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Home My WebLink About20040890.tiff HEARING CERTIFICATION DOCKET NO. 2004-21.a RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1451 FOR A KENNEL (NOT TO EXCEED 10 ADULT DOGS (6 MONTHS AND OLDER)) IN THE A(AGRICULTURAL) ZONE DISTRICT - RALPH AND BARBARA MAY A public hearing was conducted on April 5, 2004, at 10:00 a.m., with the following present: Commissioner Robert D. Masden, Chair Commissioner William H. Jerke, Pro-Tem Commissioner M. J. Geile Commissioner David E. Long 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, Donald Carroll The following business was transacted: I hereby certify that pursuant to a notice dated February 27,2004,and duly published March 4,2004, in the South Weld Sun,a public hearing was conducted on March 17,2004,to consider the request of Ralph and Barbara May for a Site Specific Development Plan and Use by Special Review Permit#1451 for a Kennel(not to exceed 10 adult dogs(6 months and older))in the A(Agricultural) Zone District. At the request of the applicants the Board deemed it advisable to continue the hearing to Monday,April 5,2004,to allow the applicants the opportunity to have their application considered by a full quorum of the Board. On April 5,2004,Lee Morrison,Assistant CountyAttorney,made this a matter of record. Chris Gathman, 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 this application will address an existing zoning violation,and he gave a brief description of the location of the site. He stated 15 referral agencies reviewed this proposal, 10 responded with comments that have been addressed through the Conditions of Approval and Development Standards,the City of Brighton and Town of Lochbuie indicated no concerns,and staff received one letter of concern from Marge and William Post regarding debris, noise, the overall number of animals,etcetera. Mr.Gathman stated the site contains a stick built home and a mobile home which are currently being lived in, and there is an additional mobile home which was previously permitted for storage, and the applicant is now proposing to permit the second mobile for an employee. He explained the applicants'daughter runs the kennel,which will be limited to ten adult dogs; puppies six months or younger are not counted. He stated the size will be limited to 20 pounds or less to address the size of the kennel enclosure,the facility must not exceed 55 decibels, the dogs must be kept indoors from sunset to sunrise, and the facility must be screened. He displayed photographs of the site and stated the other animals on the site are within the allowed amounts. Responding to CommissionerJerke,Mr.Gathman stated the applicant has indicated they would like to have a sign, which will not be larger than 16 square feet, as allowed in the A(Agricultural)Zone District. He further stated the two parking spaces would be for kennel visitors 2004-0890 PL1704 HEARING CERTIFICATION - RALPH AND BARBARA MAY (USR #1451) PAGE 2 who come to the site on an appointment basis. In response to Chair Masden, Mr.Gathman stated the current zoning violation has been ongoing since September 10, 2002, and it was initiated because the number of dogs on the property exceeded the amount allowed as a Use by Right. He stated the applicant has approximately 10 adult dogs on the property,screening and buffering will be required to mitigate impacts to adjacent properties. He further stated the outdoor dog kennels are connected to a shed structure for keeping them indoors during the day, the Conditions of Approval require the applicant to apply for a Building Permit for the mobile home, and no other structures are planned for the kennel operations. Char Davis, Department of Public Health and Environment, stated although the septic system is permitted,it does need to be reviewed by an engineer to address any additional impacts caused by visitors to the kennel. In response to Chair Masden, Ms. Davis stated waste from the dogs will be removed with regular trash removal. Donald Carroll, Department of Public Works, stated Weld County Road 39 is a local gravel road, with an average daily count of 155 vehicles. He stated the access is between the two residences, and there is parking available for visitors who come to see the dogs. Rebecca Haynes represented the applicants and stated she breeds and sells pure breed Pug and Dachshund puppies,which allows her to stay home and care for her family and generate additional income. She stated one of the mobile homes is permitted fora medical hardship,visitors view and purchase the dogs by appointment only,she advertises in the newspaper,and she does not allow the dogs to have more than one litter per year. Ms. Haynes stated she would like to post a sign on the fence,she has been closing the dogs in at night as requested by the Planning Commission,and she explained the dog kennel design. Responding to Commissioner Geile,Ms.Haynes stated one of the unlicenced vehicles that is used solely on the property needs to be moved to the back and it will be enclosed. She explained she has reduced the number of dogs since the first of the year,and she currently has two male and three female dogs. She stated under this permit she would not be allowed to exceed 10 adult dogs,and she reiterated the dogs are only allowed to have one litter per year. She stated the site is ten acres,she helps with chores,and she reviewed the amount of pigs, goats, cows, emus, ducks, geese, rabbits, and peacocks that are also kept on the property. In response to CommissionerJerke,Ms.Haynes stated they have a domestic well for household use and a commercial well for the kennel and outdoor animals. She