HomeMy WebLinkAbout20102745.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY
SPECIAL REVIEW PERMIT #1253 FOR THE KEEPING, RAISING, OR BOARDING
OF EXOTIC ANIMALS; AS AN AGRICULTURAL SERVICE ESTABLISHMENT
PRIMARILY ENGAGED IN PERFORMING AGRICULTURAL, ANIMAL HUSBANDRY
OR HORTICULTURAL SERVICES ON A FEE OR CONTRACT BASIS, INCLUDING:
VETERINARY CLINICS OR HOSPITALS, A KENNEL, AND AS A RECREATIONAL
FACILITY AND USES INCLUDING: GUEST FARM, IN THE A(AGRICULTURAL)
ZONE DISTRICT - ROCKY MOUNTAIN WILDLIFE CONSERVATION CENTER, DBA
THE WILD ANIMAL SANCTUARY
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 17th day
of November, 2010, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of the Rocky Mountain Wildlife Conservation Center, dba the Wild
Animal Sanctuary, 1946 County Road 53, Keenesburg, Colorado 80643, for a Site Specific
Development Plan and Amended Use by Special Review Permit#1253 for the keeping, raising,
or boarding of exotic animals; as an Agricultural Service establishment primarily engaged in
performing agricultural, animal husbandry or horticultural services on a fee or contract basis,
including: Veterinary clinics or hospitals, a Kennel, and as a Recreational facility and uses
including: Guest farm, in the A (Agricultural) Zone District, on the following described real
estate, being more particularly described as follows:
Lots A and B of Recorded Exemption #2344, being
part of the N1/2NW1/4 of Section 28;
Lots A and B of Corrected Amended Recorded
Exemption #2541, being part of the S1/2SW1/4 of
Section 28; Lots A and B of Recorded
Exemption #4034, being part of the E1/2SE1/4 of
Section 20; and the N1/2SW1/4 of Section 21; all
within Township 1 North, Range 64 West of the 6th
P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was represented by Pat Craig, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of
the Weld County Planning Commission and all of the exhibits and evidence presented in this
matter and, having been fully informed, finds that this request shall be approved for the following
reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
CC C r� P L 2k 1 u APPS 2010-2745
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AMENDED SPECIAL REVIEW PERMIT #1253 - THE ROCKY MOUNTAIN WILDLIFE
CONSERVATION CENTER, DBA THE WILD ANIMAL SANCTUARY
PAGE 2
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
a. Section 23-2-230.6.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
Section 22-2-20 (A.Goal 1) states, "Respect and encourage the
continuation of agricultural land uses and agricultural operations for
purposes which enhance the economic health and sustainability of
agriculture, specifically A.Policy 1.2, `Support the development of creative
policies for landowners to voluntarily conserve agricultural land'." The
existing 65-acre facility is primarily an agricultural-based entity which
focuses on preserving open space, habitat, grasslands, and providing
environmental amenities and enrichment for the animals on the premises.
The facility is compatible with dry-land crop farming and Conservation
Reserve Program (CRP) uses found in the area. Section 22-2-20.1
(A.Goal 9) states, "Reduce potential conflicts between varying land uses
in the conversion of traditional agricultural lands to other land uses." The
large tracts of land under the control of The Wild Animal Sanctuary
provide for a natural buffer between adjacent properties and uses. The
sanctuary is primarily developed as open grassland habitats with primary
and secondary fencing. This fencing and tract layout may also be used
for livestock or other approved land use operations, in the future, and if
warranted. Section 22-2-20.1.5 (A.Policy 9.5) states, "Applications for a
change of land use in the agricultural areas should be reviewed in
accordance with all potential impacts to surrounding properties and
referral agencies. Encourage applicants to communicate with those
affected by the proposed land use change through the referral process."
