HomeMy WebLinkAbout20001586.tiff HEARING CERTIFICATION
DOCKET NO. 2000-30
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1269
FOR A BOARDING KENNEL (35 DOGS MAXIMUM, AND 5 CATS MAXIMUM) IN THE
A (AGRICULTURAL) ZONE DISTRICT - RONALD AND CATHLEEN NATS
A public hearing was conducted on June 28, 2000, at 10:00 a.m., with the following present:
Commissioner Barbara J. Kirkmeyer, Chair
Commissioner M. J. Geile, Pro-Tem
Commissioner George E. Baxter
Commissioner Dale K. Hall
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Sheri Lockman
Health Department representative, Sheble McConnellogue
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated June 12, 2000, and duly published June 15, 2000,
in the South Weld Sun, a public hearing was conducted to consider the request of Ronald and
Cathleen Nats, do Todd Hodges Design, LLC, for a Site Specific Development Plan and Use by
Special Review Permit#1269 for a Boarding Kennel (35 dogs maximum, and 5 cats maximum) in
the A (Agricultural) Zone District. Lee Morrison, Assistant County Attorney, made this a matter of
record, and stated a sign was posted at the site on June 14, 2000, by the Department of Planning
Services staff. Sheri Lockman, 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. Ms. Lockman gave a brief description of the location of the site and surrounding
uses, stated nine referral agencies responded favorably or submitted conditions, one did not
respond, and no letters have been received from surrounding property owners. Ms. Lockman
referred to the Pet Animal Care Facilities Act License, marked Exhibit G, which satisfies Condition
of Approval #2.A; therefore, it can be deleted. Ms. Lockman further stated based on discussion
at recent land use hearings staff would support amending the condition to state, "The applicant
shall submit Site Plans to the Mountain View Fire Protection District for review." Ms. Lockman
stated the applicants have requested the existing condition be amended to indicate they shall
attempt to comply with the requirements of the Mountain View Fire Protection District, and added
staff would support either change. She further stated the applicant has determined that the ditch
referred to in Condition of Approval #2.E is located entirely on an adjacent property and the ditch
owner does not cross the applicants' property for access or maintenance, therefore, the condition
can be deleted. (Switched to tape #2000-19.)
In response to Commissioner Vaad, Ms. Lockman stated if additional buildings are added to the
site, this permit will need to be amended and additional water flow would be determined at that
time. She further stated the primary reason the applicant is requesting Condition of Approval#2.D
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be amended is concerning the second comment made by the Mountain View Fire Protection District
regarding access to the site. Responding to Commissioner Geile, Ms. Lockman stated there is
currently a home on the site and the existing outbuilding/garage is proposed to become part of the
kennel. She further stated the Department of Building Inspection included Condition of Approval
#2.F referencing a referral dated April 18, 2000, regarding engineered foundations, and this
requirement is placed on cases; however, the applicant will be able to submit written evidence from
the Department of Building Inspection stating this requirement is not necessary. Ms. Lockman
added inspections will only be required when building permits are required for a new structure or
a change of use.
Todd Hodges,Todd Hodges Design, LLC, represented the applicant and stated since the Planning
Commission hearing, the applicants have been working on meeting the Conditions of Approval.
Mr. Hodges stated Condition #2.A has been met and can be deleted, the applicants will submit
evidence once the existing well is approved for a commercial use, and they have met with the
adjacent property owner who has given verbal permission to begin the process for amending the
plat for the existing Recorded Exemption on the neighboring property. Mr. Hodges further stated
Mountain View Fire Protection District representatives have indicated water protection services will
not be required because no new structures are proposed. He explained the request for an
engineered design for access would be a large burden for the applicant and they are proposing a
20-foot all-purpose access which would meet the intent of the request. Mr. Hodges reiterated that
the ditch referenced in Condition #2.E is a private ditch, not affected by this proposal, and the
Condition should be deleted. He stated no building permits are needed at this point because no
new structures are proposed, the remaining Conditions will be completed following approval of this
application, and the proposal is consistent with the Weld County Zoning Ordinance. In response
to Commissioner Vaad, Mr. Hodges stated Little Thompson water service is located approximately
one mile north of the site; however, there is an existing well on the site. Commissioner Vaad
commented that future expansion is somewhat restricted due to lack of public water for fire
protection on the site. Responding to Commissioner Geile, Mr. Hodges stated the hours of
operation require the clients to pick up animals on Saturdays because the facility will be closed on
Sundays. He further stated the permit will allow 40 dogs and the kennel will consist of a series of
cage components to house each animal separately. He explained the garage will be converted into
an indoor kennel and the outdoor kennels will be fenced. Commissioner Geile stated it should be
clarified that these will be cages because there is a setback requirement between a residence and
kennels. In response to Commissioner Hall, Mr. Hodges stated the applicant has reviewed and
agrees with the Conditions of Approval and Development Standards as discussed. Mr. Morrison
clarified there is a 23-foot separation requirement of the Building Code between a residence and
any kennels as referenced by Commissioner Geile.
No public testimony was offered concerning this matter.
Commissioner Hall moved to approve the request of Ronald and Cathleen Nats, c/o Todd Hodges,
Todd Hodges Design, LLC, for a Site Specific Development Plan and Use by Special Review
Permit #1269 for a Boarding Kennel (35 dogs maximum, and 5 cats maximum) 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 with the deletion of Conditions#2.A and#2.E,amend Condition#2.D to state,"The applicant
shall attempt to comply with the requirements of the Mountain View Fire Protection District," and
renumber all subsequent paragraphs. The motion was seconded by Commissioner Vaad, and it
carried unanimously.
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HEARING CERTIFICATION - RONALD AND CATHLEEN NATS (USR #1269)
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This Certification was approved on the 5th day of July 2000.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
r WELD COUNTY, COLORADO
,
ATTEST: /MU ' \.
' �--A, Barbara d/Kirkmeyer, Chair
Weld County Clerk to the 6 k �n�,r'� +';- " , /
' // M. J G ile, Pro-Tern
BY: , 5,�%-` ) A/
Deputy Clerk to the Boartl�. �" `� ✓ � /fir. 'L
V rge�Baxter •
TAPE #2000-18 and #2000-19 Z( 1
Dale K. Hall
DOCKET#2000-30 ;`'�,.,,.„
Glenn Vaad
2000-1586
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EXHIBIT INVENTORY CONTROL SHEET
Case USR #1269 - RONALD AND CATHLEEN NATS
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 05/16/2000)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Certification of sign posted on site
(06/14/2000)
F. Longmont Soil Conservation District Referral response (05/18/2000)
G. Todd Hodges Design, LLC Letter re: Changes to Conditions of
Approval (06/28/2000); and Pet Animal
Care Facilities Act License
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