stated the mobile home and stick built house are both connected to the residential well,and although they do not have irrigation water, the wells can be used for irrigation. Responding to Chair Masden, Ms. Haynes stated she located the kennel as far away from the Post residence as possible to mitigate conflicts. She stated the fencing will have slats to screen the view and discourage the dogs from barking,and she got rid of dogs that were more prone to barking. She further stated she is willing to move the kennel to another location on the property, if necessary. William Post, surrounding property owner to the north, stated he called the applicant and they did not make any attempt to correct the problems. He contacted the zoning department at which time he was informed that the applicant is only allowed four dogs as a Use by Right. Mr. Post stated the applicants have moved three derelict vehicles behind an old rusty fence,and he complained that the dogs bark during the day and he can often hear the dogs from within his house. He stated the applicant should be required to have a license under the Pet Animal Care Facilities Act from the Colorado Department of Agriculture, Division of Animal Industry, and he reviewed the license 2004-0890 PL1704 HEARING CERTIFICATION - RALPH AND BARBARA MAY (USR #1451) PAGE 3 requirements for the record. He stated the site has not changed or improved much during the past three years, a fence has been installed but it is poor quality and unpleasant to look at, and it does not appear the applicant has adequate resources to operate a business. Marge Post,surrounding property owner to the north,stated a few dogs can result in many puppies, and she reviewed a log detailing the incidents when the dogs were barking and she did not see anyone come to try and quiet them. She questioned how the number of liters will be regulated,and expressed concern with the number of other animals corralled in a small area. She stated there are eight cars on the site each day, so visitor parking is a minor consideration. Ms. Post expressed concern with the quality of the proposed sign and reiterated that barking is a real problem. She stated this is not a formal kennel; it is a pen attached to a shed, and she questioned what will happen if the dogs are not sold within six months. Responding to Commissioner Jerke, Ms. Post stated they purchased their property in 1980. In response to Chair Masden,she stated the applicant has been doing better at keeping the dogs contained; however, the dogs used to chase her. Ralph May, applicant, stated the cattle corrals are larger then implied by the neighbors, the dogs have not chased people, and they will relocate the kennel if required. He stated they are trying to clean up the property and screen it with a privacy fence. Responding to Commissioner Geile, Mr. May stated he purchased the property in 1976. Mr. Post stated the Planning Commission indicated the applicant would be required to construct a six-foot wooden privacy fence,not a chain link with slats. Mr. Gathman stated language requiring a wooden privacy fence can be added to Condition#1.J. Mr. Post also requested the applicant be required to obtain a kennel license through the State. David Haynes,applicant,stated the derelict vehicles are stored behind an enclosed fence;however, he is a retired mechanic and he does repair work on cars in the driveway to assist others. He stated he does the repair work in his spare time and he is sometimes delayed waiting for parts. In response to Commissioner Geile, Mr. Haynes stated this is not a business,he does not charge for the repairs, and he does the work in his driveway. In response to Chair Masden, Mr.Gathman stated Zoning Permit fora Mobile Home,ZPMH#1484, was originally permitted for storage,which is no longer allowed under the Weld County Code.The applicant will need to provide evidence which can substantiate it as a non-conforming use since 1988,or it will have to be removed. Responding to Commissioner Jerke, Mr. Gathman stated the field check pictures were taken on November 7, 2003. Ms. Haynes stated they have received harassing calls from the Posts on various occasions. She stated the dogs are enclosed at 5:30 before it is dark, although there may have been some occasions when the dogs barked and they were not home to quiet them. She stated the Posts chose to walk their horses along the property line driveway,which causes the dogs to bark,and she requested the neighbors exercise the horses in their large horse arena. Ms.Haynes stated they did put up a fence,and they are trying to do improvements to the site as their time and finances allow. She stated there are other dogs in the neighborhood that bark and she cannot control other neighbors' dogs. She further stated she is doing her best to try and work with the Posts. In response to Chair Masden, Mr. Gathman stated CA#1.E does require the applicant to provide evidence of whether a license is required through the State. Ms. Haynes stated she will construct 2004-0890 PL1704 HEARING CERTIFICATION - RALPH AND BARBARA MAY (USR #1451) PAGE 4 a wooden privacy fence, if required. Mr. Gathman proposed Condition#1.J be modified to add, "Screening shall consist of a six-foot opaque wooden fence." He stated unlicenced vehicles and debris need to be screened or removed,the extent of fencing will be determined by what exists on the property. Responding to Commissioner Geile, Ms. Haynes reiterated she is agreeable to erecting a wooden fence. In response to Commissioner Vaad,Mr.Gathman stated a Development Standard can be added to state any signs will have to meet the agricultural signage standards. Ms. Haynes stated she