HomeMy WebLinkAbout20201849.tiff EXHIBIT
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BEFORE THE WELD COUNTY , COLORADO , PLANNING COMMISSION • _COOO1
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Tom Cope , 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 : USR20-0009
APPLICANT : ELLEN OMAN , CIO KEATON CRAWFORD
PLANNER : DIANA AUNGST
REQUEST : A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR AN ANIMAL BOARDING AND ANIMAL TRAINING FACILITY . A
KENNEL . AND THE KEEPING ; RAISING OR BOARDING OF EXOTIC ANIMALS IN
THE A (AGRICULTURAL ) ZONE DISTRICT .
LEGAL DESCRIPTION : LOT 2 REC EXEMPT RE - 1314 . PART S2NW4 SECTION 28 . Ti N . R66W OF THE
6TH P . M . . WELD COUNTY . COLORADO .
LOCATION : APPROXIMATELY 0 . 25 MILES SOUTH OF CR 6 AND APPROXIMATELY 0 . 5
MILES WEST OF CR 31
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 - 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. "
The 57-acre parcel provides space for the property owner to keep exotic animals as well as
animals considered pets and those considered livestock . The applicant proposes to build a
50 'x80 ' barn for the animals . The kennel is not a business but rather the means of tracking the
number of household pets on the site including dogs , cats . rodents , non-venomous , non-exotic
reptiles , and birds . There are no hours of operation or employees . The agricultural use of the
land is in keeping with this goal .
The proposed use is in an area that can support this development and the Development
Standards , and the Conditions of Approval will assist in mitigating the impacts of the facility on
the adjacent properties and ensure compatibility with surrounding land uses and the region .
Section 22-2-20. H - A . Goal 8. states, "Ensure that adequate services and facilities are currently
available or reasonably obtainable to accommodate the requested new land use change for
more intensive development. "
The site is served by a potable water well permit # 184986 and a septic system permit # SP-
0500261 . Per an email from the Division of Water Resources dated March 12 , 2020 , the water
well may be used for the watering of domestic animals and since " domestic animal " is not
defined and does not exclude the exotic animals , the well will not need to be re- permitted as a
commercial well .
B . Section 23-2 -220 . A . 2 . -- The proposed use is consistent with the intent of the A (Agricultural )
Zone District .
Chapter 23 , Article III , Division 1 , Section 23- 3-40 .A provides for , "Animal boarding and animal
training facilities where the maximum number of animal units permitted in Section 23-3- 70. D is
exceeded or traffic to and from the facility exceeds sixty (60) average daily trips. "
RESOLUTION USR20-0009
ELLEN OMAN, CIO KEATON CRAWFORD
PAGE 2
Chapter 23,Article III, Division 1, Section 23-3-40 K provides for, "Keeping, raising or boarding
of exotic animals"
Chapter 23, Article III, Division 1, Section 23-3-40 N provides for, "Kennels, subject to the
additional requirements of Section 23-4-400"
C Section 23-2-220 A 3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses
The adjacent lands consist of pastures, crops, and rural residences There are four (4)
residences surrounding the site Two (2) of residences are within 100 feet of the site and the
other two (2) are 340 and 620 feet west of the site respectively The closest residence is thirty-
seven (37)feet east of the site
There are six (6) USRs within one mile of this site SUP-349 for a hog farm (no longer in
operation) is located east of the site, SUP-93 for a feedlot of 1500 cattle is located south of the
site,USR-1676 for research,repair and manufacture is located west of the site, USR16-0034 for
open pit mining, USR17-0070 for mineral resource development facility and USR17-0032 for a
greater than 12 inch high pressure natural gas pipeline are both located northwest of the site
The Weld County Department of Planning Services sent notice to ten(10)surrounding property
owners within 500 feet of the proposed USR boundary One letter was received from the closest
property owner on May 27, 2020 The letter outlines concern about privacy, traffic, dust,
maintenance of the shared easement,and the impact of cars been lined up in front of her house
due to the applicant having the gates closed to the facility This letter of concern was sent to the
applicant on May 28, 2020
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 a three(3) mile referral area of the Cities of Fort Lupton and Brighton
and the Town of Lochbuie The City of Fort Lupton's referral agency comment dated April 3,
2020,stated no concerns The City of Brighton and the Town of Lochbuie did not return referral
agency comments
The site is also located within the Cooperative Planning Agreement(CPA) area for the City of
Fort Lupton As part of the pre-application process, the City of Fort Lupton was notified of the
proposal by Planning staff and were provided Notice of Inquiry forms by the applicant The City of
Fort Lupton returned a Notice of Inquiry form dated February 28, 2020, which stated, "The
property is located south of our IGA boundary with Brighton"
The City of Brighton's future land use map shows this area as"Agriculture"The use of these
lands is primarily for crop production and animal husbandry as well as very low-density
residential housing on a farm or ranch, agricultural business facilities, and public facilities
The Fort Lupton's future land use map does not extend any further south than County Road 6
and the Town of Lochbuie's future land use map does not extend any further west than County
Road 33 Since the site is located close to the intersection of County Road 6 and County Road
29 and County Road 6 it is not included in either of these two municipality's Comprehensive
Plans/future land use maps
