HomeMy WebLinkAbout20102746.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
• Moved by Jason Maxey,that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: AmUSR-1253
APPLICANT: Rocky Mountain Wildlife Conservation Center dba The Wild Animal Sanctuary
PLANNER: Kim Ogle
REQUEST: AmUSR-1253-A Site Specific Development Plan and Amended Use by Special
Review Permit 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.
LEGAL DESCRIPTION: Lot A and Lot B RE-2344, Part N2NW4 of Section 28,Ti N, R64W; Lot A and
Lot B Corrected AmRE-2541, Part S2SW4 of Section 28,Ti N, R64W; Lot A
and Lot B RE-4034, Part E2SE4 of Section 20, Ti N, R64W; N2SW4 of Section
21, Ti N, R64W of the 6th P.M.,Weld County, Colorado.
LOCATION: North and south of and adjacent to vacated CR 6; West and east of and
adjacent to CR 53.
be recommended favorably to the Board of County Commissioners 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.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section
23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.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 that focuses on preserving open
space, habitat, grasslands, and providing environmental amenities and enrichment for the
animals on premises. The facility is compatible with dry-land crop farming and CRP uses
found in the area.
Section 22-2-20.1. A.Goal 9. 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 Wildlife Sanctuary provides 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.I.A.Policy 9.5.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.
Section 22-2-20.J. A.Goal 10. The County recognizes the right to farm.
Section 22-3-70. 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 sanctuary's, et cetera. 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. (Weld County Code
Ordinance 2002-6; Weld County Code Ordinance 2008-13) The purpose of the facility is
to rescue animals that come in from a referral from regulatory and/or law enforcement
EXHIBIT
2010-2746 1 g
AvIVSK-fre4P 3
Resolution AmUSR-1253
Rocky Mountain Wildlife Conservation Center
Page 2
• 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, et cetera.
B. Section 23-2-220.A.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.4
for an 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 Keeping, raising or boarding of exotic animals; Section
23-3-40.H kennels and Section 23-3-40.C.5 Recreational facilities and uses including: Guest
farms in the A(Agricultural) Zone District.
C. Section 23-2-220.A.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 row crops, predominately irrigated corn fields. Limited oil and
gas activities are present. A recently approved Change of Zone application for a 9-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, dated
September 26, 2010, for the protection of both developments from adverse compatibility
issues that may arise through the establishment of a residential subdivision adjacent to The
Wild Animal Sanctuary. Staff contends that the existing use is compatible and that the
Development Standards and Conditions of Approval will ensure that this use is compatible
with adjacent uses.
D. Section 23-2-220.A.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 3-mile referral area for the Towns of Keenesburg
and Hudson and Adams County; the Town of Keenesburg in their referral dated August 11,
2010 and the Town of Hudson Planning commission in their referral dated September 8,
2010 returned a referral indicating no conflicts with their interests. Adams County did not
return a referral.
E. Section 23-2-220.A.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 County Road Impact Program. (Ordinance 2002-11)
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. (Ordinance 2005-8 Section 5-8-40)
F. Section 23-2-220.A.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 in land
designated as "Other" according to the according to the U.S.D.A. Soil Conservation Map,
dated 1979.
Resolution AmUSR-1253
Rocky Mountain Wildlife Conservation Center
Page 3
• G. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240, Weld County Code),
Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and
Development Standards ensure that there are adequate provisions for the protection of
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.
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Planning Commission recommendation for approval is conditional upon the following:
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 in ownership for a well permit, received with the
application. The well permits indicate use is limited to ordinary household purposes,watering
of domestic animals and livestock, and irrigation of not more than 1 acre of home gardens
and lawns. The use of the wells for the animal sanctuary requirements shall be verified in
writing by the Division of Water Resources. A change in use for the well permits may be
required. The applicant shall submit written evidence to the Departments of Environmental
Health 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. (Department of Public Health & Environment)
B. Applicants that can show written evidence that an adequate attempt has been made to obtain
a Surface Use Agreement will be allowed to continue the process to completion.
