HomeMy WebLinkAbout20053156.tiff HEARING CERTIFICATION
DOCKET NO. 2005-80
RE: SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL REVIEW
PERMIT #631 FOR A KENNEL (250 DOGS) IN THE A (AGRICULTURAL) ZONE
DISTRICT - BRYON LEGG, CIO PHILIP BREEDLOVE
A public hearing was conducted on November 16,2005, 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 - EXCUSED
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Jacqueline Hatch
Health Department representative, Trevor Jiricek
Public Works representative, Donald Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated October 28, 2005, and duly published November 2,
2005, in the Fort Lupton Press, a public hearing was conducted to consider the request of Bryon
Legg, c/o Philip Breedlove, for a Site Specific Development Plan and Amended Use by Special
Review Permit#631 for a Kennel (250 dogs) in the A(Agricultural) Zone District. Lee Morrison,
Assistant County Attorney, made this a matter of record. Chair Jerke advised the applicant's
representative, Gaylyn Breedlove,that she has the option of continuing this matter to a date when
the full Board will be present. However, if she decides to proceed today, it will require three
affirmative votes,or in the case of a tie vote,Commissioner Vaad will listen to the record and make
the determining vote. Ms. Breedlove indicated she 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 site and surrounding uses, and stated the original
permit was approved on June 27, 1984. She stated Development Standard#10 states the permit
cannot be transferred,and a letter was sent to Bryon Legg since the site was not in compliance with
the original permit. She stated Mr. Legg submitted this application which allows for continuation of
the use which is transferrable. Ms. Hatch reviewed the surrounding land uses, and stated staff
received one letter from a surrounding property owner objecting to a kennel in close proximity to their
home. She stated eight referral agencies reviewed this proposal,three did not comment,and three
responded favorably or provided comments that have been addressed in the Conditions of Approval
and Development Standards. She further stated staff did not receive a response from the City of
Fort Lupton or the U.S. Department of Agriculture,Animal and Plant Health Inspection Service. In
response to Chair Jerke, Ms. Hatch explained the original Use by Special Review Permit#631 did
not allow for transfer of the permit;however,the proposed amendment can be transferred with the
2005-3156
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HEARING CERTIFICATION - BRYON LEGG, CIO PHILIP BREEDLOVE (AmUSR #631)
PAGE 2
property. Responding to Commissioner Masden,Ms. Hatch stated the lines on aerial photographs
are slightly distorted due to taking pictures at an angle from the air;however,the site was surveyed
and the road at the northeast corner of the site is on the adjacent property.
Char Davis, Department of Public Health and Environment, stated the water well is permitted
through the State, and there are septic systems for the kennel facility, mobile homes, and the
stick-built home. She stated she found the site to be acceptable during her inspection. Responding
to Chair Jerke, Ms. Davis stated there is a Waste Disposal Plan in place, and she requested
Development Standard#12 be modified to replace"Department of Agriculture(CDA), Division of
Animal Industry" with "Division of Racing."
Donald Carroll, Department of Public Works, stated he visited the site, which is located north of
Aristocrat Ranchettes. Mr.Carroll reviewed the traffic accident history for this area,and stated he
is requesting the existing access at the corner intersection of Weld County Roads 18 and 31 be
closed and relocated approximately 150 feet from the intersection.
Ms. Breedlove stated she and her husband were the applicants for the original permit,which was
transferred to her brother. She stated the original access has been closed with a berm, and
although they still live on the site,they did sell the property to her brother so he could get financing
and to build his home. In response to Commissioner Masden, Ms.Breedlove stated the track is for
training purposes only,and they do bring dogs from their other property,which was considered and
approved by the Board last week under Use by Special Review Permit#1516. She further stated
there is not much noise unless the dogs are outside, and she reiterated this is a family operation,
with an occasional visitor to come pick up dogs.
No public testimony was offered concerning this matter. In response to ChairJerke,Ms. Breedlove
stated she and the applicant have reviewed and concur with the Conditions of Approval and
Development Standards as proposed and modified. Ms. Davis requested Development
Standard#12 be modified to reference the Colorado Division of Racing, since the Department of
Agriculture is not involved with this operation.
Commissioner Masden moved to approve the request of Bryon Legg,c/o Philip Breedlove,fora Site
Specific Development Plan and Amended Use by Special Review Permit#631 for a Kennel (250
dogs)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 also included modifying Development Standard #12 to replace
"Department of Agriculture(CDA), Division of Animal Industry"with"Division of Racing." The motion
was seconded by Commissioner Long, and it carried unanimously. There being no further
discussion, the hearing was completed at 11:20 a.m.
2005-3156
PL0598
HEARING CERTIFICATION - BRYON LEGG, C/O PHILIP BREEDLOVE (AmUSR#631)
PAGE 3
This Certification was approved on the 16th day of November 2005.
♦ - APPROVED:
OARD OF COUNTY COMMISSIONERS
A LLD COUNTY, COLORADO
ATTEST: ,a. 'f . / V •I /' v LAS ;
`° *"1f/{� Iliam H.f rke, Chair
Weld County Clerk to the Boa
BY: �i d r I l 4 cc„,
Duty rk to the Board `�``�
Da ' E. Long �n�
TAPE#2005-43 UV /
Robert D. Masd�n
DOCKET#2005-80 EXCUSED
Glenn Vaad
2005-3156
PL0598
EXHIBIT INVENTORY CONTROL SHEET
Case AMUSR #631 - BRYON LEGG, C/O PHILIP BREEDLOVE
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 07/19/2005)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Memo indicating Conditions Prior to
Scheduling have been met, dated
09/21/2005)
F. Planning Staff Certification and Photo of sign posting
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 16TH DAY OF NOVEMBER, 2005:
DOCKET#2005-82 - LARRY AND MARGARET DEHAAN
DOCKET#2005-80 - BRYON LEGG, CIO PHILIP BREEDLOVE
DOCKET#2005-78 - ED ORR
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