The site is not located within a Regional Urbanization Area (RUA) or Urban Growth Boundary
(UGB)
RESOLUTION USR20-0009
ELLEN OMAN, C/O KEATON CRAWFORD
PAGE 3
E Section 23-2-220 A 5--The application complies with Chapter 23,Articles V and XI,of the Weld
County Code
The property is not within the MS4,the Geologic Hazard Overlay District,a Special Flood Hazard
Area, or the Airport Overlay District Building Permits issued on the lot will be required to adhere
to the fee structure of the County-Wide Road Impact Fee Program Building Permits issued on
the proposed lot will be required to adhere to the fee structure of the County Facility Fee and
Drainage Impact Fee Programs
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 proposed facility located on both on soils designated as"Irngated Land, Not Prime"and as
"Prime(Irrigated)"per the 1979 Soil Conservation Service Important Farmlands of Weld County
Map This USR is agricultural in nature and will not take any"Prime(Irrigated)"Farmland out of
production
G Section 23-2-220 A 7--There is adequate provisions for the protection of the health,safety,and
welfare of the inhabitants of the neighborhood and County
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 can ensure that
there are adequate provisions for the protection of health,safety, and welfare of the inhabitants
of the neighborhood and County
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
f-
1 Prior to recording the map
A The applicant shall address the concerns of the Public Works Referral, dated April 7, 2020,
relating to the existing unpermitted access on to County Road 6 (Department of Public Works)
B The applicant shall address the requirements of the State of Colorado Department of Agriculture
— PACFA, as stated in the referral response dated May 1, 2020 Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services (Department of
Planning Services)
C The applicant shall address the requirements of the State of Colorado Department of Parks and
Wildlife, as stated in the referral response dated May 1, 2020 Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services (Department of
Planning Services)
D The USR map shall be amended to delineate the following
1) All sheets of the map shall be labeled USR20-0009 (Department of Planning Services)
2) The attached Development Standards (Department of Planning Services)
3) The map shall be prepared per Section 23-2-260 D of the Weld County Code (Department
of Planning Services)
4) The applicant shall delineate on the map the trash collection areas Section 23-2-240 A 13 of
the Weld County Code addresses the issue of trash collection areas (Department of
Planning Services)
RESOLUTION USR20-0009
ELLEN OMAN . CIO KEATON CRAWFORD
PAGE 4
5 ) Show and label the transmission line easement . ( Department of Planning Services )
6 ) Show and label the on- site lighting , if applicable . ( Department of Planning Services)
7 ) Show and label the parking area on the map . ( Department of Planning Services)
8 ) County Road 6 is a gravel road and is designated on the Weld County Functional
Classification Map as a local road which requires 60 feet of right-of-way at full buildout . The
applicant shall delineate and label on the site map or plat the future and existing right-of-way
( along with the documents creating the existing right- of-way) and the physical location of the
road . All setbacks shall be measured from the edge of right-of-way . This road is maintained
by Weld County . ( Department of Public Works)
9 ) Show and label the approved access location , approved access width and the appropriate
turning radii on the site plan . The applicant must obtain an access permit in the
approved location prior to construction . ( Department of Public Works)
10) Show and label the drainage flow arrows . ( Department of Public Works)
2 . Upon completion of Condition of Approval # 1 above , the applicant shall submit one ( 1 ) electronic
copy ( . pdf) of the map for preliminary approval to the Weld County Department of Planning Services .
Upon approval of the map the applicant shall submit a Mylar map along with all other documentation
required as Conditions of Approval . The Mylar map shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of Planning Services . The map shall be prepared in
accordance with the requirements of Section 23-2 -260 . D of the Weld County Code . The Mylar map
and additional requirements shall be submitted within one hundred twenty ( 120) 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 . In accordance with Weld County Code Ordinance #2012- 3 , approved April 30 . 2012 , should the map
not be recorded within the required one hundred twenty ( 120 ) days from the date of the Board of
County Commissioners Resolution , a $ 50 . 00 recording continuance charge shall added for each
additional three ( 3 ) month period . ( Department of Planning Services )
4 . Prior to Construction :
A. If more than one ( 1 ) acre is to be disturbed . a Weld County Grading Permit will be required .
( Department of Public Works)
5 . Prior to Certificate of Occupancy :
A . The applicant shall submit an As- Built Drawing of each permanent control measure , signed and
stamped by a Professional Engineer registered in the State of Colorado . After the submittal ,
Public Works shall be allowed to enter the premises to inspect the permanent control measure(s)
to confirm proper installation . as detailed in the drawing . ( Department of Public Works)
6 . The Use by Special Review is not perfected until the Conditions of Approval are completed and the
map is recorded . Activity shall not occur , nor shall any building or electrical permits be issued on the
property . until the Use by Special Review map is ready to be recorded in the office of the Weld
County Clerk and Recorder or the applicant has been approved for an early release agreement .
