HomeMy WebLinkAbout20123382.tiff HEARING CERTIFICATION
DOCKET NO. 2012-90
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR12-0060, FOR A KENNEL (40-DOG NONPROFIT RESCUE AND BOARDING
KENNEL FOR AN UNSPECIFIED BREED) IN THE A (AGRICULTURAL) ZONE
DISTRICT-SHIRLEY DAHL AND JANA BIRDWELL
A public hearing was conducted on December 5, 2012, at 10:00 a.m., with the following present:
Commissioner Sean P. Conway, Chair
Commissioner William F. Garcia, Pro-Tem
Commissioner Barbara Kirkmeyer
Commissioner David E. Long
Commissioner Douglas Rademacher
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Brad Yatabe
Planning Department representative, Kim Ogle
Public Works representative, Heidi Hansen
Health Department representative, Lauren Light
The following business was transacted:
e I hereby certify that pursuant to a notice dated October 19, 2012, and duly published
October 24, 2012, in the Greeley Tribune, a public hearing was conducted to consider the
request of Shirley Dahl and Jana Birdwell, for a Site Specific Development Plan and Use by
Special Review Permit, USR12-0060, for a Kennel (40-dog nonprofit rescue and boarding
kennel for an unspecified breed) in the A (Agricultural) Zone District. Brad Yatabe, Assistant
County Attorney, made this a matter of record.
e Kim Ogle, Department of Planning Services, presented a brief summary of the proposal
and surrounding land uses, and stated staff received letters of opposition citing concerns which
he reviewed for the record. He gave an overview of the Planning Commission's
recommendations to mitigate the potential impacts, and he summarized the referral responses.
Mr. Ogle entered the favorable recommendation of the Planning Commission into the record as
written and displayed an aerial map and photographs of the site and surrounding area.
IR Heidi Hansen, Department of Public Works, provided a brief overview of the roadway
classifications and access, and requested an updated site plan. She stated the use will result in
minimal traffic impacts, the applicant has designated a water quality area, and she responded to
questions from the Board concerning the recorded access easement.
Lauren Light, Department of Public Health and Environment, reviewed the water and
sewer provisions and stated the applicant still needs to supply a copy of the current Animal Care
License, a Waste Handling Plan, and a Dust Abatement Plan. She stated noise will be
restricted to the Non-Specified District levels, and Development Standards #5 through #17 are
typical standards for kennels.
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IR Shirley Dahl, applicant, stated the application was originally for 40 dogs, which was
reduced down to 25 dogs at the Planning Commission hearing. She stated they operate a
non-profit rescue and adoption facility. Ms. Dahl reviewed the facility design, plans for fencing,
and staffing, and addressed questions from the Board concerning how the dogs are acquired
and adopted, as well as her qualifications. She stated they have been at the site for the past
four years, there has been only one instance of a dog getting out and chasing the neighbor's
cows, and she is currently filing for 501c status.
ID Brad Yatabe submitted e-mails from Vern and Denelle West for the Board's review,
marked Exhibits G and H.
ID Bonnie and Robin McIntosh, surrounding property owners, expressed concerns with
impacts to the Laramie-Fox Hill Aquifer, indicating their well has gone down in the past two
years. Ms. Light reviewed the well permitting process and stated the well on the site is for
domestic/commercial use. Commissioner Kirkmeyer commented regarding the practice of the
State's Engineer's Office in issuing well permits and how wells are drilled. Ms. McIntosh stated
they have owned the property for 11 years and she expressed concern with decreased property
values, potential physical harm or illness to area livestock or residents, excessive barking, traffic
hazards on the surrounding roadways, and dust. She responded to questions from the Board
regarding dogs running without a leash, some of which are the applicants' own personal pets,
not rescue animals.
El Jerry Feather, surrounding property owner, asserted the commercial use is not compatible
with the Weld County Comprehensive Plan or the surrounding agricultural/residential uses. He
stated, if approved, the applicants should not be allowed to operate until all of the requirements
are met and a fence is constructed. He further stated dog food sales should not be allowed,
and he noted the animal reduction was the decision of the Planning Commission, not the
applicants. El In response to Chair Conway, Mr. Ogle confirmed this site has not gone
through the Violation process.
Fl Christine Curl, surrounding property owner, stated she has owned her property for 11
years and they have various pets and livestock. She expressed concern with the applicants'
inability to contain the dogs to ensure the safety of her family, and noise negatively impacting
area property values and sales. She requested the permit be limited to 16 dogs, based on the
evidence that they have difficulty containing the animals. She responded to questions from the
Board concerning the ownership of the stray dog that came to her property, her proposal to
further limit the application to the current number of animals at the site, and the applicants' lack
of contact throughout the process. There being no further comments, Chair Conway closed
public testimony.