The County recognizes the Right to Farm Statement, as found in
Section 22-2-20.J (A.Goal 10), and Section 22-3-70.A (TR.Goal 1) states,
"Recognize the importance of cultural and heritage tourism and recreation
to local, regional, and agricultural economies, including events and sites
such as wildlife sanctuaries, etcetera. Encourage the provision of
adequate support services and facilities necessary for the continuation
and expansion of these activities, consistent with other goals and policies
of the Comprehensive Plan." The purpose of the facility is to rescue
animals that come in from a referral from regulatory and/or law
enforcement agencies due to official confiscation or court order. The
rescued animals are brought to the sanctuary for rehabilitation and long
term care. The goal of the sanctuary is to change social consciousness
so that people learn to understand that captive large carnivores do not
make good pets, they are not entertainment, and their skins and body
parts are not for sale or consumption. This is achieved through education
of visitors to the sanctuary. The Education Center at the sanctuary
provides detailed information on the rescue and care of exotic animals,
posters and videos about animals, their habitats, shelter, their food
preferences, etcetera.
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AMENDED SPECIAL REVIEW PERMIT #1253 - THE ROCKY MOUNTAIN WILDLIFE
CONSERVATION CENTER, DBA THE WILD ANIMAL SANCTUARY
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b. Section 23-2-230.6.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. The existing facility and the proposed
amendment to this facility performs a variety of functions and has multiple
activities including those allowed in Section 23-3-40.B.5 for Agricultural
Service establishments primarily engaged in performing agricultural,
animal husbandry or horticultural services on a fee or contract basis,
including: Veterinary clinics or hospitals; Section 23-3-40.J for keeping,
raising, or boarding, of exotic animals; Section 23-3-40.H for kennels; and
Section 23-3-40.C.5 for recreational facilities and uses including: Guest
farms, in the A (Agricultural) Zone District.
c. Section 23-2-230.B.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. There is limited
residential development outside of the residences located within the
grounds of the sanctuary, and surrounding lands adjacent to the facility
are predominately grassland and grow crops, predominately irrigated corn
fields, with limited oil and gas activities present. A recently approved
Change of Zone application for a nine-lot subdivision is adjacent to the
east. The applicant and the adjacent property owner/developer have held
discussions on attempts to mitigate the potential conflict between these
two land uses, including setback and buffering between the animals and
the residential development. Representatives for both parties have
entered into an Agreement for PUD Subdivision Conditions, dated
September 26, 2010, recorded at Reception No. 3733961, dated
November 22, 2010, for the protection of both developments from
adverse compatibility issues which may arise through the establishment
of a residential subdivision adjacent to The Wild Animal Sanctuary. The
existing use is compatible and the Conditions of Approval and
Development Standards will ensure that this use is compatible with
adjacent uses.
d. Section 23-2-230.B.4 -- The uses which will be permitted will be
compatible with future development of the surrounding area, as permitted
by the existing zoning, and with the future development as projected by
Chapter 22 of the Weld County Code and any other applicable code
provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The site is located within the three-mile referral area for
the Towns of Keenesburg and Hudson, and Adams County. The Town of
Keenesburg, in the referral dated August 11, 2010, and the Town of
Hudson Planning Commission, in the referral dated September 8, 2010,
indicated no conflicts. Adams County did not return a referral response.
e. Section 23-2-230.6.5 -- The site is not located within the floodplain, as
defined by the FIRM Community Panel Map 080266-1025C, dated
September 28, 1982. Effective January 1, 2003, building permits issued
on the proposed lots will be required to adhere to the fee structure of the
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AMENDED SPECIAL REVIEW PERMIT #1253 - THE ROCKY MOUNTAIN WILDLIFE
CONSERVATION CENTER, DBA THE WILD ANIMAL SANCTUARY
PAGE 4
building permits issued on the subject site will be required to adhere to
the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee Programs.
f. Section 23-2-230.B.6 -- The applicant has demonstrated a diligent effort
to conserve prime agricultural land in the locational decision for the
proposed use. The site is located on land designated as "Other"
according to the U.S.D.A. Soil Conservation Map, dated 1979.