( Department of Planning Services)
RESOLUTION USR20-0009
ELLEN OMAN, CIO KEATON CRAWFORD
PAGE 5
Motion seconded by Richard Beck
VOTE
For Passage Against Passage Absent
Bruce Johnson
Michael Wailes
Tom Cope
Gene Stile
Lonnie Ford
Richard Beck
Elijah Hatch I
Skip Holland
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, Michelle Wall, 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 June 2, 2020
Dated the 2nd of June, 2020
"dintrildef...a
Michelle Wall
Secretary
RESOLUTION USR20-0009
ELLEN OMAN . 0/O KEATON CRAWFORD
PAGE 6
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Ellen Oman c/o Keaton Crawford
USR20 -0009
1 . A Site Specific Development Plan and Use by Special Review Permit , USR20- 0009 , for an animal
boarding and animal training facility . a kennel , and the keeping , raising or boarding of exotic animals
outside of subdivisions and historic townsites in the A (Agricultural ) Zone District , 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 kennel is for the private use of the property owners and no boarding of animals owned by others
is allowed . This i�
permitted on the premises: ( Department of Planning Services)
4 . There will be no more than fifty ( 50 ) exotic and/or unregulated wildlife animals on the property .
( Department of Planning Services)
5 . There will be no more than fifty ( 50) domestic pets including dogs . cats . rodents , non-venomous , non-
exotic reptiles , and birds on the property . ( Department of Planning Services)
6 . No dangerous animals are permitted on the site , including but not limited to lions , tigers , leopards ,
cougars . bears , wolves , rhinoceros , and elephants . There may be more than the allowed number of
animal units on the property . ( Department of Planning Services)
7 . The parking area shall be maintained . ( Department of Planning Services)
8 . The property owner or operator shall be responsible for controlling noxious weeds on the site ,
pursuant to Chapter 15 , Article I and II , of the Weld County Code . ( Department of Public Works)
9 . The access to the site shall be maintained to mitigate any impacts to the public road , including
damages and/or off- site tracking . ( Department of Public Works)
10 . Any work that may occupy and or encroach upon any County rights-of-way or easement shall acquire
an approved Right-of- Way Use Permit prior to commencement . ( Department of Public Works)
11 . The historical flow patterns and runoff amounts on the site will be maintained . ( Department of Public
Works)
12 . Weld County is not responsible for the maintenance of onsite drainage related features . ( Department
of Public Works)
13 . All liquid and solid wastes ( as defined in the Solid Wastes Disposal Sites and Facilities Act , 30-20-
100 . 5 . C . R . S . ) shall be stored and removed for final disposal in a manner that protects against
surface and groundwater contamination . ( Department of Public Health and Environment)
14 . 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 . ( Department of Public Health and Environment)
RESOLUTION USR20-0009
ELLEN OMAN, CIO KEATON CRAWFORD
PAGE 7
15 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 The applicant
shall operate in accordance with Chapter 14, Article 1 of the Weld County Code (Department of
Public Health and Environment)
16 Fugitive dust should attempt to be confined on the property Uses on the property should comply with
the Colorado Air Quality Commission's air quality regulations (Department of Public Health and
Environment)
17 Any septic system located on the property must comply with all provisions of the Weld County Code,
pertaining to On-site Wastewater Treatment Systems (Department of Public Health and
Environment)
18 A permanent, adequate water supply shall be provided for drinking and sanitary purposes The
existing well(permit#184986)cannot be used for any commercial business unless it is repermitted to
allow commercial use (Department of Public Health and Environment)
19 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 and Environment)
20 The applicant shall comply with the Colorado Department of Agriculture(CDA), Division of Animal
Industry regulations (Department of Public Health and Environment)
21 The operation shall comply with all applicable rules and regulations of State and Federal agencies
and the Weld County Code (Department of Public Health and Environment)
22 The applicant shall comply with the Colorado Department of Agriculture (CDA), Division of Animal
Industry regulations (Department of Public Health and Environment)
23 The operation shall comply with all applicable rules and regulations of the State and Federal
agencies and the Weld County Code (Department of Public Health and Environment)
24 Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties
where such would cause a nuisance or interfere with the use on the adjacent properties in
accordance with the plan Neither the direct, nor reflected, light from any light source may create a
traffic hazard to operators of motor vehicles on public or private streets No colored lights may be
used which may be confused with,or construed as,traffic control devices (Department of Planning
Services)
25 Building permits shall be required for any new construction or set up manufactured structure, per
Section 29-3-10 of the Weld County Code A building permit application must be completed and
submitted Buildings and structures shall conform to the requirements of the various codes adopted
at the time of permit application Currently,the following have been adopted by Weld County 2018
International Building Codes,2018 International Residential Code,2006 International Energy Code,
2017 National Electrical Code, and Chapter 29 of the Weld County Code A plan review shall be
approved, and a permit must be issued prior to the start of construction (Department of Building
Inspection)
