The URL can be used to link to this page

Browse Search

Home My WebLink About20001232.tiff HEARING CERTIFICATION DOCKET NO. 2000-23 RE.: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1261 FOR A KENNEL IN THE A(AGRICULTURAL) ZONE DISTRICT - MIKE AND HEATHER HATHAWAY A public hearing was conducted on May 31, 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, Julie Chester Health Department representative, Sheble McConnellogue Public Works representative, Don Carroll The following business was transacted: I hereby certify that pursuant to a notice dated May 1, 2000, and duly published May 4, 2O00, in the South Weld Sun, a public hearing was conducted on May 17, 2000,to consider the request of Mike and Heather Hathaway for a Site Specific Development Plan and Use by Special Review Permit #1261 for a Kennel in the A (Agricultural) Zone District. At said hearing on May 17, 2000, the Board deemed it advisable to continue said matter to May 31, 2000, at 10:00 a.m., to allow the applicant adequate time to address the adequacy of water. Lee Morrison, Assistant County Attorney, made this a matter of record. Julie Chester, 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. Chair Kirkmeyer clarified there is not a conflict of interest because her daughter does not work for Mountain View Water District. Ms. Chester reiterated the only outstanding issue which needs to be discussed is the adequacy of water. Heather Hathaway, applicant, stated in response to comments from the previous hearing, Ms. Hathaway submitted a Water Usage Comparison indicating differences between a dairy and a kennel, marked Exhibit U. Ms. Hathaway stated the Mountain View Water User's Association will consider amending the current tap with a water use limit at its next hearing on June 7, 2000, so she does not yet have a response for the Commissioners as to whether the oa Association will provide additional water. She further stated on May 25, 2000,she met with Joleen Locklin from the Division of Water Resources who provided her with a Commercial Well Permit Application which would allow up to 3-acres of water per year. She further stated on Monday, May 22, 2000, she spoke with Connie O'Neill,Weld County Department of Public Health and Environment,who sent her a cistern permit application which requires documentation proving there is no other alternative for water. Ms. Hathaway requested Development Standard #8 be changed to read that water be provided by either Mountain View Water User's Association, a commercial well, or a cistern, which allow them to move forward with the permit. Commissioner Hall expressed concern with a cistern being used 2000-1232 e zS`-) f'/(' PL1411 HEARING CERTIFICATION - MIKE AND HEATHER HATHAWAY (USR #1261) PAGE 2 for a commercial use; however, he feels the other two options would be acceptable. In response to Commissioner Baxter, Ms. Hathaway stated the site is located within the Denver Water Basin and augmentation for a commercial well will not be required. No public testimony was offered concerning this matter. In response to Commissioner Vaad, Ms. Hathaway indicated there is an existing tap for the residence and she has been informed that a cistern will only be allowed if an alternate source of water is not available. She further stated if a cistern were used, it would only be used for the restroom facilities, sanitation of the kennels, and water consumption of the animals. Responding to further questions from Commissioner Vaad, Sheble McConnellogue, Weld County Department of Public Health and Environment, stated the existing tap is for residential use only and if the water is not available for the commercial use, then the applicant can apply for a well or cistern. She explained cisterns have been used as a last resort in a limited number of Use by Special Review permits. Ms. Hathaway stated she spoke with Ms. O'neill today who stated the existing tap would not conflict the application process for a cistern. In response to Commissioner Baxter, Ms. Hathaway stated they are requesting the Water Association amend the existing tap to allow for the commercial use as well. In response to Commissioner Geile, Ms. Hathaway indicated there is a septic system for the residence, and there will be a separate septic system for the kennel and oul.buildings. Responding to Chair Kirkmeyer, Ms. Hathaway stated the site is a little more than five acres in size,the existing system is located between Weld County Road 6 and the house, there was a previous leach field which is no longer used, and