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Home My WebLink About20230462.tiffHEARING CERTIFICATION DOCKET NO. 2023-09 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR22-0031, FOR A KENNEL (CAT RESCUE SHELTER) IN THE A (AGRICULTURAL) ZONE DISTRICT — BRENDA HART A public hearing was conducted on March 1, 2023, at 10:00 a.m., with the following present: Commissioner Mike Freeman, Chair Commissioner Perry L. Buck, Pro-Tem Commissioner Scott K. James Commissioner Kevin D. Ross Commissioner Lori Saine Also present: Acting Clerk to the Board, Jan Warwick Assistant County Attorney, Karin McDougal Department of Planning Services representative, Maxwell Nader Department of Public Health and Environment representative, Lauren Light The following business was transacted: El I hereby certify that pursuant to a notice dated January 23, 2023, and duly published January 25, 2023, in the Greeley Tribune, a public hearing was scheduled for February 22, 2023, and rescheduled due to inclement weather and closure of County Offices. On March 1, 2023, a hearing was conducted to consider the request of Brenda Hart, for a Site Specific Development Plan and Use by Special Review Permit, USR22-0031, for a Kennel (cat rescue shelter) in the A (Agricultural) Zone District. Karin McDougal, Assistant County Attorney, made this a matter of record. Maxwell Nader, Department of Planning Services, presented a brief summary of the proposal and relayed the cat shelter is a non-profit entity, which manages a trap -neuter -vaccinate -return (TNR) operation. He relayed a Code Violation was initiated (ZCV21-00182) which has been forwarded to the County Attorney and explained if this application is approved and Conditions of Approval (COA) are met, the violation will be closed. He described the site and the existing residence and outbuildings, which serve as the cat rescue. He described the sign posting, and explained 52 surrounding property owners (SPOs) were sent Notices, with no response received during the process; however, the applicant has submitted seven (7) letters of support, and one SPO, who attended the Planning Commission hearing, outlined many concerns such as the location of trapping, the number of cats, the general use of the property as a cat rescue, and the mention of an additional business of an art studio, which is an accessory structure the owner uses for painting and storage of personal art supplies. He shared, per the Development Review staff, the applicant has proposed continued access on Henry Street, and maintains a restricted access onto Caroline Avenue, thus an Access Permit will be obtained to meet the minimum access spacing criteria. He relayed Henry Street and Carolina Avenue are local, gravel roads, which require 60 feet of right-of-way, information submitted indicates traffic will remain residential, which is approximately nine (9) passenger vehicle round trips per day and will include two (2) delivery CC'. PL(TP/MN) .3/2.1/23 2023-0462 PL2856 HEARING CERTIFICATION - BRENDA HART (USR22-0031) PAGE 2 vehicle round trips per week. He explained the applicant has submitted an acceptable Drainage Narrative, the site meets the Stormwater Detention Exception, and the site is located within the Municipal Separate Storm Sewer System (MS4) area, but does not trigger municipal water requirements. Mr. Nader relayed the site is located within the three (3) mile referral area of the City of Fort Lupton, who did not return a referral. The site is also located within the Fort Lupton Coordinated Planning Agreement area, and the Notice of Inquiry (NOI) form provided to the City of Fort Lupton was returned stating the city has no interest in annexation, at this time. Mr. Nader stated one modification is requested to the Draft Resolution