26 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
27 The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code (Department of Planning Services)
RESOLUTION USR20-0009
ELLEN OMAN, CIO KEATON CRAWFORD
PAGE 8
28 Necessary personnel from the Weld County Departments of Planning Services, Public Works, and
Public Health and Environment 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 Conditions of Approval and
Development Standards stated herein and all applicable Weld County regulations (Department of
Planning Services)
29 The Use by 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 (Department of Planning Services)
30 Construction or use pursuant to approval of a Use by Special Review Permit shall be commenced
within three(3)years from the date of approval, unless otherwise specified by the Board of County
Commissioners when issuing the original Permit, or the Permit shall be vacated The Director of
Planning Services may grant an extension of time,for good cause shown, upon a written request by
the landowner (Department of Planning Services)
31 A Use by Special Review shall terminate when the use is discontinued for a period of three (3)
consecutive years,the use of the land changes or the time period established by the Board of County
Commissioners through the approval process expires The landowner may notify the Department of
Planning Services of a termination of the use, or Planning Services staff may observe that the use
has been terminated When either the Department of Planning Services is notified by the landowner,
or when the Department of Planning Services observes that the use may have been terminated,the
Planner shall send certified written notice to the landowner asking that the landowner request to
vacate the Use by Special Review Permit (Department of Planning Services)
32 RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT Weld County has some of the most
abundant mineral resources,including,but not limited to,sand and gravel,oil,natural gas,and coal
Under title 34 of the Colorado Revised Statutes, minerals are vital resources because(a)the state's
commercial mineral deposits are essential to the state's economy, (b)the populous counties of the
state face a critical shortage of such deposits,and(c)such deposits should be extracted according to
a rational plan,calculated to avoid waste of such deposits and cause the least practicable disruption
of the ecology and quality of life of the citizens of the populous counties of the state
Mineral resource locations are widespread throughout the County and person moving into these
areas must recognize the various impacts associated with this development Often times, mineral
resource sites are fixed to their geographical and geophysical locations Moreover,these resources
are protected property rights and mineral owners should be afforded the opportunity to extract the
mineral resource
33 WELD COUNTY'S RIGHT TO FARM STATEMENT 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
RESOLUTION USR20-0009
ELLEN OMAN, C/O KEATON CRAWFORD
PAGE 9
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
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
I
EXHIBIT
tA ( v\u*es
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING U,5Ce1
2- 2-02.02-02.0Tuesday , June 2 2020
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building , Hearing Room , 1150 O Street , Greeley , Colorado . This meeting was called to order by Chair ,
Michael Wailes , at 12 : 30 pm .
Roll Call .
Present : Michael Wailes . Bruce Johnson . Gene Stille , Tom Cope , Lonnie Ford , Richard Beck , Elijah Hatch ,
Skip Holland .
Also Present : Diana Aungst and Angela Snyder , Department of Planning Services : Lauren Light ,
Department of Health ; Melissa King , Public Works ; Bob Choate , County Attorney , and Michelle Wall ,
Secretary .
CASE NUMBER USR20-0009
APPLICANT: ELLEN OMAN , C/O KEATON CRAWFORD
PLANNER : DIANA AUNGST
REQUEST : A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR AN ANIMAL BOARDING AND ANIMAL TRAINING FACILITY , A
KENNEL . AND THE KEEPING . RAISING OR BOARDING OF EXOTIC ANIMALS
IN THE A (AGRICULTURAL ) ZONE DISTRICT.
LEGAL DESCRIPTION : LOT 2 REC EXEMPT RE- 1314 , PART S2NW4 SECTION 28 , Ti N , R66W OF THE
6TH P M . . WELD COUNTY . COLORADO
LOCATION : APPROXIMATELY 0 . 25 MILES SOUTH OF CR 6 AND APPROXIMATELY 0 . 5
MILES WEST OF CR 31 .
Diana Aungst , Planning Services , presented Case USR20- 0009 , reading the recommendation and
comments into the record . Staff received one letter from the closest neighbor on May 27 , 2020 . The letter
outlines concern about privacy , traffic , dust , maintenance of the shared easement and the impact of cars
that have been lined up in front of her house due having the gates closed to the facility . This letter of
concern was sent to the applicant on May 28 , 2020 . Ms . Aungst said the applicant is proposing to submit
a zoning permit that is separate from this USR . The applicant may submit a ZPAG permit to apply for a
business on this property . The Department of Planning Services recommends approval of this application
with the attached conditions of approval and development standards .
Commissioner Johnson asked how exotic animals are figured out compared to regular animal units . Staff
explained four large animal units are allowed per acre . Animals such as a zonkey and a kangaroo would
be considered a large animal . similar to a horse . Ms . Aungst explained there are limitations for some of the
exotic animals . She said a tortoise would be considered a reptile . Commissioner Johnson asked why the
applicant is asking for more than four large animal units per acre ; he is concerned with that number of
animals being allowed . Ms . Aungst explained the applicant currently has a few exotic animals , but they
plan on having more . She said she does not think they will ever exceed the four large animals per acre .
