HomeMy WebLinkAbout20102786.tiff HEARING CERTIFICATION
DOCKET NO. 2010-53
RE: 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
A public hearing was conducted on November 17, 2010, at 10:00 a.m., with the following
present:
Commissioner Douglas Rademacher, Chair- EXCUSED
Commissioner Barbara Kirkmeyer, Pro-Tem
Commissioner Sean P. Conway
Commissioner William F. Garcia - EXCUSED
Commissioner David E. Long
Also present:
Acting Clerk to the Board, Jennifer VanEgdom
County Attorney, Bruce Barker
Planning Department representative, Kim Ogle
Health Department representative, Lauren Light
Public Works representative, Heidi Hansen
The following business was transacted:
I hereby certify that pursuant to a notice dated October 15, 2010, and duly published
October 20, 2010, in the Fort Lupton Press, a public hearing was conducted to consider the
request 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. Bruce Barker,
County Attorney, made this a matter of record. Chair Pro-Tem Kirkmeyer advised the applicant,
Pat Craig, Executive Director, The Wild Animal Sanctuary, that he has the option of continuing
the matter to a date when the full Board will be present; however, if he decides to proceed
today, the matter will require three affirmative votes, or the matter will be deemed denied.
Mr. Craig indicated he would like to proceed today.
Kim Ogle, 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.
He stated the existing site is approximately 65 acres in size, and is primarily comprised of
grassland habitats for large animals. He clarified the applicant intends to increase the size of
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the facility to 320 acres to increase the amount of available animal habitat acreage and possibly
create an additional educational component. He confirmed the use is compatible with the
surrounding area, due to the limited amount of residences within the area, and the abundance
of grassland and crop farming. He indicated a Change of Zone was recently approved for a
nine-lot subdivision to the east, and the applicant has entered into an agreement with the
property owner regarding the development of the subdivision and any compatibility issues which
may arise. He stated the site is located within the three-mile referral area for the Towns of
Keenesburg and Hudson, which both indicated no conflicts within referral responses, and
Adams County, which did not respond to the referral request. He further stated 21 referral
agencies reviewed the application materials, and seven provided comments which have been
addressed within the Conditions of Approval and Development Standards. He indicate one
letter of concern regarding the expansion was received from a surrounding property owner;
however, there have been no other telephone calls or electronic letters provided. Mr. Ogle
referenced Exhibit D, and requested an amendment to Condition of Approval #1.D.5 to state,
"...the location shall be shown on the plat a minimum of twenty (20) feet from future County
Road 53 right-of-way..." He displayed photographs of the site and the surrounding area.
Heidi Hansen, Department of Public Works, stated County Road 53 is a local gravel road,
requiring 60 feet of right-of-way at full buildout, and County Road 6, south of this site, has been
vacated. She indicated the applicant utilizes a single point of access, and a new access will be
utilized on the expanded western portion of the property, therefore, the applicant will obtain a
new access permit. She clarified the site is comprised of open grassland, therefore, the
Department is not requiring any specific improvements regarding runoff and drainage on the
site.
Lauren Light, Department of Public Health and Environment, stated water is provided to the site
from several wells, which are currently permitted for the watering of domestic animals and
ordinary household uses. She clarified the Department is requiring documentation from the
Colorado Division of Water Resources, indicating that the wells may continue to be utilized;
however, it may be necessary for the applicant to obtain new well permits. She stated there are
four septic systems currently installed on the property, and it may be necessary to add an
additional system at some point in the future. She confirmed the applicant did submit
documentation that a permit from the Environmental Protection Agency (EPA) is not required,
and Development Standard #14 allows for the use of portable toilets for temporary events. She
indicated the applicant did submit the required Dust Abatement Plan, with recycled asphalt
being utilized on the site in conjunction with the native grasses, and the Waste Handling Plan,
indicating the large dumpsters on the site will be emptied weekly. She clarified the animal
waste is collected and composted, and later re-spread on the land. She confirmed the applicant
addressed a majority of the requirements before the Planning Commission hearing, and the
Department does not have any outstanding concerns or objections.
Chair Pro-Tern Kirkmeyer requested staff to review the language contained within Condition of
Approval #1.6 to determine if the language needs to be modified or deleted.
Mr. Craig indicated the intent of this application is for the update and expansion of the current
facility, which primarily rescues animals and provides the necessary rehabilitation for the
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animals. He further indicated once the animals have completed the rehabilitation process, they
are moved out to the acreage habitats. He explained the current facility will function as the
educational center and the receiving area for new animals, and the expanded future use will be
the addition of large acreage habitats. He indicated another educational facility may be
constructed at some point in the future, and this amendment is expected to represent the
necessary changes at the complex for the next ten years. In response to Commissioner
Conway, Mr. Craig indicated he was initially concerned when he learned of the plan to create a
nine-lot subdivision east of the facility, since the current density of the area is one residence per
80 acres. He confirmed he met with the neighbors regarding the planned subdivision to discuss
concerns, and an agreement was drafted to address the concerns presented. He clarified a
large privacy fence will be constructed, and each potential property owner within the
Homeowners' Association (HOA) will be interviewed to be made aware of the animal sanctuary
and provided with full disclosure of the potential side effects, such as lions roaring, etcetera. He
confirmed full disclosure will be provided to any property owner, and he does not anticipate any
future conflicts.
