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HomeMy WebLinkAbout20240417.tiffHEARING CERTIFICATION DOCKET NO. 2024-09 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR23-0038, FOR A BREEDING KENNEL LIMITED TO 30 DOGS OVER THE AGE OF SIX (6) MONTHS OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT - MARVIN SPAYD AND EDIE PITTMAN, C/O FRENCH BRED FRENCHIE'S, LLC A public hearing was conducted on February 21, 2024, at 10:00 a.m., with the following present: Commissioner Kevin D. Ross, Chair Commissioner Perry L. Buck, Pro-Tem Commissioner Mike Freeman — EXCUSED Commissioner Scott K. James Commissioner Lori Saine Also present: Acting Clerk to the Board, Jess Reid Deputy County Attorney, Karin McDougal Department of Planning Services representative, Kim Ogle Department of Public Health and Environment representative, Lauren Light The following business was transacted: I hereby certify that pursuant to a notice dated January 22, 2024, and duly published January 24, 2024, in the Greeley Tribune, a public hearing was conducted to consider the request of Marvin Spayd and Edie Pittman, do French Bred Frenchie's, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR23-0038, for a Breeding Kennel limited to 30 dogs over the age of six (6) months outside of subdivisions and historic townsites in the A (Agricultural) Zone District. Karin McDougal, Deputy County Attorney, made this a matter of record. Chair Ross reviewed for the applicant and the public, the procedures to follow should this case result in a tie vote due to four (4) Commissioners being present and Commissioner Freeman being excused, and Edie Pittman, applicant, agreed to proceed. In response to Chair Ross, Ms. Pittman indicated she had not had contact with any of the Commissioners regarding this case. El Kim Ogle, Department of Planning Services, presented a brief summary of the proposal, provided the general location, stated the site is located in the three (3) mile referral area of Adams County, outlined the surrounding uses and relayed there are four (4) neighbors in the immediate vicinity, with the nearest neighbor approximately 265 feet to the east. He indicated three (3) letters of support were submitted with the application, notice was sent to eight (8) surrounding property owners (SPOs), and staff received correspondence from one (1) SPO with concerns about noise and lighting. He shared, per the Development Review staff, and there is an existing, permitted, shared, residential access onto County Road (CR) 4, and a Commercial Access Permit is required. He relayed there will be no additional traffic associated with the site, and the applicant cc*- Pi_ (ER/t4W/Ka/MW/KR) 03/2.o/2.y 2024-0417 PL2906 HEARING CERTIFICATION - MARVIN SPAYD AND EDIE PITTMAN, C/O FRENCH BRED FRENCHIE'S, LLC (USR23-0038) PAGE 2 submitted a stormwater detention exception narrative. Mr. Ogle provided the hours of operation, stated the site is for dog breeding only, will not be open to the public and described the indoor facility space. He entered the favorable recommendation of the Planning Commission into the record, as written, and displayed images of the site and surrounding views. = Lauren Light, Department of Public Health and Environment, stated the existing residence is served by a domestic well and a septic system sized for three (3) bedrooms, and indicated the applicant may use a portable toilet for people who come to look at the puppies. A Noise Study showed the site can meet the residential noise limit, and a Pet Animal Care and Facilities Act (PACFA) license will be required. Edie Pittman, applicant, provided a description of the kennel, indicated her dogs are imported from around the world, described the interview process for placing dogs and relayed she shows them in competitions around the country. She stated the property is 11 acres, fenced, and that the dogs go out in groups of six (6), not all at once. Commissioner Saine expressed her appreciation for the applicant's passion for the dogs. David Dutch, SPO, expressed his concern about noise, stated it is usually quiet, but sometimes it sounds like a dog fight for long durations of time, and relayed the lights from the property are extremely bright. In response to Commissioner Saine, Mr. Dutch indicated he did talk to the applicant about the noise a couple of years ago and further explained the lights shine towards his barn, which reflects into his house. Chair Ross explained the Resolution contains Conditions of Approval (COA) and Development Standards (DS) regarding lighting, to safeguard SPOs and Commissioner James explained sound is not additive and reiterated the Noise Study shows the applicant can stay within the residential noise limit. Ms. Pittman stated the dogs are inside at night, asserted they bark when they play and explained the reason for the bright lights. Chair Ross described the requirements for lighting, per the Development Standards, and Ms. Pittman indicated she had reviewed, and agreed to abide by, the COA and DS, as presented. The Board discussed the COA and DS and agreed to add, "seven (7) days a week" to DS #4 (hours of operation). El No public testimony was offered regarding the change made to DS #4. Commissioner James moved to approve the request of Marvin Spayd and Edie Pittman, c/o French Bred Frenchie's, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR23-0038, for a Breeding Kennel limited to 30 dogs over the age of six (6) months outside of subdivisions and historic townsites in the A (Agricultural) Zone District, based on the recommendations of Planning staff and the Planning Commission, with the Conditions of Approval and Development Standards, as amended. The motion was seconded by Commissioner Saine, and it carried unanimously. There being no further discussion, the hearing was completed at 11:24 a.m. 2024-0417 PL2906 HEARING CERTIFICATION - MARVIN SPAYD AND EDIE PITTMAN, CIO FRENCH BRED FRENCHIE'S, LLC (USR23-0038) PAGE 3 This Certification was approved on the 6th day of March, 2024. BOARD OF COUNTY COMMISSIONERS WELD COUNTY ATTEST: dit6,0 Jed.;„k Weld County Clerk to the Board BY. / /� • G(J Deputy Clerk to the Board Kev'� �. Ross, Chair erry L. B, , Pro-Tem 2024-0417 PL2906 ATTENDANCE LIST 21 /2M ?9 1 NAME - PLEASE ` PRINT LEGIBLY ADDRESS (CITY, STATE ZIP) . EMAIL B SPEAKING (YIN)? p C/ar�RESIt?E Bfci c . . � s0 gucL Sfive coCG 8c I -z Mjtvt••9-eti.c�sar,�Go.0, g0"e,�s PP S 'x\ oe- ...,M. n-,,0 G V. So .ell 6-1-041" Go `d0 Pq a 041�C elm, an(..oef L) CoP 144,-.1_ (0)Oid )(el' )6r)75 _ \Isl. k Pi52 2S t{I e fikplit 1) 4b,t ..tt.. L G'..c.✓lic. Wo 'M Zoo7 9c it /4.44. C e / Z T0i Y S-1 711,e -c- id..v A) Ma. `tEl i k -,,.s kv,_ .CAA. 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Lts ,OJ9,70 0vIZN )q,S, c. 40 Y M "OS,x+ c. 641r ,44,4vr&roca(0,...... w1:`7./) >L -''S 4 W. cv 30V (i)7 Avi, 4viLjcs burro�@ os` 'm roJ yf.�, �� 4- S v a en.(� C[o dlred.e/IF .( mv, End() et )/ ruby re►d- t , aoip G/�1 I tO ATTENDANCE LIST 212.1 IZ z NAME - PLEASE PRINT Luna ADDRESS (CITY, STATE ZIP) EMAIL Lee LA,.,jb tQ i 133(3 3q 6-r 6Y I ilv( as. 3 L.' n o f b/ ovA /3 3 / -7 /71_,/392 &tele aril 5-1,%.1A/--(2.--.74 COUNTY. OF RESIDENCE SPEAKING (YIN)? WE W� fi VICK �t/ Hello