g. Section 23-2-230.B.7 -- The Design Standards (Section 23-2-240 of the
Weld County Code), Operation Standards (Section 23-2-250 of the Weld
County Code), Conditions of Approval, and Development Standards
ensure that there are adequate provisions for the protection of the health,
safety, and welfare of the inhabitants of the neighborhood and County.
h. Section 23-4-400 — The attached Conditions of Approval and
Development Standards will ensure that the kennel will be operated
according to the supplementary kennel requirements outlined in this
Section of the Weld County Code.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of The Rocky Mountain Wildlife Conservation
Center, dba the Wild Animal Sanctuary, for a Site Specific Development Plan and Amended
Use by Special Review Permit #1253 for the keeping, raising, or boarding of exotic animals; as
an Agricultural Service establishment primarily engaged in performing agricultural, animal
husbandry or horticultural services on a fee or contract basis, including: Veterinary clinics or
hospitals, a Kennel, and as a Recreational facility and uses including: Guest farm, in the
A (Agricultural) Zone District, on the parcel of land described above be, and hereby is, granted
subject to the following conditions:
1. Prior to recording the plat:
A. The applicant shall submit written evidence from the Colorado Division of
Water Resources, demonstrating that the wells are appropriately
permitted for the Sanctuary use. There were four (4) well permits and
one (1) Change of Ownership for a well permit, received with the
application. The well permits indicate the use is limited to ordinary
household purposes, watering of domestic animals and livestock, and
irrigation of not more than one (1) acre of home gardens and lawns. The
use of the wells for the animal sanctuary requirements shall be verified, in
writing, by the Colorado Division of Water Resources. A Change of Use
for the well permits may be required. The applicant shall submit written
evidence to the Departments of Public Health and Environment and
Planning Services, from the Division of Water Resources, indicating that
all sources of water permitted by the State Engineers Office are
appropriately permitted for the non-exempt commercial use.
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AMENDED SPECIAL REVIEW PERMIT #1253 - THE ROCKY MOUNTAIN WILDLIFE
CONSERVATION CENTER, DBA THE WILD ANIMAL SANCTUARY
PAGE 5
B. The applicant shall show written evidence that an attempt has been made
to obtain a Surface Use Agreement with the oil and gas operator on the
site.
C. The applicant shall attempt to address the concerns raised by the
Colorado Division of Wildlife, concerning the location of the proposed
future animal fenced areas in relation to the existing Hudson Canal.
Evidence of an attempt to mitigate the issues raised shall be submitted to
the Department of Planning Services.
D. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) County Road 53 is designated on the Weld County Road
Classification Plan as a local gravel road, which requires 60 feet of
right-of-way at full buildout. There is presently 60 feet of
right-of-way. The applicant shall verify the existing right-of-way
and the documents creating the right-of-way. If the right-of-way
cannot be verified, it shall be dedicated. This road is maintained
by Weld County.
3) Seventy-five (75) parking spaces for the Wildlife Sanctuary and
affiliated improvements must be delineated on the plat. Parking
shall include a possible overflow area necessary for fundraising
events. The dimensions of parking spaces shall be indicated on
the plat. Parking shall meet the design requirements for off-street
parking outlined in Appendix 23-A of the Weld County Code.
4) All on-site lighting must be delineated on the plat.
5) If additional freestanding signs are proposed, the location shall be
shown on the plant a minimum of twenty (20) feet from future
County Road 53 right-of-way. The size of the sign is limited to
sixteen (16) square feet.
6) The plat shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
7) All plat sheets shall be labeled AmUSR-1253.
E. The applicant shall submit three (3) paper copies of the plat, for
preliminary approval, to the Weld County Department of Planning
Services.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit a
Mylar plat, along with all other documentation required as Conditions of Approval.
