HomeMy WebLinkAbout20021057 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Cristie Nicklas that the following resolution be introduced for denial by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR-1369
PLANNER: Carla Angeli
APPLICANT: Lana & David Cowan
7309 Henry Street
Fort Lupton, CO 80621
REQUEST: A Site Specific Development Plan and a Special Review Permit
for a dog kennel not to exceed twenty-five (25) dogs, ten (10)
horses, and five (5)cats in the A(Agricultural)Zone District
LEGAL DESCRIPTION: Section 27, Township 2 North, Range 66 West of the 6th P.M.,
Weld County, Colorado, further described as Lot 8, Block 45,
Aristocrat Ranchettes, second filing
LOCATION: Approximately 1/2 mile South of Weld County Road 18, North of
and adjacent to Lamb Avenue and West of and adjacent to
Henry Street
be recommended unfavorably to the Board of County Commissioners for the following reasons:
1. It is the opinion of the Planning Commission that the applicant has not shown compliance with
Section 23-2-220 of the Weld County Code as follows:
a. Section 23-2-220.A.1 --The proposal is not consistent with Chapter 22 of the Code and
any other applicable code provision or ordinance in effect. The proposed site is located
on one (1)acre in the Aristocrat Ranchettes Subdivision. The current zoning allows for
four(4) livestock animals per acre as stated in Section 23-1-90 of the Weld County
Code. The applicant currently has three horses and sixteen dogs and is requesting to
house up to twenty-five (25) dogs, ten (10) horses, and five (5)cats. The site contains
two fenced in areas for the dogs and a barn and pen for the horses. There is not a
sufficient number of dog houses for each dog and the manure and dog waste is not
currently disposed of properly. The site adjoins residential properties to the north and
west and is within one hundred (100)feet of the property owners to the south and east.
Although kennels allow for more animals than permitted as a use by right in the
agricultural zone, they should be permitted in areas that can support the additional
animals. There is a current violation, VI-0100226, pending on the site. As proposed, the
site is not capable of handling the number of animals the applicant is requesting. The
existing conditions and environment does not justify granting the permit.
b. Section 23-2-220.A.3 --The uses which will be permitted will not be compatible with the
existing surrounding land uses. The Aristocrat Ranchettes Subdivision is zoned A
(agricultural) and does allow for household pets and farm animals on the property.
However, the impacts of having additional animals on site does show cause for concern
for the health, safety, welfare, and quality of life of the Weld County residents living
nearby. Surrounding property owners will be exposed to higher noise levels and
additional odors. Also there is a concern about the quality of care that can be given to
all of these animals on a one (1) acre site. The Weld County Sheriff's office referral
received January 29, 2002, "has serious concerns regarding this becoming a significant
nuisance in the Aristocrat Acres area". The Sheriff's office also has significant
limitations as to what enforcement can be done after a permit is issued...". Animal
1 IBIT
2002-1057
Control visited the site on March 1, 2002, case#1014 was written up in response to the
condition and care of the animals located on the Cowan property. The report
documented that no food or water was found in the dog pens or water for the horses.
One female dog was looked at by the officer and reported to have a "swollen foot with a
wound that was untreated", neck sores from the chain digging into the dog's skin, and
"crusty lesions on the nose, forehead, and around both eyes". The Department of
Planning Services' has received three letters opposing this request.
c. Section 23-2-220.A.4 --The uses which will be permitted will not 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 proposed site is not influenced by an Intergovernmental
Agreement but is within the three mile referral area of the City of Fort Lupton. The City
of Fort Lupton Planning Commission referral received January 31, 2002, indicated no
conflicts with their interests, however had two areas of concerns. The first being, that
the animal waste is handled properly to prevent off-site odor, dust, runoff, and mitigation
of contaminants into the groundwater. The second concern is about the number of
animals proposed for such a small site.
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.
Motion seconded by John Folsom.
VOTE:
For Passage Against Passage
Michael Miller
Bryant Gimlin
Cristie Nicklas
Cathy Clamp
Fred Walker
John Folsom
Luis Llerena
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, Voneen Macklin, 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 March 19, 2002.
Dated the 19' of March, 2002.
Voneen Macklin
Secretary
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