a new system was installed in September 1998. In response to Chair Kirkmeyer, Ms. McConnellogue stated it is difficult to determine the required size of the leach field because she has not had an opportunity to review the perk rate information; however, there are setback requirements that must be met. She explained the old leach field is not used and is not relevant to the approval of the required system. Ms. Hathaway requested the Board keep in mind that it is very unlikely that the site will operate at capacity. In response to Chair Kirkmeyer, Ms. McConnellogue stated the maps indicate there is approximately 2.5 acres remaining which may be adequate to place primary and secondary leach fields and a well. Upon reviewing the perk rates for the site provided by the applicant, Ms. McConnellogue stated based on the perk rates for the existing septic system, it appears the proposed system would need to be medium sized; however, she would need to review the perk rates for the specific site of the proposed system. In response to Commissioner Baxter, Ms. McConnellogue stated the site has suitable soil and will not require an engineered system. In response to Chair Kirkrneyer, Ms. Hathaway stated she has reviewed and agrees with the Conditions of Approval and Development Standards. Commissioner Hall moved to approve the request of Mike and Heather Hathaway for a Site Specific Development Plan and Use by Special Review Permit #1261 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,and amend Development Standard #8 to state, "The facility shall utilize the existing water supply (Mountain View Water User's Association)or a commercial well as permitted by the State." The motion was seconded by Commissioner Vaad, and it carried four to one with Chair Kirkmeyer opposed. 2000-1232 PL1411 HEARING CERTIFICATION - MIKE AND HEATHER HATHAWAY (USR#1261) PAGE 3 This Certification was approved on the 5th day of June 2000. APPROVED: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ALI/ � �„��,j - v` 5'aS %/Barbara irkmeyer, Chair Weld County Clerk to the/:oar.! �xa�✓` J IBM J. ile, Pro-Tem Deputy Clerk to the BF. ��ftp r, `tea - �4l }1 George . Baxter, TAPE #2000-17 a e K. Hall DOCKET#2000-23 Glenn Vaad - 2000-1232 PL1411 EXHIBIT INVENTORY CONTROL SHEET Case USR#1261 - MIKE AND HEATHER HATHAWAY 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 04/04/2000L D. Clerk to the Board Notice of Hearing E. Hazel Frank Letter of Opposition (05/12/2000) F. Arlyne Glardon Letter of Opposition (05/15/2000) G. Patricia Sandt Letter of Opposition (05/15/2000) H. Molly Wright Letter of Opposition (05/15/2000) Larry Johnson Letter of Opposition (05/16/2000) J. Tim Totems Letter of Opposition (05/17/2000) K. John and Joyce Keeling Letter of Opposition (05/16/2000) —_ L. Lois Schreiner Letter of Opposition (05/16/2000) M. Nancy Fichter Letter of Opposition (05/17/2000) N Kelly Auker Letter of Opposition (05/16/2000) O. Planning Staff Photo of sign posted on site (05/05/2000) P. Applicant - Letter of Support from Shari Petersoi (05/16/2000) - Letter of Support from David Sievers (04/20/2000) - Letter to Mountain View Water Users from Heather Hathaway (06/30/1999) - Letter of Support from Randy Palser (05/16/2000) Q. Applicant Summary of contacts R. Larry Frank Letter of Opposition from Ma K. Lor (05/17/2000) S. Larry Frank By-Laws of Mountain View Water Users Association T. Randy Palser Letter of Support (05/16/2000) U. Applicant Water Usage Comparison V. VV. X. Y. 2:. AA. BES. CC. DD. EE:. FF. GG. -- HH. JJ -- KK. LL. MM. -- NN. —_ OO. PP. OO. -- RR. ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 31ST DAY OF MAY, 2000: DOCKET#2000-23 - MIKE AND HEATHER HATHAWAY DOCKET#2000-27 - TRACY AND MIKELE WRIGHT DOCKET#2000-26 - ROBERT PARSONS (SKYLARK RANCH) 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 12-- gSrteCT-10dk\ /S' Z 56 Ill' / c. t le CIO *aa -- Z7 r !kN H / 44siA//U I9Y6 t t, 4,57:69-p r7C_E L/6 n:& ---..R ^) act-ther �c (Doty Ito23 wig C or shfor�� 0O CI7,z o(1_ ,,,23 /21 41, IA,ika cam,elf 7/G,?3 a_ye.ie 4v4 j rv3lcfm� l o, . 1t G O I .t7 c c,c=a,3 fbdAbE On eczcl CW S I 4 5 / 11 fra-v, c i- 6 (' r P `hc;s, s_ . Gc"c: t;27 AtomEc-LS. At:eiAA. ,,Y5 / T 1 r''ELL..5 jilt Co &i/E. Aka:4 r :7 ILeC\>, (t \:%, �cs>..c:4 )Se > >n)ai v .cne s)' i' J' C1\ €I S1 I, c,6e -z / " c/' nil ke.Le IN/P./ r/!— /9th M •r I/ L 4' S;. Ec,c LG .gc,5z,_2Ovp a? tILk \J 1 fl(_91 4 Z5CO ( rt`SL'Z'li (Ot c Dr it q r vcos 1 CC) b0(020 iti3rfaCi - el: .1 =)(1\,5, /c:146; Act?t4CY ALIL= Loop] Aczi r ( ,, -'_-� Hello