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HomeMy WebLinkAbout20201862.tiffHEARING CERTIFICATION DOCKET NO. 2020-43 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR20-0009, FOR A KENNEL, AND FOR THE KEEPING, RAISING OR BOARDING OF EXOTIC ANIMALS IN THE A (AGRICULTURAL) ZONE DISTRICT - ELLEN OMAN, C/O KEATON CRAWFORD A public hearing was conducted on June 24, 2020, at 10:00 a.m., with the following present: Commissioner Mike Freeman, Chair Commissioner Steve Moreno, Chair Pro-Tem Commissioner Scott K. James Commissioner Barbara Kirkmeyer Commissioner Kevin D. Ross Also present: Acting Clerk to the Board, Jess Reid Assistant County Attorney, Bob Choate Planning Services Department representative, Diana Aungst Public Works Department representative, Melissa King Health Department representative, Lauren Light The following business was transacted: e I hereby certify that pursuant to a notice dated May 12, 2020, and duly published May 20, 2020, in the Greeley Tribune, a public hearing was conducted to consider the request of Ellen Oman, c/o Keaton Crawford, for a Site Specific Development Plan and Use by Special Review Permit, USR20-0009, for an animal boarding and animal training facility, a kennel, and for the keeping, raising or boarding of exotic animals in the A (Agricultural) Zone District. Bob Choate, Assistant County Attorney, made this a matter of record. e Diana Aungst, Department of Planning Services, presented a brief summary of the proposal, provided the general location of the site, stated 19 referrals were sent out and four (4) agencies responded. She indicated the USR application is being heard today and there is a possibility of a Zoning Permit for Certain Uses in an Agricultural Zone (ZPAG) to be reviewed at a future date. She relayed the applicant would like to keep up to 50 exotic/unregulated, wildlife animals on the property, such as a zonkey (zebra/donkey hybrid), giant tortoises, red kangaroos, and up to 50 household pets. She recommended the Board remove a portion of the request, which reads, "an animal boarding and animal training facility", as the applicant will not exceed the number of animal units, or 60 trips per day. She mentioned the applicant is proposing to construct a 50 x 80 foot barn and described the surrounding residences and uses. She noted the Department of Planning Services sent notice to ten (10) surrounding property owners (SPOs), stated several letters of concern were received, outlined the concerns, and explained the letters primarily addressed the possible, future business on the property. She indicated the site is located within the three (3) mile referral area of the Cities of Fort Lupton and Brighton and the Town of Lochbuie, within the Coordinated Planning Agreement area (CPA) of the City of Fort Lupton, and referenced the Future Land Use Maps of each of the aforementioned municipalities. Ms. Aungst entered the favorable recommendation of the Planning Commission (PC) into the record as written, displayed images c�.:p�.lo�►1-�) , QrslMw /DA) (LL._ 112B1 2O2a 2020-1862 PL2755 HEARING CERTIFICATION - ELLEN OMAN, C/O KEATON CRAWFORD (USR20-0009) PAGE 2 of the site and surrounding views and mentioned several letters of support had been received. In response to Commissioner James, Mr. Choate clarified staff's recommendation to delete part of the request and indicated the notice was not affected by the change, due to it being a reduction in the intensity of the use. e Melissa King, Department of Public Works (PW), stated access for the parcel will be on County Road (CR) 6, explained the applicant needs to obtain an access permit, and indicated there is no additional traffic associated with the site. She noted the site meets an exception to detention and presented the grading requirements. e Lauren Light, Department of Public Health and Environment, stated water will be supplied by an individual, domestic well, there is a septic system permitted for two (2) people that serves the existing barn, and a septic system permitted for four (4) bedrooms serves the residence. She reviewed applicable Development Standards (DS), stated DS #22 (compliance with the Colorado Department of Agriculture (CDA), Division of Animal Industry Regulations) can be deleted, as it is a duplicate of DS #20, and stated DS #13-21 address Environmental Health items. Keaton Crawford, applicant, stated her family will be moving to the property and expressed their love of the animals. She described her family's long history caring for animals and asked that SPOs refrain from commenting on any speculative business, as that is not relevant to the USR application. IE Lance Fondron, Inked Land Company, LLC, represented the applicant and reiterated there was a previous misunderstanding of the purpose of the USR application versus an application related to a business. At Commissioner Kirkmeyer's request, Mr. Choate clarified the Board can only consider information relevant to the subject USR, confirmed the hearing before the Board is to consider the kennel and the exotic animals, and Mr. Fondron explained why kangaroos are defined as exotic animals. He mentioned