Commissioner Holloway moved that the following Resolution be adopted:
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF JEFFERSON
STATE OF COLORADO
RESOLUTION NO. CC98-133
Section 11, Township 7 South,
Range 70 West
Zone District: Agricultural-Two
Purpose: Special Use to allow a kennel
Approximate Area: 9.33 Acres
WHEREAS, Diana M. Califano and Steven G. Curkendall 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 February 18, 1998, at which time the Planning Commission did, by formal resolution, recommend APPROVAL of the subject special use application; and
WHEREAS, after notice as provided by law, a public hearing was held by this Board on March 10, 1998; 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:
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 conformance with the recommendation of the Conifer/285 Corridor Area Community Plan because the proposed boarding of a limited number of additional dogs on this approximately ten-acre site would not be a significant change from current conditions on this property. The scale of boarding activity would be considerably restricted; no new buildings are proposed to alter the character of the area; and the use would be a service needed or used by clients.
4. That the proposed special use is compatible with existing and allowable land uses in the surrounding area in all directions because the limited additional periodic traffic to the site is able to be accommodated by the capacity of Kuehster Road; there would not be more than 15 dogs boarded on the site; and many properties in the area currently house a number of domesticated animals. The majority of the site will be left its natural condition and the residential use of the property would be maintained. The use of the property is consistent with the immediate area and the size of the parcel is comparable to other properties in the general area.
5. The proposed use meets the criteria for Special Use approval in Section One of the Zoning Resolution for the reasons set forth above. In addition, the conditions set forth below together with the limited number of dogs allowed to be boarded, will limit noise to a level comparable to permitted uses in the Agricultural-Two Zone District.
6. That the subject property is located within the boundaries of the Inter Canyon Fire Protection District and will be served by individual well and septic systems.
7. That no known commercial mineral deposits exist upon the subject property.
8. That for the above-stated reasons, 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. 97015274SUP1, 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. Amend the Special Use graphic to include the following written restrictions:
a. Two off-street parking spaces for the residence and two off-street parking spaces for the boarding kennel activities must be provided.
b. The maximum number of dogs not receiving veterinary services to be boarded or kept on the site at any time shall be limited to 15.
c. An outside pen shall be provided for the boarded dogs. The pen shall be set back not less than 100 feet from Kuehster Road, not less than 100 feet from the north property line, and not less than 300 feet from the east property line.
d. The dogs must be under the supervision of a caretaker and must be kept either in the outside pen or inside a building. If the caretaker is not present, the boarded dogs must be placed within a building.
e. The dogs being boarded on the site shall be kept indoors from 7:00 p.m. to 7:00 a.m.
f. Boarded dogs may not roam unsupervised on any part of the property except within the outside pen. Any boarded dogs not confined to the outside pen must be under direct supervision at all times.
2. Additional revisions to the Special Use graphic and written restrictions in accordance with the red-marked graphic dated February 6, 1998.
Commissioner Stone seconded the adoption of the foregoing Resolution. The roll having been called, the vote was as follows:
Commissioner Patricia B. Holloway AYE
Commissioner John P. Stone AYE
Commissioner Michelle Lawrence, Chairman AYE
The Resolution was adopted by unanimous vote of the Board of County Commissioners of the County of Jefferson, State of Colorado.
Dated: March 10, 1998