(Department of Planning Services)
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. (Department of Planning Services)
D. The plat shall be amended to delineate the following:
1. The attached Development Standards. (Department of Planning Services)
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 build out. 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. (Department of Public
Works)
3. Seventy-five (75) parking spaces for the Wildlife Sanctuary and affiliated
improvements must be delineated on the plat. Parking should include a possible
overflow area necessary for fund raising 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. (Department of
• Planning Services)
4. All on-site lighting must be delineated on the plat. (Department of Planning Services)
Resolution AmUSR-1253
Rocky Mountain Wildlife Conservation Center
Page 4
• 5. If additional freestanding signs are proposed, the location shall be shown on the plat
a minimum of twenty(20)feet from County Road 53. The size of the sign is limited
to sixteen (16) square feet. (Department of Planning Services)
6. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
7. All plat sheets shall be labeled AmUSR-1253. (Department of Planning Services)
E. The applicant shall submit three (3) paper copies of the plat for preliminary approval to the
Weld County Department of Planning Services. (Department of Planning Services)
2. Upon completion of 1. above the applicant shall submit a Mylar plat along with all other documentation
required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County
Clerk and Recorder by Department of Planning Services' Staff. 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.
(Department of Planning Services)
3. The Department of Planning Services respectively 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,Arclnfo Coverages and Arclnfo Export files format type is .e00.
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 (Department of Planning Services)
Motion seconded by Bill Hall.
• VOTE:
For Passage Against Passage Absent
Robert Grand
Bill Hall
Tom Holton
Alexander Zauder
Erich Ehrlich
Roy Spitzer
Mark Lawley
Nick Berryman
Jason Maxey
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission,do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on November 2, 2010.
Dated the god of November, 2010.
• Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
AMENDED SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
• Rocky Mountain Wildlife Conservation Center
dba The Wild Animal Sanctuary,
c/o Patrick Craig
AmUSR-1253
1. A Site Specific Development Plan and Amended Use by Special Review Permit for the keeping,
raising or boarding of exotic animals; as an Agricultural Service establishments 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 subject to the Development Standards stated
hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. The facility is limited to twenty-five staff and volunteers on a daily basis. (Department of Planning
Services)
4. The facility is open for business 8:30 AM through 4:30PM daily. (Department of Planning Services)
5. The facility is open for business 8:30 AM to sunset daily, Memorial Day to Labor Day of any given
year. (Department of Planning Services)
6. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (USR-1253) (Department of Public
Health & Environment)
• 7. 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, 30-20-100.5, C.R.S., as amended. (USR-1253) (Department of
Public Health & Environment)
8. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions. (USR-
1253) (Department of Public Health & Environment)
9. The applicant shall operate in accordance with the approved "waste handling plan". (Department
of Public Health & Environment)
10. 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. (Department of Public
Health & Environment)
11. 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". (Department of Public Health &
Environment)
12. This facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone
as delineated in Section 14-9-30 of the Weld County Code. (USR-1253) (Department of Public
Health & Environment)
13. Adequate drinking, handwashing and toilet facilities shall be provided for employees, volunteers
and patrons of the facility, at all times. (USR-1253) (Department of Public Health & Environment)
14. In the event 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. (USR-1253) (Department of Public Health & Environment)
Resolution AmUSR-1253
Rocky Mountain Wildlife Conservation Center
Page 6
• 15. The disposal of all sewage generated at the site shall comply with the Weld County Individual
Sewage Disposal System Regulations. (USR-1253) (Department of Public Health & Environment)
16. 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. (USR-
1253) (Department of Public Health & Environment)
17. This application is utilizing wells as its source of water. The applicant should be made aware that
while they may be able 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, etc. Also, the applicant should be made aware that groundwater may not meet
all drinking water standards as defined by the Colorado Department of Public Health and
Environment. We strongly encourage the applicant to test their drinking water prior to
consumption and periodically test it over time. (Department of Public Health & Environment)
18. The operation shall maintain all applicable and valid permits from the United States Department of
Agriculture and the Division of Wildlife. (USR-1253) (Department of Public Health & Environment)
19. The operation shall comply with all applicable rules and regulations of State and Federal agencies
and the Weld County Code. (Department of Public Health & Environment)
20. The historical flow patterns and run-off amounts will be maintained on 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 run-off rate and velocity increases, diversions, concentration and/or unplanned
ponding of storm run-off. (Department of Public Works)
• 21. 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. (Department of Public Works)
22. The existing residential access and gravel driveway shall be graded and drained to provide all
weather access to the facility. (Department of Public Works)