the property is currently owned by Ellen Oman and is under contract by the Crawfords, contingent on approval of the USR, and stated the applicants intend to maintain the agricultural nature of the property. He shared a PowerPoint presentation (Exhibit G) describing images of the site and animals and stated the applicants would maintain the existing field, stables, corrals and residence. He reviewed the public feedback provided at the PC hearing, described adjacent uses, stated there would be no material impact in feces or odors, and noted the access is on an existing, shared easement, which has a Road Maintenance Agreement in place with the other party. He discussed the impact to neighborhood aesthetics and activities, mentioned, at their current enclosure, the kangaroos have never escaped and have no history of diseases, and provided images of the applicant's existing facilities. e Barron Davis, SPO, expressed concerns about a potential business and Mr. Choate explained the ZPAG is an administrative process, unless the Director of Planning Services determines the decision should be made by the Board of County Commissioners, which typically happens when there is opposition by SPOs. Chair Freeman explained the hearing before the Board was not related to a business and Mr. Davis indicated he would like to be notified if a ZPAG Permit is applied for. 2020-1862 PL2755 HEARING CERTIFICATION - ELLEN OMAN, C/O KEATON CRAWFORD (USR20-0009) PAGE 3 e At the request of Commissioner Kirkmeyer, Tom Parko, Director of the Department of Planning Services, explained the ZPAG process and reiterated SPOs will be notified and afforded the opportunity to comment on the proposed ZPAG. Chair Freeman confirmed there will be a sign notification posted on the subject property. IR Taylor Hickum, SPO of the Crawford's current home, expressed the Crawford's take excellent care of their animals and have the knowledge to care for the different species. e Patrick Wilson, acquaintance, stated he is in support of application and indicated the Crawford's have taught him to respectfully treat and care for large animals. e There was discussion about where "an animal boarding and animal training facility' needed to be deleted and Chair Freeman stated the Board would remove the language, where applicable, while reviewing the Conditions of Approval and Development Standard (DS). In response to Commissioner James, Ms. Aungst explained the requirements of COA #1.B (State of Colorado Department of Agriculture) and #1.C (Colorado Division of Parks and Wildlife (CPAW)). In response to Chair Freeman, there was discussion about COA #1.A (existing unpermitted access onto CR 6) and Mr. Choate clarified, the applicant and the other party each need to apply for separate Access Permits, at the same location, but because of the existing Access Easement, both parties have a right to use the access. Ms. Crawford stated she spoke to the Colorado Department of Agriculture who relayed there is no licensure needed for the animals the applicant currently has. She stated she removed, from the list of prospective animals, the species the CPAW considers regulated, and after discussion the Board decided to retain COA #1.B and #1.C. Chair Freeman suggested deleting "an animal boarding and animal training facility" from DS #1 (recitation of application request), and Commissioner Kirkmeyer suggested deleting DS #7 (maintenance of parking area). In response to commissioner Kirkmeyer, Ms. Crawford confirmed she had met the requirements of the CPAW and Commissioner Kirkmeyer suggested changing DS #6 to list the animals not permitted to be onsite. She also suggested correcting "the State of Colorado Department of Parks and Wildlife" to read, "the Colorado Division of Parks and Wildlife", and Chair Freeman suggested making the same change in COA #1.C. There was discussion about the Dark Sky Policy and DS #24 (sources of light shall be shielded), but no changes were made, Ms. Aungst requested the Board delete COA #5 (As -Build Drawings), per a memorandum from PW, and the Board agreed to all of the aforementioned changes. El No public testimony was offered regarding changes made to the Conditions of Approval and Development Standards. El In response to Chair Freeman, Ms. Crawford indicated she had reviewed, and agreed to abide by, the Conditions of Approval and Development Standards, as amended. e Commissioner Ross moved to approve the request of Ellen Oman, do Keaton Crawford, for a Site Specific Development Plan and Use by Special Review Permit, USR20-0009, for a kennel, and for the keeping, raising or boarding of exotic animals 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 amended. The motion was seconded by 2020-1862 PL2755 HEARING CERTIFICATION - ELLEN OMAN, C/O KEATON CRAWFORD (USR20-0009) PAGE 4 Commissioner Moreno, and it carried unanimously. Commissioner Moreno commended the applicant and her sister for being professional horse riders and there being no further discussion, the hearing was completed at 1:55 p.m. This Certification was approved on the 29th day of June, 2020. 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