HomeMy WebLinkAbout20002564.tiff HEARING CERTIFICATION
DOCKET NO. 2000-55
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1284
FOR A KENNEL IN THE A(AGRICULTURAL) ZONE DISTRICT- LAURIE BUFFINGTON
A public hearing was conducted on October 18, 2000, at 10:00 a.m., with the following present
Commissioner Barbara J. Kirkmeyer, Chair
Commissioner M. J. Geile, Pro-Tern
Commissioner George E. Baxter- EXCUSED
Commissioner Dale K. Hall
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Robert Anderson
Health Department representative, Sheble McConnellogue
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated October 2, 2000, and duly published Octobe 5,
2000, in the South Weld Sun, a public hearing was conducted to consider the request of Laune
Buffington for a Site Specific Development Plan and Use by Special Review Permit #1284 for a
Kennel in the A (Agricultural) Zone District. Lee Morrison, Assistant County Attorney, made this
a matter of record. Robert Anderson, 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. Mr. Anderson gave a brief description of the location of the site, which is 3 3
acres. He stated the site does have existing improvements and landscaping, there are no zoning
violations, and he gave a brief description of the existing and proposed surrounding land uses. Mr.
Anderson stated five referral agencies responded with proposed conditions of approval,five others
indicated no conflict, and letters have been submitted by surrounding property owners. He
submitted a letter from the Berthoud Fire Protection District, marked Exhibit F, and stated staff
recommends approval of this application for reasons as indicated in the Administrative
Recommendation. In response to Commissioner Geile, Mr.Anderson stated Condition of Approval
#2.B should remain unchanged because the Fire Protection District only eliminated the requirement
for a fire hydrant. He further stated evidence of a tap from the Little Thompson Water Distr ct has
been provided and Condition of Approval #2.A can be deleted. Responding further to
Commissioner Geile, Sheble McConnellogue, Weld County Department of Public Health and
Environment, stated Development Standard #8 requires an individual sewage disposal system,
which is a standard system for the proposed use. She explained the applicant proposes the waste
will be removed by a commercial trash company,and the septic system will service the office within
the pole barn.
Laurie Buffington, applicant, inquired why this case has been classified as a kennel because she
only trains dogs. Mr. Anderson explained there is no classification for boarding and training,
therefore, the case was classified as a kennel because she will be housing animals as well as
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HEARING CERTIFICATION - LAURIE BUFFINGTON (USR #1284)
PAGE 2
conducting training classes. Mr. Morrison stated the site is considered a kennel if housing more
than four dogs; however, Development Standard #1 does clarify the actual use. Ms. Buffington
stated the neighbors are upset with the idea of a kennel in the neighborhood, but she clarified the
dogs are trained to be companions to the physically disabled. In response to Commissioner Geile,
Ms. Buffington stated she can only house ten dogs, but she may temporarily have more dogs on
the site while she is conducting classes.
Andrew Yeager,surrounding property owner,expressed concern with the effects the proposed use
will have on the neighborhood and his property. Mr Yeager indicated he is not concerned with
conducting training sessions; however, he is not in favor of the boarding operation. He also
expressed concern with the large barn applicant has constructed which is constantly lighted,
disturbing his property at night. Mr. Yeager suggested the hours of operation be limited to Monday
through Friday, from 6:00 a.m., to 6:00 p.m. He questioned his rights for filing complaints
regarding poor road conditions, traffic hazards, and barking dogs. There being no `urt ier
comments, Chair Kirkmeyer closed public testimony.
Ms. Buffington explained recently there was a burglary in the neighborhood,and the Sheriff's Of'ice
recommended she keep the yard lights on at all times for security purposes. Ms. Buffington stated
the dogs are well trained, they are not left outdoors unattended, and the barn was constructed
larger than usual to provide access to disabled individuals. Ms. Buffington also stated Sha on
Rowe, a surrounding property owner, is opposed to this application and has spread untrue
concerns throughout the neighborhood. As for unruly dogs, Ms. Buffington stated there are s'x
dogs across the street from her home that run loose and have killed livestock within the comriur ity.
In response to Commissioners Hall and Vaad, Ms. Buffington indicated the locations of the lights
on the barn, and stated she would be happy to adjust the lights as necessary to accommodate the
neighbors. In response to Chair Kirkmeyer, Ms. Buffington stated she has reviewed and agrees
with the Conditions of Approval and Development Standards.
Commissioner Vaad moved to approve the request of Laurie Buffington for a Site Specific
Development Plan and Use by Special Review Permit#1284 for a Kennel 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 Hall. Commissioner Geile stated Condition of Approval
#2.A has been addressed and should be deleted. Commissioners Vaad and Hall agreed to amend
the motion as indicated by Commissioner Geile. Commissioner Geile stated he suppo-ts the
motion because the applicant is wiling to cooperate with the neighbors, she will provide a sell,ice
to the disabled, and there will be no more than ten dogs housed on the site. Comrnissioine-Vaad
stated he and Frank Hempen, Jr., Director of Public Works, met with the neighborhood
approximately one year ago, and Weld County Road 40.5 at Weld County Road 5 is scheduled for
improvements to address the concerns regarding traffic and speed. In response to Mr. Morrison,
Mr. Anderson stated the application was received on July 26, 2000. Mr. Morrison suggested the
Board include in its findings that Amendment 24 will not affect this case because there was
complete application filed prior to the date of certification of the ballot by the Secretary of State.
Commissioners Vaad and Hall again agreed to amend the motion as indicated by Mr. Morrison.
Commissioner Vaad clarified the purpose of the addition regarding Amendment#24 for the public.
The motion carried unanimously.
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HEARING CERTIFICATION - LAURIE BUFFINGTON (USR #1284)
PAGE 3
This Certification was approved on the 23rd day of October 2000.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
ALI/ ,�/ WELD COUNTY, COLORADO
ATTEST: /. :.,, `%' - l rGiGIiit- 1, V. ---
arbara J. ' meyer,`Chair
Weld County Clerk to thi'oIstA . 0:4ti� \ry�O) — M. J eile, Pro-Tem —BY:
Deputy Clerk to the 6:p "A ' EXCUSED
(Li Gorge E. Baxter
TAPE #2000-30
Dale K. Hall
DOCKET #200O-55 :Muir //zid�y
Glern Vaad
2000-2564
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EXHIBIT INVENTORY CONTROL SHEET
Case USR#1284 - LAURIE BUFFINGTON
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Item Submitted --__
B. Planning Commission Resolution of Recommendation ----
C. Planning Commission Summary of Hearing (Minutes 09/19/2'00')
D. Clerk to the Board Notice of Hearing
E. Planning Staff Photo of sign posted on site 00/04,2000,
F. Berthoud Fire Protection District Letter re: Fire Protection criteria --__
G. -----
H. ----
J. -----
K. ----
L.
M. ----
N. ---
G. ---
P. ----
O. ----
R. ----
S.T. -----
U. -----
V. -----
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 18TH DAY OF OCTOBER, 2000:
DOCKET#2000-55 - LAURIE BUFFINGTON
DOCKET#2000-53- CULLISON FAMILY FARMS, LLC/GEORGE A. NELSON FAMILY FARMS,
C/O EVERITT COMPANIES
PLEASE legibly write or print your name and complete address and the DOCKET #
(as listed above) or the name of the applicant of the hearing you are attending.
NAME AND ADDRESS(Please include City and Zip Code)DOCKET#OF HEARING ATTENDING
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