23. There will be no parking or staging of vehicles associated with this facility on the County Roads.
(Department of Public Works)
24. 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. Include a Code Analysis Data sheet for the Weld County Building
Department for each structure that requires a permit. Submittal plans shall include a floor plan
showing the specific uses of each area for the building. Plans shall bear the wet stamp of a Colorado
Licensed Architect or Engineer. (Department of Building Inspection)
25. Buildings shall conform to the requirements of the various codes adopted at the time of permit
application. Currently the following has 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. (Department of Building Inspection)
26. All building plans shall be submitted to the Hudson-Keenesburg Fire Protection District for review and
approval prior to issue of building permits. (Department of Building Inspection)
27. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to
• the fee structure of the County Road Impact Program. (Ordinance 2002-11)
Resolution AmUSR-1253
Rocky Mountain Wildlife Conservation Center
Page 7
• 28. 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.
(Ordinance 2005-8 Section 5-8-40)
29. The landscaping on site shall be maintained in accordance with the approved Landscape and
Screening Plan. (Department of Planning Services)
30. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
31. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
32. Personnel from the Weld County Government 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.
33. The 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.
34. 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.
• 35. "No Trespassing" signs shall be posted around the perimeter fence at 500-foot intervals.
36. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural
counties in the United States, typically ranking in the top ten counties in the country in total market
value of agricultural products sold. The rural areas of Weld County may be open and spacious, but
they are intensively used for agriculture. Persons moving into a rural area must recognize and accept
there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of
services than in town. Along with the drawbacks come the incentives which attract urban dwellers to
relocate to rural areas: open views, spaciousness,wildlife, lack of city noise and congestion,and the
rural atmosphere and way of life. Without neighboring farms, those features which attract urban
dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural
activities will generate off-site impacts, including noise from tractors and equipment; slow-moving
farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from
animal confinement, silage and manure; smoke from ditch burning;flies and mosquitoes;hunting and
trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and
fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations. A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
•
Resolution AmUSR-1253
Rocky Mountain Wildlife Conservation Center
Page 8
• Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved"out of the way"of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice
the size of the State of Delaware)with more than three thousand seven hundred(3,700)miles of state
and county roads outside of municipalities. The sheer magnitude of the area to be served stretches
available resources. Law enforcement is based on responses to complaints more than on patrols of
the County, and the distances which must be traveled may delay all emergency responses, including
law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must
leave their jobs and families to respond to emergencies. County gravel roads, no matter how often
they are bladed, will not provide the same kind of surface expected from a paved road. Snow
removal priorities mean that roads from subdivisions to arterials may not be cleared for several days
after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal
services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches,electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock,and
open burning present real threats. Controlling children's activities is important, not only for their
safety, but also for the protection of the farmer's livelihood.
•
•
11-a-.7O11)
• Sixteen referral agencies reviewed this case, ten responded favorably or included conditions that have been
addressed through development standards and conditions of approval.
Mary Evett, Environmental Health, stated that the modular home on the property will be available for restroom
purposes. There is an existing septic system for the modular home which is sized for three bedrooms or six
people. There are no employees or customers who will come to the site,only persons residing at the property;
therefore the septic system does not have to be reviewed by an engineer. There is a well on the property that
is permitted for domestic purposes only. Staff received a letter dated October 18, 2010 from the Division of
Water Resources stating that as long as the construction company will be operated solely by the property
owner and no customers will visit the site, the well may be used for its permitted use. If there are employees
in the future or if customers come to the site then they will need to get a well permit for commercial use. .
