Commissioner Stone moved that the following Resolution be adopted:
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF JEFFERSON
STATE OF COLORADO
RESOLUTION NO. CC98-060
Zone District: Agricultural-Two
Purpose: Special Use Approval to allow a kennel
Approximate Area: 5.855 Acres
WHEREAS, Dr John Summar and Dr. Kim Anderson did file an application with the Planning Department of Jefferson County for authorization of a special use permit on the herein described property in Jefferson County which is located in the Agricultural-Two Zone District; and
WHEREAS, a public hearing was held by the Jefferson County Planning Commission on January 21, 1998. The Planning Commission was not able to reach agreement on a recommendation to the Board of County Commissioners; and
WHEREAS, after notice as provided by law, a public hearing was held by this Board on February 3, 1998 and continued to February 10 for decision only; and
WHEREAS, based on the evidence, testimony, exhibits, study of the Comprehensive Plan, recommendations of the Jefferson County Planning Commission, comments of the Jefferson County Planning Department, comments of public officials and agencies, and comments and testimony from all interested parties, this Board finds as follows:
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1. That proper posting, publication and public notice was provided as required by law for the hearings before the Planning Commission and the Board of County Commissioners.
2. That the hearings before the Planning Commission and the Board of County Commissioners were extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at those hearings.
3. That the proposed special use is in substantial conformance with the Conifer/285 Corridor Area Community Plan because:
It provides a service which can be used by area residents and the additional drainage system would protect the water quality concerns of the plan. The existing uses can be clustered on a portion of the site, which will maintain a large portion of the site in its natural conditions to serve as an open space buffer to surrounding land uses. The scale of kennel use on the property would be restricted in size to maintain residential character of the immediate area, and the noise mitigation measures suggested would ensure compatibility with residences in the immediate area.
4. As conditioned below, the proposed land use will be compatible with existing and allowable land uses in the surrounding area in all directions because measures will be required to mitigate the noise generated by the boarding of up to 60 animals in two existing accessory buildings. The proposed use would occur in two existing buildings that are not out of scale to the site or surrounding residential uses. Restrictions on the scale of kennel operations on this site and maintaining a majority of the site in its natural conditions would help maintain the rural residential character of the area.
5. The proposal, as conditioned below, meets the criteria for special use approval because adequate provision will be made to address noise emanating from the site.
6. That the subject property is located within the boundaries of the Inter Canyon Fire Protection District. The subject property will also be served by individual well and septic system.
7. That no known commercial mineral deposits exist upon the subject property.
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8. That for the above-stated reasons, as conditioned below, the applied for special use is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the residents of Jefferson County.
NOW, THEREFORE, BE IT RESOLVED that Special Use Application No. 97015150SUP1, located within the Agricultural-Two Zone District for the following described unincorporated area of Jefferson County be and hereby is APPROVED subject to the following conditions:
1. a. Two (2) off street parking spaces for the residence and six (6) off street parking spaces for the veterinary clinic and kennel activities must be provided.
b. The existing shed and barn shall be insulated with either styrofoam, bats of fiberglass, rock wool, or other materials acceptable under the current Uniform Building Code adopted by Jefferson County to adequately abate noise generated within said structures. Both facilities and their existing outside animal runs shall have permanent closed roof structures built with standard wood frame construction and roofing materials as allowed by the current Uniform Building Code adopted by Jefferson County. The insulation of the kennel facilities shall be designed to achieve a Transmission Loss (TL) of 58 to 60 and shall conform to the proposal in the February 5, 1998 letter to Mr. John Summer (sic), D.V.M. from Stuart D. McGregor of Engineering Dynamics, Inc. contained in the case file on file with the Planning and Zoning Department. The outside animal runs shall be surrounded by a double sided fence of the same height as the roof over the runs. This fence shall be set back from the edge of the roof of the animal runs a distance equal to the height of the fence.
c. An additional solid 7-foot high, double sided wooden fence shall be built to surround the entire open run area for both the shed and barn. The same fencing shall be provided on the west side of the barn to shield the existing double doors.
d. The number of animals boarded or kept on site shall be limited to sixty (60), which shall be kept within the existing barn and shed designated for this purpose. Such animals may not be kept on the site outside of the two enclosed buildings and their attached accessory runs. No animals boarded on the site shall be left to roam the property.
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e. The amount of site area used for kennel purposes shall be limited to the existing barn and shed with their existing outside runs. Neither structure can be expanded in area or capacity.
2. The applicant must provide a corrected Special Use graphic and written restrictions (i.e., site/landscape plan), evidencing the above conditions of the approval, and the corrections on the red-marked graphic dated December, 30, 1997.
Commissioner Holloway seconded the adoption of the foregoing Resolution. The roll having been called, the vote was as follows:
Commissioner John P. Stone Aye
Commissioner Patricia B. Holloway No
Commissioner Michelle Lawrence, Chairman Aye
The Resolution was adopted by majority vote of the Board of County Commissioners of the County of Jefferson, State of Colorado.
Dated: February 10, 1998