No public testimony was offered concerning this matter.
In response to Chair Pro-Tem Kirkmeyer, Mr. Craig indicated he has reviewed, and concurs
with, the Conditions of Approval and Development Standards. Mr. Ogle clarified Condition of
Approval #1.B was added at the request of the Planning Commission, in response to the
concerns presented by an oil and gas operator. Chair Pro-Tem Kirkmeyer indicated the
language does not appear to be necessary, and Mr. Ogle confirmed an email was provided by a
representative of Anadarko, included as Exhibit E, which requests the drilling windows be
indicated on the plat. Following further discussion between Mr. Ogle and Chair Pro-Tem
Kirkmeyer, Mr. Craig confirmed the windows have already been designated on the plat, since it
is a requirement in State statute, and he is more than willing to accommodate the windows
indicated. He stated Anadarko previously indicated to him that it was not necessary to complete
a Surface Use Agreement, and the objection would be withdrawn. He confirmed there is
currently one well on the site, which has been accommodated with secure fencing. In response
to Chair Pro-Tem Kirkmeyer, Mr. Craig indicated the conversations with Anadarko took place
over the phone; however, he does have email correspondence which could be provided for
evidence. Chair Pro-Tem Kirkmeyer suggested the language within Condition of Approval #1.B
be modified to state, "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." She indicated it
should not be necessary to delineate the drilling windows on the plat, and the requirement has
been satisfied by the applicant attempting to work with the oil and gas operator.
In response to Chair Pro-Tem Kirkmeyer, Mr. Craig requested the deletion of Development
Standard #3, which limits the number of employees and volunteers to a total of twenty-five (25).
Commissioner Conway expressed his concern regarding the number of allowed employees
being left open-ended, and he requested Mr. Craig to provide a comfortable accommodation for
the number of employees. Mr. Craig requested a total of seventy-five (75) employees and
volunteers be allowed on the site, and Chair Pro-Tem Kirkmeyer requested Development
Standard #3 be modified to state, "The operation of the facility is limited to seventy-five (75) staff
and volunteers on a daily basis." Upon clarification from the Acting Clerk to the Board, the
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Board concurred with the modification of Condition of Approval #1.B and Development
Standard #3, as suggested by Chair Pro-Tem Kirkmeyer, and the modification of Condition of
Approval #1.D.5, as requested by Mr. Ogle. Commissioner Long questioned whether the hours
of operation are adequately listed within Development Standards #4 and #5, and in response,
Mr. Craig indicated it may be easier to request daylight hours on a year-round basis. Chair
Pro-Tern Kirkmeyer suggested the modification of Development Standard #4 to state, "The
facility is open for business from 8:30 a.m., through sunset, daily.", and further suggested the
deletion of Development Standard #5. The Board concurred with the modifications, as
proposed. In response to Chair Pro-Tem Kirkmeyer, Mr. Craig confirmed he concurs with the
Conditions of Approval and Development Standards, as amended.
Commissioner Conway moved to approve the request 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, based on the recommendations of Planning staff and the
Planning Commission, with the Conditions of Approval and Development Standards as entered
into the record. His motion included the modification of Condition of Approval #1.B to state,
"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."; the modification of Condition of
Approval #1.D.5 to state, "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."; the modification of Development
Standard #3 to state, "The operation of the facility is limited to seventy-five (75) staff and
volunteers on a daily basis."; the modification of Development Standard #4 to state, "The facility
is open for business from 8:30 a.m., through sunset, daily"; and the deletion of Development
Standard #5, with the required re-numeration. The motion was seconded by Commissioner
Long, and it carried unanimously. There being no further discussion, the hearing was
completed at 10:30 a.m.
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HEARING CERTIFICATION - ROCKY MOUNTAIN WILDLIFE CONSERVATION CENTER,
DBA THE WILD ANIMAL SANCTUARY (AMUSR-1253)
PAGE 5
This Certification was approved on the 22nd day of November, 2010.
BOARD OF COUNTY COMMISSIONERS
LD COUNTY, COLORADO
ATTEST: ", as 146"L`J 1 P. C ED
isei �
— \.1 Dou Ids Rademacher, hair
Weld County Clerk to the Board o",,
rbara Kirkmey r Pro-Tem
BY: ,I" "1 �M 4
Dep Clerk o the Board
Sean P. Conway
EXCUSED
Willi Garcia
ca. , CA
David E. Long
2010-2786
PL1371
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EXHIBIT INVENTORY CONTROL SHEET
Case AmUSR#1253 - ROCKY MOUNTAIN WILDLIFE CONSERVATION CENTER,
DBA THE WILD ANIMAL SANCTUARY
Exhibit Submitted By Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes dated 11/02/2010)
D. Planning Staff E-mail re: modification of Condition of Approval #1.D.5
E. Planning Staff E-mail from Anadarko, dated 11/17/2010
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