HomeMy WebLinkAbout20001167.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 17, 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, Carol Harding
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, 2000.. in the
South Weld Sun, a public hearing was conducted to consider the request of Mike and Heather
Hathaway for a Site Specific Development Plan and Use by Special Review Permit #126'1 for a
Kennel in the A (Agricultural) Zone District. 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 and stated the application is for boarding a maximum of 150 dogs and 50 cats.
She stated the site is located three miles south of the Dacono Town limits. Ms. Chester presented
a picture showing the posted sign, marked Exhibit O, and letters of support provided by the
applicant, marked Exhibit P, and referenced the response received from the Mountain View Water
User's Association, dated August 15, 1999, stating there is capacity to provide service for the
proposed business use. Ms. Chester stated the proposal does comply with Section 24.7, and the
property is in the Agricultural Zone District, as are the surrounding properties. Ms. Chester also
stated the Conditions of Approval and Development Standards will insure consistency with all Weld
County regulations and compatible land uses.
Chair Kirkmeyer reported the Secretary for the Mountain View Water User's Association, Diane
Howard, talked to her last evening to clarify that the Mountain View Board has not acted on this
application to determine or approve its commercial use, and she noted the Water Board typically
requires conditions or limits on commercial uses. Mr. Morrison clarified that the letter from
Mountain View does reflect some business use, and the Board will have to decide whether water
has been sufficiently addressed. Responding to Commissioner Geile, Ms. Chester stated there is
not a well currently on the property.
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HEARING CERTIFICATION - MIKE AND HEATHER HATHAWAY (USR #1261)
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Heather Hathaway, applicant, presented her notes, marked Exhibit Q, detailing her contacts with
various individuals and their responses since she began working on this case. Responding to
Commissioner Baxter, Ms. Hathaway stated she wrote a letter to Mountain View on June 30, 1999,
which indicated their intention to operate a boarding kennel, and asked for any restrictions. In
response, on the back of her billing for July 14, 1999, a note stated there was no problem with the
planned use, and when she telephoned Ms. Howard, she was told there were no problems. Ms.
Hathaway stated she sent another letter,when she received the response dated August 16, 1999,
from Ms. Howard, stating domestic water for the proposed business use is available. Mr. Hathaway
stated Ms. Howard understood domestic use, "for the proposed business use," was not just for
personal use. Responding to Commissioner Geile, Ms. Hathaway stated they will not start
construction until mid-year 2001, and the details regarding an auxiliary building to house a
veterinarian is in response to directions from staff to include the most grandiose plans she might
have in future, so she included the veterinarian and classroom space for groups for animal-type
related classes for the community. Responding to Commissioner Vaad regarding an estimate of
water needed, Ms. Hathaway stated the water needed for the care of the pets is not excessive;
however, cleaning the runs and cage areas uses more water.
Jerry Ford, surrounding property owner, says the proposed site is surrounded by livestock and
horses, with 300 head of cattle within a square mile and three large groups of horses. In his
experience in the military, a kennel of 200 dogs uses the same water as a dairy. Mr. Ford stated
further concerns with gravel runs which have been outdated for years; lack of cement floors; the
high water table in the vicinity, with water sometimes within six inches of the top; the need for a
perimeter fence, which should be at least a ten-foot tall chain link; and the proximity of this site to
a natural wetland could have environmental effects.
Larry Frank, surrounding property owner, presented a letter from Ma K. Lor, who lives at the
intersection of Weld County Roads 6 and 17, marked Exhibit R. Mr. Frank stated he talked to the
applicant the other day regarding his concerns,with the main concern being water supply. He said
after 1980 when he bought 18 acres and received a domestic well permit, the water level drDpped
100 feet in nine years. Then in 1998 he bought water tap #54 from the Mountain View Water
Association which will allow him to tap in at the intersection of Weld County Roads 15 and 6, with
a 1-1/4 inch line in case his water level drops. Mr. Frank stated there will definitely be a ciange
in water level, and he presented a copy of the Mountain View Water Users Association By-Laws,
which indicate water service is limited to residential use for one residential living unit lawn
irrigation, and water for livestock, and any other use must be granted in writing with whatever
limitations are deemed proper at the time of approval. Mr. Frank stated he has not had to tap into
his line yet, because his well is currently working; however, if his well goes dry, he will have to go
to the corner and tap in. Mr. Frank further stated Ms. Howard called him last night, and stated the
Water Board has not approved this proposed water use, and other than dairies, Mountain View has
only one commercial user whose water is restricted to a certain number of gallons.
Kenneth Quenzer, who lives within one-quarter mile of the site, stated he has lived there
approximately 25 years and is very opposed to a kennel. He stated it will have a dramatic, negative
impact on the quality of life in the neighborhood, not only with noise pollution, but because of the
stench and lowered property values.
