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HomeMy WebLinkAbout20053459.tiff HEARING CERTIFICATION DOCKET NO. 2005-84 RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1524 FOR A KENNEL, A DOGGY DAY CARE SERVICE (116 DOGS), AND THE BREEDING OF LABRADORS IN THE A(AGRICULTURAL)ZONE DISTRICT-CARMAN AND BART BECK 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, Kim Ogle Health Department representative, Char Davis Public Works representative, Donald Carroll The following business was transacted: I hereby certify that pursuant to a notice dated November 4,2005,and duly published November 9, 2005,in the Fort Lupton Press,a public hearing was conducted to consider the request of Carman and Bad Beck for a Site Specific Development Plan and Use by Special Review Permit#1524 for a Kennel, a Doggy Day Care Service (116 dogs), and the Breeding of Labradors in the A (Agricultural) Zone District. Lee Morrison, Assistant County Attorney, made this a matter of record. Kim Ogle, 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. He stated the site is within the three-mile referral area of the City of Longmont,Towns of Mead and Berthoud, and Larimer County, and he gave a brief description of the location of the site and surrounding land uses. Mr.Ogle stated thirteen referral agencies reviewed the proposal,and seven responded favorably or provided comments that have been addressed in the Conditions of Approval and Development Standards. He reviewed the site layout and displayed photographs of the surrounding area. Responding to Commissioner Geile,Mr.Ogle stated the applicants are proposing to construct a new residence and use the existing modular for employee housing. He further stated the Planning Commission reduced the maximum amount of adult dogs from 136 to 116 based on public testimony. In response to Chair Jerke, Mr.Ogle clarified the site will be allowed a total of 116 dogs, which are six months and older. Responding to Commissioner Vaad, Mr. Ogle stated the applicant has obtained the appropriate permits from the Colorado Department of Agriculture. He further stated the site was previously approved for two Use by Special Review Permits for a woodworking shop and nursery,and he requested the addition of a Condition of Approval requiring the Permits be vacated. In response to Commissioner Long, Mr. Ogle reiterated this Permit will allowa maximum of 116 adult dogs,which are six months and older,and there could be more if the puppies are counted. p a� 2005-3459 (; ' l� , / GO, bit PL1799 4.2 j5 vS HEARING CERTIFICATION - CARMAN AND BART BECK (USR #1524) PAGE 2 Char Davis, Department of Public Health and Environment, stated the applicant claims to have obtained a permit from the Colorado Department of Agriculture; however, a copy has not been provided. She further stated the existing septic system will require an engineer's evaluation to ensure there is adequate capacity for grooming activities, and an additional septic system will be required for the proposed residence. Donald Carroll, Department of Public Works, stated the site has one access from Weld County Road 34.75. He stated the site is bordered by Weld County Road 3 to the west, which has an average daily traffic count of 130 to 150 vehicles. Mr.Carroll noted Weld County Roads 3 and 34.75 are gravel roads. Carman Beck, applicant, stated she was willing to reduce the maximum number of dogs to 116 because she does not anticipate her two breeding dogs having more than 20 puppies per year. Ms. Beck stated she has been in the grooming business for 27 years, and she purchased the subject property because it is located in a rural area. She stated there is limited concern with disrupting the surrounding property owners since she constructed a privacy fence around the kennel area. She further stated she currently resides in the modular home;however,she plans to constructa custom home which will require a separate septic system. In response to Commissioner Geile, Ms. Beck stated the two other Use by Special Review Permits already existed when she purchased the property in 2001; however, she plans to submit a request for the vacation of those permits if this application is approved. Responding to Commissioner Vaad, Ms. Beck stated the kennel animals are brought in at night;however,she requested her four private Labrador dogs be allowed to remain outdoors at night. She stated, currently, all the dogs are brought in at 6:00 p.m.; however, she requested the outside hours be extended from 7:00 a.m. to 7:00 p.m., and she noted the closest residence is located one-half mile south of her property. In response to Chair Jerke, Ms. Beck stated she realizes the additional home is a good selling feature if a future buyer intends to pursue the kennel operation;however,there is also the option of splitting the residences Into two separate parcels under the Recorded Exemption process. Mr. Ogle confirmed the site is eligible for a Recorded Exemption. In response to Chair Jerke, Ms. Beck stated the property is 15 acres. Mr. Ogle stated if the property is split, it will require a written request for a partial vacation of this Use by Special Review Permit. Ms. Beck stated she has parked at the end of the neighbor's driveway to the south and called staff and asked them to rile the dogs up to get a perspective of what the neighbor hears. She stated it was difficult to hear the dogs; however,she plans to include hedges along the privacy fence to further buffer the noise. Dorcy Johnson, surrounding property owner, stated she was with the applicant when they visited the Russell property and listened for the dogs. Ms.Johnson stated the noise from the kennel was very minimal, and she noted there is another neighbor to the south who also has dogs that bark. She stated the kennel dogs are kept indoors at night, she appreciates the concern of the Board regarding puppy mills, and she supports the applicant. In response to Chair Jerke, Ms. Beck stated she has reviewed, and concurs, with the Conditions of Approval and Development Standards. She requested Development Standard#29 be modified to extend the hours of operation from 7:00 a.m.to 7:00 p.m. Mr.Ogle indicated no concern with the applicant's request,and proposed the addition of Condition of Approval#1.F to state,"The applicant shall provide a written request for the vacation of Use by Special Review Permits#1161 and#1273 prior to recording the plat." 2005-3459 PL 1799 HEARING CERTIFICATION - CARMAN AND BART BECK (USR#1524) PAGE 3 Commissioner Vaad moved to approve the request of Carman and Bail Beck for a Site Specific Development Plan and Use by Special Review Permit#1524 for a Kennel, a Doggy Day Care Service(116 dogs),and the Breeding of Labradors 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 modifying Development Standard#29 to change the hours of operation,adding Condition of Approval#1.F to state, "The applicant shall provide a written request for the vacation of Use by Special Review Permits#1161 and#1273 prior to recording the plat,"and relettering as appropriate. The motion was seconded by Commissioner Masden, and it carried unanimously. There being no further discussion, the hearing was completed at 11:00 a.m. This Certification was approved on the 23rd day of November 2005. APPROVED: IE La BOARD OF COUNTY COMMISSIONERS I Y WELD COUNTY, COLORADO ATTEST: iOnti# �( '` ��I � . William H. Jerke, Chair Weld County Clerk to th y , EXCUSED DATE OF APPROVAL 4 �Ili 11 M eile, Pro-Tem BY:I. 1,i nL1 a.V1? puty erktothe : ..rd G D id E. Long TAPE #2005-44 k ( Robe fr Mald/en/ DOCKET#2005-84 Glenn Vaad 2005-3459 PL 1799 EXHIBIT INVENTORY CONTROL SHEET Case USR#1524 - CARMAN AND BART BECK 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 09/20/2005) D. Clerk to the Board Notice of Hearing E. Planning Staff Certification and photo of sign posting F. G. H. J. K. L. M. N. O. P. Q. R. S. T. U. V. 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 PLEASE legibly write or print your name and complete address. NAME ADDRESS John Doe 123 Nowhere Street, City, State, Zip cn A u (J-321 6 Fl-t- 22 Sete-„ 44-X)-o D- . 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