Heidi Hansen, Public Works, stated that County Road 22.5 is a local, gravel road requiring 60 feet of right-of-
way which is current. The applicants are utilizing the existing paved accesses. They will be providing a water
quality depression for stormwater runoff control.
Nancy Bohling, 10501 25.5, Ft. Lupton introduced her daughter Dawn Thurston. Ms. Bohling stated that she
performs the bookwork for their business at their home. They build homes at the job sites. The only business
done on the farm is the bookwork and storage of some equipment. Ms. Thurston stated that they do not
intend to make any additions or improvements on the property.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Ms. Martin proposed a new Condition of Approval 5 to state "The applicant shall address the conditions of
approval and submit a mylar for recording for Recorded Exemption 5050."
• Mark Lawley moved to add a new Condition of Approval 5 as stated by staff and renumber accordingly,
seconded by Erich Ehrlich. Motion carried.
The Chair asked the applicant if they read through the amended Development Standards and Conditions of
Approval and if they are in agreement with those. The applicants replied that they are in agreement.
Mark Lawley moved that Case USR-1757, be forwarded to the Board of County Commissioners along with the
amended Conditions of Approval and Development Standards with the Planning Commission's
recommendation of approval, seconded by Erich Ehrlich.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman, absent; Erich Ehrlich,yes; Robert Grand, absent; Bill Hall,yes; Alexander Zauder, absent;Jason
Maxey, yes; Roy Spitzer, absent; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously.
Staff stated that the applicant for the next case on the agenda has not arrived yet and asked to hear the
following Case AmUSR-1253.
The Chair read the following case into record.
CASE NUMBER: AmUSR-1253
APPLICANT: Rocky Mountain Wildlife Conservation Center dba The Wild Animal Sanctuary
PLANNER: Kim Ogle
REQUEST: AmUSR-1253-A Site Specific Development Plan and Amended Use by Special
Review Permit 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.
• LEGAL DESCRIPTION: Lot A Corrected AmRE-2541, Part S2SW4 of and Lot B RE-2344, Part N2NW4 of Sectioon n 28,Ti N6 64W 4W; tLot Ad
C./
0
• and Lot B RE-4034, Part E2SE4 of Section 20,Ti N, R64W; N2SW4 of Section
21,T1N, R64W of the 6th P.M., Weld County, Colorado.
LOCATION: North and south of and adjacent to vacated CR 6;West and east of and
adjacent to CR 53.
Kim Ogle, Planning Services, stated that the existing 65 acre facility is primarily an agricultural based entity
that focuses on the preservation of open space, habitat grasslands and providing environmental amenities in
enrichment for the animals on premise. The large tracts of land under the control of the Wildlife Sanctuary
provide for a natural buffer between adjacent properties and uses. The sanctuary is primarily a developed and
open grassland habitat 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 should this use go away.
The uses which would be permitted if this application is approved are compatible with the existing and
surrounding land uses. In the general vicinity of the proposed 320 acre facility 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 row crops. 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 impacts and conflicts between these two
land uses including setback and buffering between the animals and the residential development.
Representatives from both parties have entered into an agreement dated September 26, 2010 for the
protection of both developments from adverse compatibility issues that may arise from the establishment of
this residential subdivision.
The site is located within the three mile referral area of the Towns of Keenesburg, Hudson and Adams County.
The Town of Keenesburg in their referral dated August 11, 2010 and the Town of Hudson in their referral
dated September 8, 2010 indicate no conflicts with their interests. Adams County did not return a referral.
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 capture of large carnivores do not make good pets. This is achieved
through education of visitors to the sanctuary. The education center at the sanctuary provides detailed
information in the rescue and care of the exotic animals through posters and videos.
Twenty-one referral agencies reviewed the case; seven agencies offered comments, some with specific
conditions.
Staff did receive a letter of opposition from an adjacent property owner this morning who has lands adjacent to
the west of the facility. There are no other forms of correspondence, telephone calls or electronic email
concerning this application.
The Department of Planning Services recommends approval of the application along with the attached
conditions of approval and development standards.