El Ms. Dahl responded stating six of the dogs are her personal pets, there are four foster
dogs, and four transit animals, for a total of 14 animals. She discussed the roaming instances
and the plans to fence the perimeter of the entire site with six-foot elk fencing material. She
addressed questions from the Board regarding the number of employees, traffic levels, dog food
storage, visitors to the facility, other foster livestock, walking practices, and containment areas.
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Responding to further questions, Ms. Dahl stated they are willing to abide by the mitigation
measures, reducing the maximum number of dogs will only limit the number of animals they can
help, and the dogs are kept in at night, so some of the barking complaints are from dogs on
other properties. She also discussed her contact with the neighbors.
ID In response to Commissioner Rademacher, Mr. Ogle displayed a vicinity map and
reviewed the surrounding land uses. Mr. Yatabe stated the number of employees was
discussed at the Planning Commission, but no language was added, and Mr. Ogle clarified the
application request, which should be included in the Development Standards for clarification.
In response to Chair Conway, Ms. Dahl stated she is in agreement with the Conditions of
Approval and Development Standards, as proposed. Commissioner Rademacher proposed
Development Standard #29 be modified to replace the word "will" with "may". Mr. Ogle
proposed a new Development Standard #5 to state, "The facility is limited to six (6) full-time
employees."
El Commissioner Kirkmeyer commented she appreciates the intent of a rescue facility;
however, she does not believe it is compatible with the existing surrounding agricultural area.
She noted they currently have 14 dogs, despite the fact that the site is limited to four (4) as a
Use by Right, and the applicant did not take the opportunity to reach out to the neighbors. She
stated she may support a maximum of 14, but not 25 dogs.
El Commissioner Garcia stated the property is located in the A (Agricultural) Zone District
and the application meets the issue of compatibility; however, the applicant has not managed
the facility in a way that demonstrates an ability to control the animals; therefore, at this point,
he is undecided.
El Commissioner Rademacher commented it is not uncommon to see unknown animals on
his property and his personal practice is to not accept any stray dog chasing his livestock. He
indicated he is willing to decrease the number down to 20, which is half of the original request,
and he urged the applicants to complete the fence for their personal dogs, regardless of the
decision regarding this application.
El Commissioner Long stated he sees both sides of this issue regarding the noise and
safety, and he would agree to decreasing the maximum number down to 20 dogs.
Commissioner Rademacher added he personally relies on his dogs to bark to control his
livestock and protect his property.
IR In response to Chair Conway, Ms. Dahl stated she is building a 16-pen kennel, in addition
to her six personal pets for a total of 22. Commissioner Rademacher confirmed six exceeds the
County Code and he is not willing to go above 20. Chair Conway reviewed the proposed
changes for the record. Following discussion, the Board agreed to amend Development
Standard #24 to reduce the maximum number down to 20 dogs, as well as throughout the entire
document. In response to Chair Conway, Ms. Dahl stated she and the co-applicant have
reviewed, and agree to abide by, the Conditions of Approval and Development Standards, as
proposed and modified.
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e Commissioner Garcia commended the applicant for attempting to operate a non-profit
service; however, he encouraged the applicant to abide very closely to the Conditions of
Approval and Development Standards, as represented in the record and as expected by the
neighbors.
E Commissioner Rademacher agreed and encouraged compliance.
Commissioner Long stated the surrounding landowners have the right to protect their
property and families.
Commissioner Kirkmeyer stated it is the responsibility of residents to contain their personal
pets, and although she supports the rescue concept, she does not support infringement on the
rights of the existing neighbors.
9 9
Chair Conway stated he appreciates the rescues aspect and the reduction in the number;
however, he expressed concern with the testimony of dogs running at large, chasing livestock,
and entering
e to otherprivate properties. He stated he is willing togive the applicants the benefit of
9 P P PP
the doubt, noting they will be watched very closely, since they have been operating in excess of
the County Code and at the opposition of neighbors. He also urged the neighbors to give
consideration that stray dogs may not always be the result of the subject facility.
El Commissioner Rademacher moved to approve the request of Shirley Dahl and Jana
Birdwell for a Site Specific Development Plan and Use by Special Review Permit, USR12-0060,
for a Kennel (20-dog nonprofit rescue and boarding kennel for an unspecified breed) 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 entered into the
record. His motion included inserting a new Development Standard #5 to state, "The facility is
limited to six (6) full-time employees," amending Development Standard #24 to reduce the
maximum number of dogs from 25 down to 20, and modifying Development Standard #29 to
replace the word "will" with "may". The motion was seconded by Commissioner Long. Upon a
call for the vote, the motion carried four to one, with Commissioner Kirkmeyer opposed. There
being no further discussion, the hearing was completed at 1:25 p.m.
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This Certification was approved on the 10th day of December, 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
P
Sean P.Acinr/tr y, r
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Weld County Clerk to the Board /�„ t
Wil carp F. Garcia, Pro-Tem
BY:
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•,�0 Bariara Kirkmeyer /
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Douglas Rademacher
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