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PL1371
AMENDED SPECIAL REVIEW PERMIT #1253 - THE ROCKY MOUNTAIN WILDLIFE
CONSERVATION CENTER, DBA THE WILD ANIMAL SANCTUARY
PAGE 6
The Mylar plat shall be recorded in the office of the Weld County Clerk and
Recorder by the Department of Planning Services. The plat shall be prepared in
accordance with the requirements of Section 23-2-260.D of the Weld County
Code. The Mylar plat and additional requirements shall be submitted within sixty
(60) days from the date of the Board of County Commissioners Resolution. The
applicant shall be responsible for paying the recording fee.
3. The Department of Planning Services respectfully requests a digital copy of this
Use by Special Review, as appropriate. Acceptable CAD formats are .dwg, .dxf,
and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or
ArcGIS Personal GeoDataBase (MDB). The preferred format for Images is .tif
(Group 4). (Group 6 is not acceptable). This digital file may be sent to
maps@co.weld.co.us.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 17th day of November, A.D., 2010.
ARD OF COUNTY COMMISSIONERS
COUNTY, COLORADO
ATTEST: t t D
,r-a- \Og, s ademacher, C air
Weld County Clerk to the Board 1`..'.
�C rbara Kirkmeyer, ro-Tem
BY:De ty Cler4vto the l Boal
�In
Sean P. Conway
APP ED FORM: EXCUSED
Will F. Garcia
Cali
-County Attorney j
David . Long
Date of signature: I aJ f`l l'
2010-2745
PL1371
SITE SPECIFIC DEVELOPMENT PLAN
AMENDED USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
THE ROCKY MOUNTAIN WILDLIFE CONSERVATION CENTER
DBA THE WILD ANIMAL SANCTUARY
AMUSR-1253
1. A Site Specific Development Plan and Amended Use by Special Review Permit#1253 is
the keeping, raising, or boarding of exotic animals; as an Agricultural Service
establishment primarily engaged in performing agricultural, animal husbandry or
horticultural services on a fee or contract basis, including: Veterinary clinics or hospitals,
a Kennel, and as a Recreational facility and uses including: Guest farm, in the
A (Agricultural) Zone District, and is subject to the Development Standards stated
hereon.
2. Approval of this plan may create a vested property right, pursuant to Section 23-8-10 of
the Weld County Code.
3. The operation of the facility is limited to seventy-five (75) staff and volunteers on a daily
basis.
4. The facility is open for business from 8:30 a.m., through sunset, daily.
5. All liquid and solid wastes, as defined in the Solid Wastes Disposal Sites and Facilities
Act, Section 30-20-100.5, C.R.S., shall be stored and removed for final disposal in a
manner which protects against surface and groundwater contamination.
6. No permanent disposal of wastes shall be permitted at this site. This is not meant to
include those wastes specifically excluded from the definition of a solid waste in the
Solid Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S.
7. Waste materials shall be handled, stored, and disposed of in a manner which controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions.
8. The applicant shall operate in accordance with the approved Waste Handling Plan.
9. Animal and feed wastes, bedding, debris, and other organic wastes shall be disposed of
so that vermin infestation, odors, disease hazards, and nuisances are minimized.
10. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The
facility shall be operated in accordance with the approved Dust Abatement Plan.
11. This facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone District, as delineated in Section 14-9-30 of the Weld County Code.
12. Adequate drinking, handwashing, and toilet facilities shall be provided for employees,
volunteers, and patrons of the facility, at all times.
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CENTER, DBA THE WILD ANIMAL SANCTUARY (AMUSR-1253)
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13. In the event the daily uses of the facility exceed the number of people for whom the
septic systems are designed, the facility may supplement the on-site septic system with
portable toilet units for temporary events. The Stanford Event and Labor Services
portable toilet chart shall be adhered to, as a minimum guideline.
14. The disposal of all sewage generated on the site shall comply with the Weld County
Individual Sewage Disposal System (I.S.D.S.) Regulations.
