HomeMy WebLinkAbout20143192.tiff HEARING CERTIFICATION
DOCKET NO. 2014-80
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR14-0040, FOR A KENNEL, AS DEFINED IN SECTION 23-1-90 OF THE WELD
COUNTY CODE AS A HOUSEHOLD PET, LOCATED IN THE SCUPIN-NASH PUD
WITH E (ESTATE) ZONE DISTRICT USES-JONATHAN SCUPIN AND ANN NASH
A public hearing was conducted on October 22, 2014, at 10:00 a.m., with the following present:
Commissioner Douglas Rademacher, Chair
Commissioner Barbara Kirkmeyer, Pro-Tem
Commissioner Sean P. Conway
Commissioner Mike Freeman
Commissioner William F. Garcia
Also present:
Acting Clerk to the Board, Susan Brown
Assistant County Attorney, Brad Yatabe
Planning Department representative, Kim Ogle
Public Works representative, Don Carroll
Health Department representative, Lauren Light
The following business was transacted:
I hereby certify that pursuant to a notice dated September 18, 2014, and duly published
September 23, 2014, in the Greeley Tribune, a public hearing was conducted to consider the
request of Jonathan Scupin and Ann Nash, for a Site Specific Development Plan and Use by
Special Review Permit, USR14-0040, for a Kennel, as defined in Section 23-1-90 of the Weld
County Code as a household pet, located in the Scupin-Nash PUD with E (Estate) Zone District
uses. Brad Yatabe, Assistant County Attorney, made this a matter of record.
Ei Kim Ogle, Department of Planning Services, presented a brief summary of the proposal
and entered the favorable recommendation of the Planning Commission into the record as
written. The applicants are seeking to continue operating the Colorado Reptile Humane Society
Facility which is an active zoning violation due to the operation of a 'kennel' without first
obtaining the necessary zoning permits. The facility is located in a residence in the Seymore
Heights subdivision. Mr. Ogle reviewed referral responses and said around 24 surrounding
property owners (single family residences) received notice, and the Department received no
correspondence. He noted the grounds are screened and landscaped, and no changes or
amenities are proposed. In response to Chair Rademacher, Mr. Ogle said the screening,
lighting and landscaping will be maintained.
El Don Carroll, Department of Public Works, provided a brief overview of the transportation
plans and requirements. The access is off of County Road (CR) 1.5, also called Elmore Road,
which is paved and County maintained.
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Lauren Light, Department of Public Health and Environment, reviewed the water and
sewer provisions. She said staff is asking for a current copy of the Pet Animal Care Facilities
Act (PACFA) license, a Waste Handling Plan and a Dust Abatement Plan. Commissioner
Kirkmeyer asked about the need for a Dust Abatement Plan.
E Jonathan Scupin and Ann Nash introduced themselves. Ms. Nash said they have reduced
the size of their operation, which is scaled to the size of their property at around 110 animals, a
maximum would be 150, and they are more of an advocacy group that does some sheltering. In
response to Commissioner Kirkmeyer, she said that they have always voluntarily purchased a
license from the Colorado Department of Agriculture - Division of Animal Industry, and,
technically, they are not re uired to have a license, but they get risk-driven inspections, and
have had no violations. tl In response to Commissioner Conway, Ms. Nash said that the
extent of their signage is most likely a new mailbox, as they don't want to encourage people
dropping by.
E No public testimony was offered concerning this matter.
Commissioner Kirkmeyer suggested the deletion of Condition of Approval #1.A, regarding
a Dust Abatement Plan, which was done by assent of the Board. She also questioned the need
for a Waste Handling Plan. Ms. Light noted that this USR could be transferable for a different
type of kennel, so that should remain. In Condition of Approval #1.D the Board decided to
delete the first sentence and leave in what pertains to the code, so no Lighting Plan is
necessary. Commissioner Kirkmeyer suggested deleting Condition of Approval #1.G.5,
regarding the Lighting Plan and in #1.G.6 to require compliance with the Weld County Code,
versus having a Signage Plan.
(Clerk's Note: Condition #1.D was amended to reflect this direction.)
She then suggested deleting Development Standards #5, #6 and #11, references to
compliance with the Department of Agriculture, because a PACFA license is not required. She
suggested the deletion of Development Standard #12 (fugitive dust), done by assent of the
Board. The Board decided that Development Standards #7 and #9 should remain because of
the transferability of the USR, and Development Standard #20 should end with the word
maintained.
E In response to Chair Rademacher, Jonathan Scupin and Ann Nash indicated they have
reviewed, and agree to abide by, the Conditions of Approval and Development Standards, as
amended.
El Commissioner Kirkmeyer moved to approve the request of Jonathan Scupin and Ann
Nash for a Site Specific Development Plan and Use by Special Review Permit, USR14-0040, for
a kennel, as defined in Section 23-1-90 of the Weld County Code as a household pet, located in
the Scupin-Nash PUD with E (Estate) Zone District uses, based on the recommendations of
Planning staff and the Planning Commission, with the Conditions of Approval and Development
Standards as amended and entered into the record. The motion was seconded by
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HEARING CERTIFICATION -JONATHAN SCUPIN AND ANN NASH (USR14-0040)
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Commissioner Conway, and it carried unanimously. There being no further discussion, the
hearing was completed at 11:01 a.m.
This Certification was approved on the 27th day of October, 2014.
BOARD OF COUNTY COMMISSIONERS
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