Lauren Light, Environmental Health, stated that water is provided by several wells. The wells are currently
permitted for watering of domestic animals and ordinary household purposes therefore staff is requesting
documentation from the Division of Water Resources that the wells can be used for the animal sanctuary.
She added that the wells may need to be re-permitted. There are four septic permits associated with the site.
Heidi Hansen, Public Works, stated that County Road 53 is a local, gravel road requiring 60 feet of right-of-
way which is current. They utilize a single access from County Road 53. When they expand west they will
need a westerly access off of County Road 53;therefore the applicant will need to submit an access permit for
that request. The site is mainly open grassland therefore stormwater runoff control is not required.
Pat Craig, Executive Director of Animal Sanctuary, 1946 CR 53, stated that this request is to expand the
•
habitat for the animals. He added that there may be additional educational facilities developed in the future on
the 320 acres.
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• Mr. Craig said that they have had conversations with the Division of Water Resources and they have
submitted the application to change the wells to commercial use.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Dirk Bassinger, Anadarko Petroleum Corporation, 1099 18th St, Ste 1800, Denver CO, stated that he
represents Anadarko Land Corporation. Mr. Bassinger said that they submitted an objection letter to Weld
County dated September 3,2010. He added that Anadarko entities together own all the minerals that underlie
the portion of the lands in Section 21. Current rules and regulations of the Colorado Oil and Gas Conservation
Commission allow for five (5) drilling windows in each quarter section where the property is located. This
means that there are four (4) undrilled drilling windows in the southwest corner of Section 21. Anadarko
entities regularly work with developers and surface owners to reach agreements for the compatible
development of the surface estate and mineral estate or some other disposition of the minerals.
Representatives of Anadarko entities have met with Mr. Craig and have discussed location for oil and gas
operation areas and other oil and gas facilities, the terms of agreement and mutual use of the property for
existing and future oil and gas operations and the uses proposed by the applicant. As of this date,there is no
agreement that has been made and Anadarko does not foresee any agreement not being reached. Anadarko
entities request to preserve the rights under the Colorado Statutes and request that the County include as a
condition for the approval for any final application for development that an agreement be reached between the
applicant and Anadarko entities.
Mr. Ogle noted that Mr. Bassinger was referring to Condition of Approval 1.B. Commissioners Holton and
Lawley believed that the code stated the applicant shall attempt to reach an agreement. Mr. Holton suggested
amending Condition of Approval 1.B to read "Applicants that can show written evidence that an adequate
attempt has been made to obtain a Surface Use Agreement will be allowed to continue the process to
completion."
• Mark Lawley moved to amend Condition of Approval 1.B as stated, seconded by Bill Hall. Motion carried.
The Chair asked the applicant if he read through the amended Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that he is in agreement.
Jason Maxey moved that Case AmUSR-1253, be forwarded to the Board of County Commissioners along with
the amended Conditions of Approval and Development Standards with the Planning Commission's
recommendation of approval, seconded by Bill Hall.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman, absent; Erich Ehrlich, yes; Robert Grand, absent; Bill Hall, yes; Alexander Zauder, absent; Jason
Maxey, yes; Roy Spitzer, absent; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously.
CASE NUMBER: USR-1758
APPLICANT: Javier Barron-Sixtos
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for an Oil
and Gas Support and Service Facility(roust-a-bout) in the A(Agricultural)Zone
District.
LEGAL DESCRIPTION: Lot A RE-2266; Section 16,T2N, R66W of the 6th P.M.,Weld County,
Colorado.
LOCATION: South of and adjacent to CR 22; 0.5 miles west of CR 31.
Staff stated that the applicant, Javier Barron-Sixtos is unable to make the hearing meeting today and has
requested a continuance of case USR-1758.
Bill Hall moved to continue Case USR-1758 to the December 7, 2010 Planning Commission meeting,
seconded by Mark Lawley. Motion carried.
Trevor Jiricek, Planning Director, presented the 2011 Planning Commission hearing dates. Mr. Jiricek noted
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