would like to hang a sign on the front fence, as well as one on the back fence with emergency information and contact numbers on it to satisfy the requirements of the Fire Department. Mr. Gathman proposed Development Standard#33 be added to state, "The facility shall have one identification sign not to exceed 16 square feet in area. It shall meet all requirements of Section 23-4-90 of the Weld County Code." Commissioner Vaad indicated he would prefer a deadline be added to Development Standard#24 to have the landscaping and screening in place as determined by staff. Ms. Haynes stated they will have it done within six months from today. Mr. Gathman proposed the following be added to the end of Development Standard#24,"The screening shall be installed by October 5,2004,in compliance with the Landscaping and Screening Plan." In response to Chair Masden, Ms. Haynes stated she has reviewed and agrees with the Conditions of Approval and Development Standards as proposed and modified. Commissioner Jerke commented based on the photographs of the site he does not feel this permit will resolve the outstanding issues. He stated the violations should have been addressed prior to this hearing. Commissioner Vaad commented there are a lot of neighborhood issues; however, the staff approved Landscaping Plan should mitigate many of the conflicts,and the work must be completed within six months. He stated based on economics there is a difference in perspective as to what mitigation efforts should be done;however,the applicants have done some work,even if it wasn't to the neighbors' satisfaction. He stated hopefully the new screening will prevent the dogs from barking. Commissioner Long stated the proposed regulations will provide the County with some oversight to the problems that have occurred, and provide a mechanism for enforcement if necessary. Commissioner Geile commented the Conditions of Approval and Development Standards will address the issues and they can be mitigated further before the Board at future hearings, if necessary. He stated the applicant will be required to work with staff to improve the aesthetic features of the property. He stated there are a lot of animals on the property;however,the amounts are in compliance with County regulations. He further stated this permit will not allow more than 10 adult dogs, and the applicant must adhere to the Conditions of Approval and Development Standards which are designed to represent the interests of all the residents in the area. Chair Masden commented he does have some reservations with the proposal; however, the applicant has expressed a willingness to construct a six-foot opaque fence and relocate the dogs to another area away from the north side of the property line. He stated the Conditions of Approval and Development Standards will improve the existing situation and provide a means of mitigation or recourse for dealing with any future problems. 2004-0890 PL1704 HEARING CERTIFICATION - RALPH AND BARBARA MAY (USR#1451) PAGE 5 Commissioner Vaad moved to approve the request of Ralph and Barbara May for a Site Specific Development Plan and Use by Special Review Permit#1451 for a Kennel (not to exceed 10 adult dogs(6 months and older))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 amending Condition #1.J and Development Standard#24,and adding Development Standard#33 as discussed. The motion was seconded by Commissioner Long. Commissioner Vaad commented he has considered the neighbors'concerns,and the Conditions of Approval and Development Standards were modified in an effort to mitigate those concerns. He expressed concern with the allegations of harassment and stated if there is a loss due to harassment,the Board will work diligently to ensure compliance and enjoyment of private property rights. Upon a call for the vote,the motion carried four to one,with Commissioner Jerke opposed. There being no further discussion, the hearing was completed at 11:20 a.m. This Certification was approved on the 7th day of April, 2004. APPROVED: BOARD OF COUNTY COMMISSIONERS �/�/� W LD COUN Y, COLORADO j2n4i �l/vi• ATTEST: /'4 E L≥ V C ' Robert D. Masden, Chair Weld County Clerk to theffoa v "ti" A�V� ) ' _ illia �i�'t� / sue,"(I` ��' ' �►� H. Ju P Pro-Tem BY: Deputy Clerk to the Bo M. J. ileC j TAPE #2004-15 David . Long DOCKET#2004-21 44 Glenn Vaad 2004-0890 PL1704 EXHIBIT INVENTORY CONTROL SHEET Case USR#1451 - RALPH AND BARBARA MAY 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 12/16/2003) D. Clerk to the Board Notice of Hearing E. Planning Staff Memorandum confirming items prior to scheduling are complete (02/09/2004) F. Marge and William Post Letter of Opposition (12/16/2003) G. Post Training Stable Date Log of Complaints (12/11/203) H. Planning Staff Certification and Photo of sign posting J. K. L. M. N. O. P. Q. R. S. T. U. V. ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 5TH DAY OF APRIL, 2004: DOCKET#2004-21 - RALPH AND BARBARA MAY PLEASE legibly write or print your name and complete address. NAME ADDRESS John Doe 123 Nowhere Street, City, State, Zip 9 Id ftb 3 °1 f O0 go 6O3 ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 17TH DAY OF MARCH, 2004: DOCKET#2004-21 - RALPH AND BARBARA MAY DOCKET#2004-22 - REGENT BROADCASTING OF FORT COLLINS, INC. PLEASE legibly write or print your name and complete address. NAME ADDRESS John Doe 123 Nowhere Street, City, State, Zip Es.-ite R. -3-one5 111'1 Go.rcS.ncc' RA Cha-cica,A.cr at.3 Li-r0t© MARK Gaueslc,N 633" 17 44 Sr,' # aco -btuve? Co . Se m: )51't CA 14c, ('S 2 53/ 60e I'13Q %e k4t n Co) gntn Q3 i `eebe�caA , i oc nes _ 31 IYYR e t won ('o ?\,06203 to, 1-e r N� 2��g �� d 6ktgpfi i Co . 5.06-° 3 Hello