HomeMy WebLinkAbout20021056 RESOLUTION
RE: ACTION OF THE BOARD CONCERNING SITE SPECIFIC DEVELOPMENT PLAN
AND USE BY SPECIAL REVIEW PERMIT#1369 FOR A KENNEL NOT TO
EXCEED 25 DOGS, TEN HORSES, AND FIVE CATS IN THE A (AGRICULTURAL)
ZONE DISTRICT - DAVID AND LONA COWAN
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 22nd day
of May, 2002, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of David and Lona Cowan, 7309 Henry Street, Fort Lupton, Colorado
80621, for a Site Specific Development Plan and Use by Special Review Permit#1369 for a
Kennel not to exceed 25 dogs, ten horses, and five cats in the A (Agricultural) Zone District on
the following described real estate, to-wit:
Lot 8, Block 45, Aristocrat Ranchettes, Second
Filing, located in Section 27, Township 2 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, said applicant was present at said hearing, 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 recommendations 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 denied for the following
reasons:
1. It is the opinion of the Board of County Commissioners that the applicant has not
shown compliance with the Weld County Code as follows:
a. Section 23-2-230.B.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
applicants currently have three horses and sixteen dogs and are
requesting co 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
(1( : ✓n7 /P/L ✓GtJ/ &L ) 2002-1056PL1604
DENY SPECIAL REVIEW PERMIT#1369 - DAVID AND LONA COWAN
PAGE 2
east. Although kennels allow for more animals than permitted as a Use
by Right in the A (Agricultural) Zone District, 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.B.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. In a referral received January 29, 2002, the Weld County Sheriffs
Office stated it"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 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 23-2-230.B.4 -- The uses which would be permitted would 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 its
interests; however, it wanted assurance that animal waste be handled
properly to prevent off-site odor, dust, runoff, and mitigation of
contaminants into the groundwater. The City of Fort Lupton also
expressed concern about the number of animals proposed for such a
small site.
2002-1056
PL1604
DENY SPECIAL REVIEW PERMIT #1369 - DAVID AND LONA COWAN
PAGE 3
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 22nd day of May, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY,
�LO ATTEST: ausI `� ° ,40 Glen aad, Chair
Weld County Clerk to the j1anff 03' (�
1861 t±.gir^ j''�`'\ `,.I�,�
;� , avid . ng, Pro-Tem
BY: do
Deputy Clerk to the Bo 114J � � 0.tx,
M. J. Geile
APP R AS a FO : •
liam H. Jerke n
i my torne
ihic\
Robert D. Masden
Date of signature:
2002-1056
PL1604
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