Commissioner Cope confirmed with staff that this USR permit does not include the business but includes
allowing the applicant to exceed 4 large animal units per acre . Ms . Aungst said that is correct . She
explained the applicant needs a USR permit to board exotic animals , a private kennel because of the
number of barn cats and guinea pigs , and an animal boarding and training facility which would allow them
to exceed 4 large animal units per acre .
Commissioner Johnson asked staff if the training facility is part of the business . Staff explained the
applicant will not be doing any training , it is the code language for this particular USR .
Commissioner Cope asked if boarding animals for pay would be considered a business . Staff explained
the applicant is only boarding their own animals .
Commissioner Stille asked staff to list what exotic animals the applicant has . Ms . Aungst said currently
they have a few giant tortoises . a zonkey , two kangaroos . She said she will let the applicant address this
question .
Melissa King, Public Works, reported on the existing traffic, access to the site and drainage conditions for
the site
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on-site
dust control, and the Waste Handling Plan
Lance Fondren, 3934 Padre Drive, Loveland, Colorado Mr Fondren said he was representing Ms
Crawford He said that she will be able to answer the questions regarding the animals Mr Fondren stated
that the family has a long history with animals and are very passionate about them He addressed the
concerns of the Sack family and the Yarbrough family Mr Fondren explained the intent of the applicant is
to house their animals on their property Whether they apply for a business later on or not, they still want
their animals permitted He said that there is a road maintenance agreement in place allowing legal access
to the property Mr Fondren said that the applicants have been communicating with Ms Yarbrough
regarding her concerns about her pets, fencing and traffic He said the applicants plan to work with all the
neighbors to mitigate concerns and the application complies with Weld County Code The applicants will
be in compliance with Weld County, Colorado Parks and Wildlife, Department of Agricultural, Planning
Department, Public Works and any other regulators
Keaton Crawford, 22740 Indian Head Road, Golden, Colorado Ms Crawford explained that her mother,
her older sister and herself will be moving to the property and expressed how excited they are They are
currently under contract to purchase the property She said her family is centered around their animals and
the animals are part of their family Ms Crawford shared that her and her sister have been riding horses
since they were five and six year's old and have been involved with agriculture They currently live on a
14-acre property and wish to move to Weld County where they will have 60 acres of land She said their
most important mission is the best care and wellbeing of their animals Their goal is to take care of animals
that are in need Ms Crawford said they are not asking for more than 4 animal units per acre, the only
exception they are requesting is to exceed the amount of pet animal units such as their dogs, cats, guinea
pigs and pet rats Referencing Chapter 11 of the Colorado Parks and Wildlife Code, Ms Crawford said it
defines what an unregulated wildlife animal is and lists the different types of animals She said they will not
have any animals on their property that are on the regulated list Ms Crawford stated they will have all
licenses required by Weld County, Colorado Parks and Wildlife, and the USDA
The Chair asked Ms Crawford if they had to get rid of any animals to comply with this application She
said they did Ms Crawford explained the only reason they would want some of these animals would be in
a rescue situation She said they respect the Colorado Parks and Wildlife Code and will follow it Animals
that were listed in the application that are not legal to possess are anteaters, armadillos, capybaras,fennek
foxes, grey kangaroos, koalas, porcupines, skunks, squirrels and certain species of hedgehogs
Commissioner Ford asked if this USR would cover a sanctuary Ms Aungst replied that this USR covers
their ability to board exotic animals on the property Ms Crawford stated that the Department of Agriculture
has a distinction between a sanctuary and pet animals She said right now the Department of Agriculture
considers what they have as pet animals Ms Crawford stated that if they would decide to become a
sanctuary,the Department of Agriculture would determine it based on intent and not by how many animals
or the types of animals they have
Commissioner Johnson asked the applicant if the animals will be in a confined situation or free to roam
Ms Crawford replied each animal type will have their own fenced in areas They plan to have a perimeter
fence as well Commissioner Johnson asked the applicant how they plan to keep the property from
becoming a feed lot Ms Crawford explained that they plan to give the animals adequate room,for example,
they plan to put the two kangaroos on a half of an acre Commissioner Johnson asked if they will be feeding
the animals or expecting them to graze Ms Crawford said they feed them and have special diets and
supplementals for each type of animal Commissioner Johnson asked if the applicant will have to(
continually modify the USR with any changes they make Ms Crawford said they may apply for a ZPAG if
they decide to move forward with a business operation She said they want to move to this property no
matter what and want this to be their new home for them and their animals This is their main priority, not
the business
The Chair asked Ms Crawford for an inventory of the animals that will be moving onto the property Ms
Crawford replied nine horses, a donkey, a zonkey, three giant tortoises, two red kangaroos, eight rabbits,
two guinea pigs, three rats, and their personal pets which include their four dogs and nine cats Most of
the cats are barn cats but a couple of them are house cats