15. In the event the facility's water system serves more than 25 persons on a daily basis, the
water system shall comply with the Colorado Primary Drinking Water Regulations
(5 CCR 1003-1). Bottled water provided by a commercial source shall be considered an
adequate source.
16. This application utilizes wells as its source of water. The applicant shall be made aware
that while it may be possible to obtain a well permit from the Office of the State
Engineer, Division of Water Resources, the quantity of water available for usage may be
limited to specific uses, i.e. domestic use only, etcetera. Also, the applicant shall be
made aware that groundwater may not meet all drinking water standards, as defined by
the Colorado Department of Public Health and Environment. The applicant is
encouraged to test the drinking water prior to consumption, and periodically thereafter.
17. The operation shall maintain all applicable and valid permits from the United States
Department of Agriculture and the Colorado Division of Wildlife.
18. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
19. The historical flow patterns and runoff amounts will be maintained on the site in such a
manner that it will reasonably preserve the natural character of the area and prevent
property damage of the type generally attributed to runoff rate and velocity increases,
diversions, concentration, and/or unplanned ponding of storm runoff.
20. Pursuant to Chapter 15, Articles I and II, of the Weld County Code, if noxious weeds
exist on the property, or become established as a result of the proposed development,
the applicant/landowner shall be responsible for controlling the noxious weeds.
21. The existing residential access and gravel driveway shall be graded and drained to
provide all-weather access to the facility.
22. There will be no parking or staging of vehicles associated with this facility on County
roads.
23. Building permits shall be obtained prior to starting construction. A plan review is
required for each building or structure for which a building permit is required. Two
complete sets of plans are required when applying for each permit. The applicant shall
include a Code Analysis Data sheet from the Department of Building Inspection for each
structure which requires a permit. Submittal plans shall include a floor plan showing the
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DEVELOPMENT STANDARDS -THE ROCKY MOUNTAIN WILDLIFE CONSERVATION
CENTER, DBA THE WILD ANIMAL SANCTUARY (AMUSR-1253)
PAGE 3
specific uses of each area for the building. Plans shall bear the wet stamp of a Colorado
registered architect or engineer.
24. Buildings shall conform to the requirements of the various codes adopted at the time of
permit application. Currently, the following have been adopted by Weld County: 2006
International Building Code, 2008 National Electrical Code, 2006 International
Mechanical Code, 2006 International Plumbing Code, 2006 International Energy Code,
2003 ANSI 117.1 Accessibility Code, and Chapter 29 of the Weld County Code.
25. All building plans shall be submitted to the Hudson-Keenesburg Fire Protection District,
for review and approval, prior to issuance of building permits.
26. Effective January 1, 2003, building permits issued on the proposed lots will be required
to adhere to the fee structure of the County-Wide Road Impact Fee Program.
27. Effective August 1, 2005, building permits issued on the subject site will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee Programs.
28. The landscaping on the site shall be maintained in accordance with the approved
Landscape and Screening Plan.
29. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
30. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
31. Weld County Government personnel shall be granted access onto the property at any
reasonable time in order to ensure the activities carried out on the property comply with
the Development Standards stated herein and all applicable Weld County regulations.
32. The Amended Use by Special Review area shall be limited to the plans shown hereon
and governed by the foregoing standards and all applicable Weld County regulations.
Substantial changes from the plans or Development Standards, as shown or stated,
shall require the approval of an amendment of the Permit by the Weld County Board of
County Commissioners before such changes from the plans or Development Standards
are permitted. Any other changes shall be filed in the office of the Department of
Planning Services.
33. The property owner or operator shall be responsible for complying with all of the
foregoing Development Standards. Noncompliance with any of the foregoing
Development Standards may be reason for revocation of the Permit by the Board of
County Commissioners.
34. "No Trespassing" signs shall be posted around the perimeter fence at 500-foot intervals.
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35. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the plat.
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