and he entered the favorable recommendation of the Planning Commission into the record as written and displayed images of the site and surrounding views. Lauren Light, Department of Public Health and Environment, stated the existing residence is served by the Aristocrat Ranchettes Water Project, with a septic system sized for three (3) bedrooms. She indicated there are no employees currently associated with the rescue; however, if employees or volunteers are added in the future, the septic is adequate for up to six (6) people, and there is a Development Standard (DS) requiring an Engineering Evaluation if it exceeds six (6) people. She shared a Waste Handling Plan was submitted, and a Pet Animal Care Facility license is not required unless they begin boarding or offering adoptions. She stated DS #9 — 18 address Environmental Health items, and there are no outstanding issues with the request. Brenda Hart, applicant, reiterated the practice of TNR, stated the average household they trap for has approximately ten (10) cats, or more, and explained they have trapped as many as 48 cats on one property. She explained she has 12 cats living on property, and eight (8) cats live in her home. Nicholas Gilman, Director of the Weld County Humane Society, stated the applicant operates Front Porch Felines, which is an organization that is credible, licensed and helpful to the community by reducing the population of cats, which in turn helps with reduction of health concerns and depletion of birds. The Board discussed the Conditions of Approval and Development Standards, and accepted the Resolution as presented. Ei In response to Chair Freeman, Ms. Hart indicated she had reviewed, and agreed to abide by, the Conditions of Approval and Development Standards, as presented. Commissioner Saine moved to approve the request of Brenda Hart for a Site Specific Development Plan and Use by Special Review Permit, USR22-0031, for a Kennel (cat rescue shelter) 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 presented. The motion was seconded by Commissioner Ross, and it carried unanimously. There being no further discussion, the hearing was completed at 11:32 a.m. 2023-0462 PL2856 HEARING CERTIFICATION - BRENDA HART (USR22-0031) PAGE 3 This Certification was approved on the 15th day of March, 2023. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ten ATTEST: 4v Slic jdD%A Weld County Clerk to the Board BY: eputy Clerk to the Board Miky-Freerpan, Chair Crrry L. Buc ,, Pro -Tern Sc tt K. James Kevin D. Ross Lori Saine 2023-0462 PL2856 ATTENDANCE LIST NAME - PLEASE PRINT LEGIBLY ADDRESS (CITY, STATE ZIP) EMAIL COUNTYOF RESIDENCE SPEAKING (Y/N)? ,13 i„ L .23 6 ,may ,No .PL ' lo 11,3 G. .€ C,,u,,c-4 4- G sP 1 - 0 cl. leUikb 22•a7 l gsStAaa(, CO 41 fy / SU V \A C, c,.. _3 q o"L(7 u,), 0 __A- I -- L.-- , ,5 _, 9 `'IL,/,' 3) 2--- S %j /}( - (� ) //j / yam (// // `\ (V(igf �kP te�[P� 1 LI Y6 1D (-2b c )Ct � AD\ - �P \ OS-e,SI6c2�9Ic(Auii CQ 0)( k Ju I\A M 6 c� i / /q �a l° 7 s" l` U� � (Tr��r� t�� C3 � � , �-�i `�_b3,, cis G��C�� E�. �•'rr v. � 9p.,,,,,_ ;(py--_—i----/ 7 ZL-1' 6-1(A)A0--. 0e ' of to e cc, -f%AV sf,-4 de ,,✓t �ea ?Vc- V Afrth /,..., `' /,.. G� h . a L 8 oG�j°f' L �-- Y (j . / vy t , /n h u ,h �G: / ti ft i L 0 j der C? .1,A. J 3fq/ / 1/ } ,L , r C7 r X i W C`,,,L C's L5 „r„,i, ,,,. I\e.aI I- -l. I 1 es l KL-Kt.rfr, V..' �. 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ATTENDANCE LIST 3 !-23 ?,Z NAME - PLEASE PRINT LEGIBLY Eckw/n„), ,L,2A NT 3.1,0 CLoai-P_ ADDRESS (CITY, STATE ZIP) coo ce yt, A v f , 7,361;i' 2v/.22A-veyi uc P4(i.2 1.3 (A N. Nt4.. Ave 12o(, forI-6,(0wy GUT /6)0'2-- Mar'i-i A lo) 1,--L9'9W EMAIL meL( (Q 6 w,, COUNTY OF RESIDENCE We y4 1` hJ re rl1�rl�e C'rlJv,+ C}Y� � l4�VF,�1,'N t SPEAKING (Y/N)? L' /'L/ Hello