
Weld County Road 51,as well as some of the roads in Camfield, including Boulevard D, adjacent
to the site. He stated the site is prevented from accessing onto Weld County Road 51, and must
utilize the internal road system.
Ruth Bucy,applicant,stated she has been raising and showing Schipperke dogs for 15 years. She
stated the dogs typically weigh ten to twenty pounds and grow to be ten to fourteen inches tall at the
shoulder. She stated these dogs are her hobby, and she understands the main issue of concern
is barking. Ms. Bucy stated she waits until the school bus leaves and her neighbor is finished caring
for her horses before she lets the dogs out. She stated two or three dogs are left in the yard during
the day,and all the dogs are allowed out once before bedtime before bringing them in for the night.
She stated the dogs are allowed outside when she is home; however, she brings them in if they
start barking. She further stated four of the ten dogs are more than nine years old,and as the dogs
age and die they will not be replaced. Responding to Commissioner Vaad,Ms. Bucy explained she
does use bark collars on some of the dogs,one has been debarked,and she considering debarking
a few more who are problem barkers. She stated,while she is gone,some of the dogs are kept in
kennels in the house, and those that are outdoors do have bark collars. In response to
Commissioner Long, Ms. Bucy stated she breeds certain dogs once a year, and the puppies are
sold. Responding to Chair Jerke, Ms. Bucy stated she does own one share of the water through
the Camfield Water Association Augmentation Plan,which was purchased with the property. She
stated the shares cost approximately$2,500 to $3,000.
Charlene Fraser,surrounding property owner,stated she is home during the day and the applicant's
dogs bark at any move or noise she makes, both inside and outside her home. She stated she
cares for two horses and enjoys spending time outside;however,she cannot enjoy these activities
with the dogs barking. Ms. Fraser stated the privacy fence has half-inch gaps, and the dogs are
very high-strung barkers. She stated her property receives the biggest impact because the dogs
can see her place through the fence. She further stated, although there are other barking dogs in
the neighborhood, she feels Ms. Bucy should be required to comply with the zoning regulations.
There being no further comments, Chair Jerke closed public testimony.
2005-3279
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HEARING CERTIFICATION - RUTH BUCY (USR#1521)
PAGE 3
Ms. Bucy stated she does not want to disturb the neighbors,therefore,she only allows a few dogs
out during the day and keeps them quiet or brings them inside when she is home. She stated she
is willing to debark more dogs, if necessary. Responding to Commissioner Geile, Ms. Bucy stated
when she is home there could be up to six or seven dogs in the yard at one time. Responding to
Chair Jerke, Ms. Bucy stated she has reviewed,and concurs with,the Conditions of Approval and
Development Standards as proposed.
Chair Jerke commented the Board has considered the applications of several large commercial
kennels in the past month, which required various nuisance control plans and were located a
significant distance from surrounding land uses. He expressed concern with compatibility between
the density of the neighborhood and the requested use. He stated there are a significant number
of people who live within 500 feet of the subject site, and the Board has received various
correspondence from neighbors expressing concern or opposition. He further stated the regulations
are in place to mitigate negative impacts,and he feels the applicant's hobby can continue within the
allowed amount. Commissioner Masden concurred,and stated this is a residential area with slightly
bigger lots,and this request for spot-zoning should not be allowed. Commissioner Geile concurred
with the previous comments.
Commissioner Geile moved to deny the request of Ruth Bucy fora Site Specific Development Plan
and Use by Special Review Permit #1521 for a Kennel (up to 10 Schipperke dogs) in the
A(Agricultural)Zone District, based on the recommendation of the Planning Commission. The
motion was seconded by Commissioner Masden, and it carried unanimously. There being no
further discussion, the hearing was completed at 11:50 a.m.
This Certification was approved on the 28th day of November 2005.
APPROVED:
Et a
f t,OARD OF COUNTY COMMISSIONERS
f�.=LD COUNTY, COLORADO
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ATTEST: � ,l� / �',�� h
illiam H. Jerke, Chair
Weld County Clerk to the Bo.
{ EXCUSED DATE OF APPROVAL
B t 0i �l it g iL�l M. eile, P ° (e�
D uty erk t to the B rd C
Davi E. on
TAPE #2005-44
Robert D. Mas en
DOCKET#2005-86
Glenn Vaa
2005-3279
PL1801
EXHIBIT INVENTORY CONTROL SHEET
Case USR#1521 - RUTH BUCY
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 09/06/2005)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Memo re: Items prior to scheduling, dated
09/29/2005
F. Applicant Letter requesting to proceed with hearing
process, received 10/25/2005
G. Richard Dendon Letter of Opposition, dated 11/18/2005
H. Applicant Letter re: Modifications to Plan, dated
11/21/2005
Planning Staff Certification and Photo of sign posting
J. Planning Staff Memorandum re: Revisions to Conditions,
dated 11/23/2005
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 23RD DAY OF NOVEMBER, 2005:
DOCKET#2005-85 - MIKE JOHNSON
DOCKET#2005-84 -CARMAN AND BART BECK
DOCKET#2005-83 - FRANK AND LORETTA WRIGHT
DOCKET#2005-86 - RUTH BUCY
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