Commissioner Cope asked staff if a USR is required primarily because there are exotic animals on the
property He said he doesn't think it seems like there are that many animals to require a USR Ms Aungst
said that Weld County Code states if you are boarding an exotic animal, you are required to have a USR
She also explained if a property is 10 acres or greater, 16 pets are allowed The applicants exceed 16 pets,
therefore, they need a USR for a kennel
Commissioner Hatch asked staff what defines an agricultural animal Ms Aungst said there are definitions
for livestock, exotic animals and pets Commissioner Hatch used a horse for example, couldn't the horse
be considered a pet and livestock Commissioner Wailes said he wondered the same thing about the
zonkey and kangaroos Ms Aungst read the definition of livestock which includes cattle, bison, mules,
burros, lamas, ostriches, elk, horses, swine, sheep, goats, poultry, yaks, camels and rabbits
Commissioner Stifle asked the applicant how they intend to regulate people that hear about these animals
and want to come see them Mr Fondren said the property is interior and the only way to access the
property is through a gate so there is not anyway for spectators to see these animals from a road or fence
Ms Crawford said that they have had these animals for five years and no one has ever asked to come see
them until they started marketing as a business In the event the applicant decides to apply for a business
on the property, Commissioner Stifle asked staff if there are traffic regulations on the easement Ms King
explained that the easement would be a private concern between the parties, but the actual access to
County Road 6 would have to be a commercial access Ms Crawford said traffic will not be an issue with
this USR,this USR is not the business application Commissioner Stifle asked staff what the water supply
is to this property Ms Light responded it has a domestic well
Commissioner Ford asked staff if the barn cats are considered pets Ms Aungst replied they are considered
pets Commissioner Ford said that he knows from experience that the barn cats multiply Ms Crawford
said all their barn cats are spayed or neutered The barns cats came from shelters and they have rescued
them
Commissioner Cope said that he knows this USR application is not related to the business but was curious
as to what kind of business the applicant is thinking of applying for Ms Crawford said one idea is an
agritainment business and they would educate the public on the different types of rights and responsibilities
that are associated with animals Small groups of people would be allowed to come on the property and
interact with the animals and learn about them
Commissioner Hatch asked the applicant if they plan on containing the smaller pets such as the guinea
pigs, rats, rabbits, and barn cats Ms Crawford said they want to build a barn that would contain the pets
in their own areas Each area will have indoor and outdoor space The barn cats will not be contained
during the day, but they will put them inside at dusk in order to keep them safe from coyotes, etc
Commissioner Johnson expressed concern for the applicant He said he is concerned that this USR could
get approved and later on down the line when they apply for a business license, it could be denied
Commissioner Johnson wondered if it would be better to put them all under one permit Ms Crawford
answered that this is her family's dream property and they want to have their animals in the right place
She said they are not relying on an income from the property and if the business doesn't work out, that is
not their top priority
Ms Crawford stated that each of their animals are cared for by a licensed veterinarian that has experience
with the different types of animals
The Chair asked if there was anyone in the audience who wished to speak for or against this application
Jeri Yarbrough, 14512 County Road 6, Fort Lupton, Colorado Ms Yarbrough said she is the neighbor to
the east and the neighbor who shares the driveway She said her biggest concern is the business aspect
of the applicant's future plans Ms Yarbrough is an animal lover herself She said she is concerned about
the location of the applicant's dumpster if they are going to be filling it up with animal feces The dumpster
is right next to her house and she doesn't want to smell the odors A top concern is the shared driveway
Ms Yarbrough said she bought her house because it is 35 acres from the road, her house is secluded, and
she is able to let her dogs out without being worried they will get hit by a car She said she wouldn't be
concerned if it was just the applicant sharing the driveway, but she is very concerned about traffic driving
past her house if they have a business Ms Yarbrough explained that if the applicant's gate is closed, the
traffic would build up right next to her house She is concerned about her future and privacy Her dogs
love to greet anyone who comes down the driveway If there is a business, she will be forced to have to
contain her dogs by building a fence Ms Yarbrough explained she is a flight attendant on furlough and
does not have the funds to build a fence She said the applicants offered to give her$1,500 but that is not
enough to pay for all the fencing Ms Yarbrough said she has asked the applicants if they can leave their
gate open if they are planning an event, so traffic doesn't line up in front of her house, but she said they
don't want to do that She owns the road and will not be concerned if this USR is approved, but she will be
very concerned if they add a business
Commissioner Beck asked how wide the legal easement is Ms Yarbrough answered 30 feet
Commissioner Johnson asked who owns the land underneath the easement Ms Yarbrough replied that
she thinks she does Ms King said that the easement is on Ms Yarbrough's property
Commissioner Hatch asked if Ms Yarbrough if she has a written easement agreement with the current
landowner Oman She answered that she did not She purchased the property from Joe Archuleta Ms
Yarbrough said there is an easement agreement between Mr Archuleta and the owner prior to Oman He
