HomeMy WebLinkAbout20132879.tiffSUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, October 1, 2013
D' A regular meeting of the Weld County Planning Commission was held in the Weld County
Administration Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to
order by Chair, Mark Lawley, at 1:30 pm.
Roll Call.
Present: Benjamin Hansford, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley,
Michael Wailes, Nick Berryman.
Absent/Excused: Bret Elliott
Also Present: Kim Ogle, Department of Planning Services; Don Carroll, Department of Public Works;
Lauren Light, Department of Health; Brad Yatabe, County Attorney, and Kris Ranslem, Secretary.
• Motion: Approve the September 17, 2013 Weld County Planning Commission minutes, Moved by
Benjamin Hansford, Seconded by Joyce Smock. Motion passed unanimously.
CASE NUMBER
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
PUDZ13-0002
JONATHAN SCUPIN & ANN ELIZABETH NASH
KIM OGLE
CHANGE OF ZONE REQUEST FROM THE R-1 (RESIDENTIAL) ZONE
DISTRICT TO A ONE LOT PUD (PLANNED UNIT DEVELOPMENT) WITH
ESTATE ZONE DISTRICT USES
LOT 2 BLOCK 2 SEEMORE HEIGHTS 1ST ADDN; PART OF SECTION 30,
T3N, R68W OF THE 6TH P.M., WELD COUNTY, COLORADO.
SOUTH OF HIGHWAY 66; WEST OF AND ADJACENT TO ELMORE ROAD.
Kim Ogle, Planning Services, presented Case PUDZ13-0002, reading the recommendation and
comments into the record. The Department of Planning Services recommends denial of this application.
Commissioner Maxey asked if a Class II Home Business is not allowed in this zone district. Mr. Ogle said
that it is allowed; however a kennel does not fit into the requirements for a Class II Home Business.
rr Don Carroll, Public Works, reported on the approved Access Permit, weed management, access
and drainage conditions and the requirements on site.
• Lauren Light, Environmental Health, reviewed the criteria for the Change of Zone and stated that
they have no concerns at this stage in the process.
• Mathew Crowther stated that he represents the applicants and added that they have operated the
Colorado Reptile Humane Society since 1999. They are requesting this change of zone as they are in
violation of operating this business in the current zoning district. He noted that they have talked to their
neighbors and are unaware of any negative issues. If this Change of Zone request is approved, then they
will work to get the Use by Special Review Permit for a kennel to continue operating their business.
Mr. Crowther provided an outline of how this request is in compliance within the Weld County Code.
In response to Commissioner Maxey's questions, Ann Elizabeth Nash explained briefly how they operate
their business. They are open by appointment only on Saturdays between noon and 5:00 p.m. They
have 2 volunteers that come to their home on Saturdays only. The process for adoption is to fill out an
application on-line and then after the screening process is complete an appointment is set up for the
individual to come to the site.
Commissioner Maxey noted the fencing surrounding the property and asked if there is any safety
concerns if the reptiles are able to go outside. Ms. Nash said that the fencing is for desert tortoises and a
boxed turtle habitat. The fence is buried 18 inches into the ground.
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Commissioner Berryman asked why the applicant could not have a straight change of zone. Brad
Yatabe, County Attorney, said that it comes down to an issue of compatibility for the area as to the uses
of rezoning 1 lot in an entire area. Mr. Berryman asked if there is a mechanism for variances on animal
units and types of animal units within in a certain zoning designation as opposed to having to go through
a rezoning to accomplish that. Mr. Ogle said that a kennel is an allowed use only through a Use by
Special Review Permit in the agricultural zone district or the estate zone district. For the purpose of going
through a PUD you cannot do a straight change of zone within a subdivision. He added that the
applicants did investigate doing a PUD for all of the parcels in that area but they needed 100% approval
from the landowners within the PUD.
Mr. Crowther stated that he is not aware of any code section that would require 100% approval among all
homeowners within the subdivision before a rezoning of that entire subdivision would be allowed. He
added that there is no code section that would prohibit the individual lot owners from just doing a straight
change of zone. Mr. Yatabe said that an administrative call has been made by Planning and this is not
the forum to counter that call as that would go through an appeal process. He added that the case before
the Planning Commission is the Change of Zone for the PUD.
Commissioner Wailes asked the applicants if they have operated this business from this location since
1999. Ms. Nash said that they moved to this location in 2001. The Planning Commission asked the
applicant questions regarding the operation of their business. Ms. Nash answered questions regarding
what animals are kept on site, the adoption process, state licensing, et cetera.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
The Chair asked the applicant if they have read through the Conditions of Approval and if they are in
agreement with those. The applicant replied that they are in agreement.
D Motion: Forward Case PUDZ13-0002 to the Board of County Commissioners along with the
Conditions of Approval with the Planning Commission's recommendation of approval, Moved by
Benjamin Hansford, Seconded by Michael Wailes.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Benjamin Hansford, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley,
Michael Wailes, Nick Berryman.
Commissioner Berryman said that through the testimony of the applicant he believes this is a pretty low
impact use and feels that it is compatible with the area.
Commissioner Maxey agreed with Mr. Berryman's comments. He added that he is concerned with the
one (1) lot out of the entire subdivision that is being rezoned but believes that the proposed change of
zone presented today is very low impact and is compatible with this area.
Commissioner Lawley agreed with Mr. Berryman's comments as well.
The Chair asked the public if there were other items of business that they would like to discuss. No one
wished to speak.
The Chair asked the Planning Commission members if there was any new business to discuss. The
Planning Commission discussed what zoning districts allow a kennel and/or what animal units are
allowed as a use by right. Mr. Wailes commended Mr. Sparrow for his recent acceptance into the
Leadership Program of the Rockies
Meeting adjourned at 2:37 pm.
Respectfully submitted,
Digitally signed by Kristine Ranslem
Y14 . k X e rYl - Date: 2013.10.03 11:46:02 -06'00'
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Kristine Ranslem
Secretary
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