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Nancy Fichter, who lives within one mile across the section, stated there will be problems with
inspections since the State currently has only two inspectors; and with over 16 houses within a one
mile radius, there will be a lot of irritation for neighbors. Ms. Fichter discussed the nuisance other
kennels have caused for the Health Department. Commissioner Vaad clarified this is in the
Agricultural Zone District.
There being no further comment, Chair Kirkmeyer closed public testimony.
Ms. Hathaway rebutted the concerns mentioned and stated she has spoken to the adjacent
property owner who raises cattle,and he had no concerns;she does not intend to have gravel runs,
they will be cement; there is fencing for outdoor runs of chain link, also a solid perimeter fence
around property. Ms. Hathaway stated she has been unable to contact Mountain View Water, she
has left two messages; however, she has not received a return call. She also stated the noise
limits are addressed in the Development Standards, as measured according to Health Department
standards. She further stated they do not intend for the animals to be outside all the time; hey will
only be outside five times a day, which is a total of approximately three and one-half hours, and
they would be inside the rest of the time. She said the wastes are disposed in sealed trash bags,
which are disposed in a sealed, closed dumpster then removed; she would also be acquiring a
license from the Colorado Department of Agriculture which is required for kennels, and they have
to meet those standards.
Responding to questions from the Board, Ms. Hathaway said the site is five and one-half acres; the
dogs will be inside between 9:00 p.m. and 7:00 a.m.; she will be the nearest resident; she intends
to decline service to any known "loud" or problem dogs; the outside runs will have a six-foot chain
link fence which is covered and, therefore, completely enclosed. Responding to Commissioner
Hall, she stated she has no resource for a study of water, but when she was a member of the
Emergency Animal Rescue Service,the parameter used for drinking water was one gallon per day
per pet. Responding to Chair Kirkmeyer, Ms. Hathaway stated they are using cement floors with
drains and she has no problem adding a Development Standard for that; she reiterated there will
be a six-foot outside fence with a chain link cover; and stated she has worked at a boarding kennel
for eight months, but has no idea how much water is necessary for cleaning the animals. She
reiterated Mountain View stated they are providing domestic water for residential use, lawn, and
livestock. Responding to Chair Kirkmeyer's concern regarding whether she has adequate water,
Ms. Hathaway stated since most of the water is needed for cleaning, she would not have a problem
with using another kind of water.
Commissioner Hall stated it is not unusual to approve a Use by Special Review Permit with the
intent to show water is available included, and the Permit being finalized later. Chair Kirkmeyer
stated most of those cases have been continued, and stated the Water Board does meet monthly.
Commissioner Hall stated he does not understand why they would send a letter in August to the
applicant and now say they have not even met, and Mr. Morrison indicated the record does not
reflect when the by-laws were adopted. Commissioner Baxter stated if livestock are allowed by by-
laws, the amount seems to be of no concern.
Responding to Commissioner Vaad, Ms.Chester stated dogs and cats are not considered livestock
in [he Weld County Zoning Ordinance and if the property is less than 10 acres, the Use by Right
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HEARING CERTIFICATION - MIKE AND HEATHER HATHAWAY (USR #1261)
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would be four dogs and four cats; if over ten acres it would be eight dogs and eight cats.
Commissioner Geile stated he is concerned with the adequacy of water and said Development
Standard #8 does not seem to allow other alternatives. After further discussion, Mr. Morrison
stated the options of the Board are to continue the public hearing on the water issue only or, if the
Board is inclined to approve the permit, it could do so with proof of adequate water, either from
Mountain View or another source, being required prior to construction. He stated the Board is
caught in the middle of the Water Board Secretary telling others, but not the Board.
Commissioner Hall moved to continue 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, to May 31, 2000, at 10:00 a.m., for the purpose of determining water
only. The motion was seconded by Commissioner Geile. Upon discussion, Commissioner Vaad
clarified the question is on the adequacy of water, not whether Mountain View provides t, and
Commissioner Hall agreed. Chair Kirkmeyer reiterated the public hearing will only address
adequacy of water; however, the Board may still modify Development Standards and Conditions
of Approval. On a call for the vote, it carried unanimously.
This Certification was approved on the 22nd day of May 2000.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
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t- , '� O;,r Barbara J. rkmeyer, hair g
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Deputy lerk to the Board —.—
org . Baxter
TAPE #2000-16
Dale K. Hall
DOCKET #2000-23 %'d,;,;��/f i $ `,
Glenn Vaad!
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2000-1167
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 17TH DAY OF MAY, 2000:
DOCKET#2000-23 - MIKE AND HEATHER HATHAWAY
DOCKET#2000-24 - RONANLD AND CLAUDIA OLSON
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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