told her that the easement agreement was for residential use only Commissioner Hatch asked if the
easement is recorded Ms Yarbrough answered that she did not know
Commissioner Beck commented that a lot of the discussion going on with this USR case is related to if the
applicant applies for a zoning permit for the business He said these problems will be discussed and
explained by staff at that time Commissioner Beck said it is important that both property owners understand
the easement is shared He said it is the responsibility of a property owner to fence other problems out
Commissioner Cope said he understands Ms Yarbrough's concern about the location of their dumpster
He suggested them moving the dumpster north to mitigate the problem
Gina Sacks, 14323 County Road 6, Fort Lupton, Colorado Ms Sack said that Mr Fondren had mentioned
their right to farm Ms Sack said the right to farm is defined as a well-established, long-standing agricultural
business She wondered how them just coming in would be considered long-standing Ms Sacks said she
is concerned that with urban people coming in, it will be like a circus She said if they don't have access to
their house, they will cut across her property The Sacks have cattle and horses on their property Ms
Sacks is concerned that the applicant's gate could be left open and a kangaroo could come up to their
cattle, and the cattle will not know how to react She asked if she would not be allowed to shoot them Ms
Sacks said they hunt and shoot guns on their property and wonders how the applicant's animals will react
to the gunshots all year long She feels like there will be a lot of issues with the new neighbors Ms Sacks
is also concerned about disease and ticks that kangaroos or the other exotic animals carry that could be
detrimental to her cattle and horses The applicant stated they will have their animals vaccinated but how
do the Sacks know this is true She said the applicants are bringing in exotic animals into an area that is
landlocked Ms Sacks does not think it is fair
Commissioner Beck said that a number of livestock breeders that do not want their cattle nose to nose with
neighbors will build their own fence, so it is double fenced to protect their livestock He said there is less
chance of a transmission of disease that is communicated in that matter
Barron Davis, 14995 County Road 6, Fort Lupton, Colorado Mr Davis said they live in a residential and
agricultural community He has lived on his property for 14 years Mr Davis is anti-commercial and anti-
business He said this is his third time to come before the Planning Commission or the Commissioners to
oppose business development in this community Mr Davis is concerned about the impact on the quality
of their lives They enjoy the peace and quiet that comes with living out in the country He is concerned
about traffic, dust, road maintenance, noise pollution and light pollution
Mr Davis asked if this application grants the applicant the right to have a kennel He said he understands
the applicant is saying they are only boarding their own animals at this time, but will the application allow
them to board or train additional animals
The Chair said they will direct Mr Davis's question to staff when the applicant comes back up to the podium
Mr Davis stated that he appreciates that the Board of County Commissioners support for their community
He said the Board has denied each application for a business in their community so far
The Chair asked Mr Davis is he is against the sale of the property to the Crawford's Mr Davis said he is
not against them moving onto the property but against them having a petting zoo, wildlife sanctuary or any
kind of business He said they are a farming and ranching community
Colleen Heitman, 2706 18th Street Road, Greeley, Colorado Ms Heitman said she is a partial-interest
mineral owner of the property Her family has owned mineral rights to the property since 1906 She is
concerned that their mineral rights could be jeopardized by losing their right to drill because of the kennel
Ms Heitman expressed concern with the applicant's applying for a business after they take ownership of
the property and is upset there are two separate applications being considered She said she grew up on
the property and it is an agricultural, residential community
The Chair asked council to address Ms Heitman's concern about mineral rights Mr Choate explained that
the USR would not preclude the acquisition of the mineral rights underlying the property
Toni Thieman, Remax Northwest, 11200 Pecos Street, Suite 160, Westminster, Colorado Ms Thieman
said that she is the listing agent on the property and represents the seller of the property She said the
property is irrigated and has good hay crop Ms Thieman said there is a full-use domestic well on the
property that is adequate for their use She said she has been to the Crawford's property in Golden and
saw the kangaroos and tortoises Ms Thieman said the Crawford's are extremely experienced horse
women Their animals are their lives She said their current facility is amazing Ms Thieman feels this
property would be a great fit for the Crawford's and that they are agricultural related She said they will grow
hay and they will take great care of their animals Ms Thieman said she has a copy of the road easement
agreement if anyone wished to see it
The Chair closed public comment
The Chair called for a recess at 3 02 pm and reconvened the meeting at 3 16 pm
Mr Fondren said the Crawford's want to find solutions for Ms Yarbrough's concerns and they are
committed to being good neighbors He addressed Ms Sack's concern and said the Crawford's plan to
have a double fence, in fact it is required by the USDA Mr Fondren said that the qualified veterinary care
that the applicants plan to have goes above and beyond what is required He said he believes this
application complies with County Code and relates to agricultural use There will never be any dangerous
animals on the property Mr Fondren said he has an oil and gas background and with current technology
mineral rights would not be affected
