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Home My WebLink About20053053.tiff HEARING CERTIFICATION DOCKET NO. 2005-77 RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1516 FOR A KENNEL(200 DOGS)IN THE A(AGRICULTURAL)ZONE DISTRICT-HERBERT AND KAREN LEGG A public hearing was conducted on November 9, 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, Char Davis Public Works representative, Donald Carroll The following business was transacted: I hereby certify that pursuant to a notice dated October 21, 2005, and duly published October 26, 2005,in the Fort Lupton Press,a public hearing was conducted to consider the request of Herbert and Karen Legg fora Site Specific Development Plan and Use by Special Review Permit#1516 for a Kennel(200 dogs)in theA(Agricultural)Zone District. Lee Morrison,Assistant County Attorney, made this a matter of record. Chair Jerke advised Herbert Legg, 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 Vaad will listen to the record and make the determining vote. Mr. Legg 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 site and surrounding land uses, and stated staff has received one letter of support from a surrounding property owner. She explained the boundary for Special Use Permit#103(SUP-103)overlaps five different properties,therefore,staff is working with the various property owners to establish Use by Special Review permits for each of the individual uses. She stated all five properties have existing,separately run,kennels. Ms. Hatch stated eight referral agencies reviewed this proposal, three had no comment, three responded favorably or provided comments that have been addressed in the Conditions of Approval and Development Standards, and staff did not receive comments from the City of Fort Lupton or the United States Department of Agriculture,Veterinary Services. Responding to Commissioner Geile, Ms. Hatch stated there is a Condition of Approval that requires the applicant to permit the RV's or have them removed. She stated improvements on the property include the kennel,a stick built home, mobile home,and RV's,all of which have residents. Responding to Chair Jerke,Ms.Hatch stated the site is 34.9 acres. In response to Commissioner Masden,Ms.Hatch stated SUP-103 allowed 250 dogs; 2005-3053 PL1796 co PL m Pk? f1-L_C � r 17 oS HEARING CERTIFICATION - HERBERT AND KAREN LEGG (USR#1516) PAGE 2 however,each of the five lots has at least 100 dogs,which clearly exceeds the maximum amount. She reiterated staff is in the process of working with the property owners to get individual permits. Responding to Commissioner Geile,Ms.Hatch stated the subject property is allowed eight(8)dogs as a Use by Right. Char Davis, Department of Public Health and Environment, stated the site is serviced by a commercial well, and the kennel facility has a septic system that is not permitted; however, the applicant is working to correct that. She stated the kennel septic system will handle waste water from watering bowls,grooming, etcetera. She further stated there is a separate septic system for the mobile home. Ms. Davis stated she inspected the site last week and found the greyhounds to be in good health. Donald Carroll, Department of Public Works, stated the site is accessed from Weld County Road 18,which is a paved collector status road. He stated the application is not proposing any new construction, and immediate family members work at the facility, which has existed since the 1970's. Responding to ChairJerke, Mr.Carroll stated there is adequate ingress,egress,and sight distance at the access. Herbert Legg, applicant, stated they raise and train greyhounds on the site, and he clarified the puppies are bred in Iowa and he receives them when they are six months old. He stated the formal races are held at the Mile High Race Track,the dogs are released outside five times a day,and they have received no noise complaints. Responding to Commissioner Geile,Mr.Legg stated the mobile home has been permitted,one camper has been removed,and the other has been permitted. Ms. Hatch stated there are two mobile home permits that need to be rejustified,and the remaining RV needs to be removed or permitted. In response to ChairJerke,Mr. Legg stated there are seven full- time employees,including himself,and four ofthe employees live on the site,including his sons who live in the stick-built house and mobile home. Mr. Legg stated he lives offsite,and the remaining RV is only occupied in the summer months. Ms. Hatch stated the two previously permitted mobile homes have adequate septic service; however, the applicant does need to rejustify the permits. No public testimony was offered concerning this matter. In response to ChairJerke,Mr.Legg stated he has reviewed and concurs with the Conditions of Approval and Development Standards as proposed. Commissioner Masden moved to approve the request of Herbert and Karen Legg for a Site Specific Development Plan and Use by Special Review Permit #1516 for a Kennel (200 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. The motion was seconded by Commissioner Geile, and it carried unanimously. There being no further discussion, the hearing was completed at 10:30 a.m. 2005-3053 PL1796 HEARING CERTIFICATION - HERBERT AND KAREN LEGG (USR#1516) PAGE 3 This Certification was approved on the 9th day of November 2005. _ APPROVED: EL a BOARD OF COUNTY COMMISSIONERS ELD COUNTY, COLORADO ATTEST: ✓ LAve �.� "1r illiam H. J- + e, Chair Weld County Clerk to the : : -'1/4:frA M. eile Pro- e BY: 1 G � D d uty Cle to the Boar: D 'd E. Long TAPE #2005-42 Robert D. Masden DOCKET#2005-77 EXCUSED Glenn Vaad 2005-3053 PL1796 EXHIBIT INVENTORY CONTROL SHEET Case USR#1516 - HERBERT AND KAREN LEGG 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 re: Prior to Scheduling Items, dated 09/21/2005 F. Planning Staff Certification and Photo of sign posting G. H. J. K. L. M. N. O. P. Q. R. S. 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