HomeMy WebLinkAbout20133037.tiffHEARING CERTIFICATION
DOCKET NO. 2013-71
RE: A CHANGE OF ZONE REQUEST, PUDZ13-0002, FROM THE R-1 (RESIDENTIAL)
ZONE DISTRICT TO A ONE LOT PUD (PLANNED UNIT DEVELOPMENT) WITH E
(ESTATE) ZONE DISTRICT USES - JONATHAN SCUPIN AND ANN NASH
A public hearing was conducted on October 30, 2013, at 10:00 a.m., with the following present:
Commissioner William F. Garcia, Chair
Commissioner Douglas Rademacher, Pro-Tem
Commissioner Sean P. Conway
Commissioner Mike Freeman
Commissioner Barbara Kirkmeyer
Also present:
Acting Clerk to the Board, Susan Brown
Assistant County Attorney, Brad Yatabe
Planning Department representative, Kim Ogle
Public Works representative, Don Carroll
Health Department representative, Lauren Light
The following business was transacted:
El I hereby certify that pursuant to a notice dated September 11, 2013, and duly published
September 16, 2013, in the Greeley Tribune, a public hearing was conducted to consider the
request of Jonathan Scupin and Ann Nash, for a Change of Zone Request, PUDZ13-0002, from
the R-1 (Residential) Zone District to a One Lot PUD (Planned Unit Development) with
E (Estate) Zone District Uses. Brad Yatabe, Assistant County Attorney, made this a matter of
record.
a Kim Ogle, Department of Planning Services, presented a brief summary of the proposal
and entered the unanimously favorable recommendation of the Planning Commission into the
record as written. He explained this Change of Zone is for an anticipated Use by Special
Review Permit for an animal shelter for exotic animals, primarily abandoned amphibians and
reptiles formerly kept as pets. All surrounding properties are zoned residential, or agriculture
and residential. He confirmed this is an active zoning violation due to the applicant's non-profit
operating as the Colorado Reptile Humane Society, and R-1 zoning does not allow a kennel as
a use -by -right. He expressed concern that a change of zone would impact Seemore Heights
residents who would not necessarily receive any benefits. If the property's rezoning is approved,
the applicants will be able to apply for a kennel USR. He showed images of the site. In
response to Commissioner Conway, Mr. Ogle said no neighbors have expressed concerns
since posting, and Seemore Heights is an obsolete subdivision, with varied parcels and some
home business activity, but it is zoned R-1; this would allow them to carry on with the activity
they are currently engaging in.
El Don Carroll, Department of Public Works, provided a brief overview of the transportation
plans and requirements, noting that CR 1.5, aka Elmore Road, is a dead end. He said the
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2013-3037
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HEARING CERTIFICATION - JONATHAN SCUPIN AND ANN NASH (PUDZ13-0002)
PAGE 2
applicant has been asked to place approved access points on the plat, a few volunteers
occasionally come to the site, and when the USR is filed other requirements will be evaluated.
Lauren Light, Department of Public Health and Environment, reviewed the water and
sewer provisions.
ID Matthew Crowthor, applicant's attorney, introduced Ann Elizabeth Nash and Jonathan
Scupin, and stated that, as Mr. Ogle indicated, there is an active zoning violation because of the
number of animals on the property and, although this property is at the edge of the subdivision,
it is zoned R-1. He said polling of the neighborhood encountered no opposition to re -zoning this
individual property, and the complaint lodged with zoning compliance was anonymous. He said
they have obtained consent from nearly every property in the subdivision, with the exception of
properties which are bank -owned or owned out-of-state. He noted the Colorado Reptile Society
has been in operation since 1999, and at this location since 2001, with no complaints, and what
they do is common knowledge. He noted the concerns of the Planning Department are that
other potential uses may be pursued that would negatively affect the neighborhood; therefore
his clients are open to any suggested restrictions on the rezone. He explained the consistency
of this request with the Weld County Code, adding the goal of this operation is to improve the
lives of reptiles and amphibians in captivity and in the wild, allow people to adopt rehabilitated
pets, and encourage the humane treatment of animals. He said the operation is proven
economically viable and reduces the cost of unwanted pets on local government. There is
unanimous community support for the facility, and a great deal of support for the re -zoning of
the entire subdivision. He said traditional agricultural uses continue in this neighborhood, the
plots are not consistent in size, and there are several existing home businesses in the area, so it
is not a typical subdivision. He noted the two adjacent properties are not a part of the
subdivision and a dental office has been approved close -by.
e No public testimony was offered concerning this matter.
EiMr. Scupin indicated he had no concerns or objections to the Conditions of Approval or
Development Standards, and is open to any suggested restrictions to protect the area from
other potential uses. In response to Commissioner Conway, Ms. Nash said every year they host
an open house with signs throughout the neighborhood and there is always a good turnout of
neighbors coming by to learn more about what they are doing.
El Commissioner Conway moved to approve the request of Jonathan Scupin and Ann Nash
for a Change of Zone Request, PUDZ13-0002, from the R-1 (Residential) Zone District to a One
Lot PUD (Planned Unit Development) with E (Estate) Zone District Uses, based on the
recommendations of Planning staff and the Planning Commission, with the Conditions of
Approval and Development Standards as entered into the record. The motion was seconded by
Commissioner Rademacher, and it carried unanimously. Commissioner Conway thanked the
applicants for their community outreach. There being no further discussion, the hearing was
completed at 2:26 p.m.
2013-3037
PL2245
HEARING CERTIFICATION - JONATHAN SCUPIN AND ANN NASH (PUDZ13-0002)
PAGE 3
This Certification was approved on the 4th day of November, 2013.
BOARD OF COUNTY COMMISSIONERS
WELD1NTY, COLORADO
ATTEST:
Weld County Clerk to the Bo
BY:
Deputy Clerk to the Bo
William F. Garcia, Chair
av% 4 oUr
ouglas Radema er, Pro -Tern
can P. Conway
Mike Freeman
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