Ms Crawford said she feels they have done their diligence to make sure they do not disrupt the
neighborhood She said their main concern is to have their animals on their property Ms Crawford said
they do plan on having fencing to protect their animals and fencing is required by the USDA in their case
She said that their current neighbors shoot guns, so their animals are used to it The Crawford's are not
concerned and welcome the Sack's to continue to use their property in their own way
Ms Crawford wished to clarify the difference between the terms "exotic animal" and a"regulated animal"
The animals that the Crawford's have are considered unregulated wildlife through the State of Colorado
She said when the term "exotic animal" is used, a lot of people think it includes animals such as lions and
tigers Ms Crawford said they are requesting non-dangerous animals
Ms Crawford said she did not come prepared to defend the business She said they have not even finalized
their ideas at this point If they do apply for a business, it would be something small that would not disrupt
the neighborhood and that would be agricultural Ms Crawford said their main concern is moving onto the
property along with their animals
Commissioner Cope asked the applicant if the USDA has definitions on what exotic animals are considered
dangerous and non-dangerous Ms Crawford said there are definitions Commissioner Cope said he
would like the language in the development standards to reflect no dangerous animals are permitted on the
property
Ms Crawford requested the development standards be changed to say their kennel is for their private use
and no outside animals can be boarded on their property
The Chair asked the applicant how the USDA regulates their site The applicant responded that the USDA
does not regulate non-regulated animals unless they are being exhibited If the animals are exhibited, the
USDA will send out an inspector for an initial inspection She said the USDA has highly regulated rules
that have to be followed and they will show up for random inspections
Commissioner Stifle asked the applicant if they would be required to have a health certificate or Coggins
test on the equine while moving them to the new location He stated that the neighbors would most likely
be concerned Ms Crawford said they would be willing to have the Goggins test done on the equine
Commissioner Johnson asked the applicant if they are required to license the animals with the Colorado
Department of Agriculture The applicant responded that they do not because they have not exceeded any
of the thresholds Ms Crawford said she remains in contact with them to keep educated on what the
thresholds are If they had a sanctuary,they would be required to obtain a license
The Chair asked the applicant if all the animal feces will be put in the dumpster or if most of it is naturally
composted Ms Crawford said that they put it in the dumpster so that it can get hauled away quickly so
they don't get rodents or flies She said they can talk to Ms Yarbrough and figure out a place to relocate
the dumpster
Commissioner Holland asked the applicant how many years of experience they have with taking care of
their animals Ms Crawford said her, and her sister have had horses since they were five and six years
old, so about 20 years Her mom grew up on a farm in Golden and raised sheep for market Ms Crawford
said they have been dealing with animals for as long as she can remember Commissioner Holland asked
Ms Crawford if any of their animals have ever gotten a disease Ms Crawford replied no
Ms Aungst, Planning Services, said staff recommends removing Development Standard 3 because of the
conflict with any future enterprise that may be presented for this particular property Staff would like to
replace the language for Development Standard 3 to read"The kennel is for the private use of the property
owners and no boarding of animals owned by others is allowed"
Motion Remove Development Standard 3 and replace language to read as staff recommended Moved
by Bruce Johnson, Seconded by Elijah Hatch Motion passed unanimously
The Chair asked Ms Aungst if Development Standard 6 should be removed Ms Aungst agreed Ms
Aungst said staff would recommend a new Development Standard 6 to read, "No dangerous animals are
permitted on the site, including but not limited to lions,tigers, leopards, cougars, bears,wolves, rhinoceros,
and elephants"
Motion Remove Development Standard 6 and replace language to read as staff recommended Moved
by Michael Wailes, Seconded by Elijah Hatch Motion passed unanimously
Ms King, Public Works, said staff recommends removing (60')from Condition of Approval 1 D 9 The rest
of the language will remain
Motion Amend Condition of Approval 1 D 9 as recommended by staff Moved by Tom Cope, Seconded
by Richard Beck Motion passed unanimously
The Chair asked the applicant if they have read through the Amended Development Standards and
Conditions of Approval and if they are in agreement with those The applicant replied that they are in
agreement
Motion Forward Case USR20-0009 to the Board of County Commissioners along with the Amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Tom Cope, Seconded by Richard Beck
Vote Motion passed (summary Yes= 7, No= 1,Abstain = 0)
Yes Elijah Hatch, Gene Stifle, Lonnie Ford, Michael Wailes, Richard Beck, Skip Holland, Tom Cope
No Bruce Johnson
Commissioner Cope said that he feels that Sections from Chapters 22 and 23 of the Weld County Code
have been met He said the Planning Commission understands that the USR covers the animal units and
the exotic animals but does not include the business application that may come at a later date
Commissioner Johnson said he appreciate the compassion of the applicant but feels like there are too
many uncertainties that could come up with this situation if a business is allowed
Commissioner Stifle said he is in approval of the USR case they heard today, but if it was the case for the
business, he would have voted no
Meeting adjourned at 4 32 pm
Respectfully submitted,
Waal—
Michelle Wall
Secretary
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