HomeMy WebLinkAbout20031954 HEARING CERTIFICATION
DOCKET NO. 2003-53a
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT
USR#1423 FOR A DOG KENNEL (NOT TO EXCEED 60 GREYHOUND DOGS) IN THE
A(AGRICULTURAL) ZONE DISTRICT - HEATHER WEIR
A public hearing was conducted on July 30, 2003, at 10:00 a.m., with the following present:
Commissioner David E. Long, Chair
Commissioner Robert D. Masden, Pro-Tern - EXCUSED
Commissioner M. J. Geile
Commissioner William H. Jerke
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Carol A. Harding
Assistant County Attorney, Lee Morrison
Planning Department representative, Chris Gathman
Health Department representative, Pam Smith
Public Works representative, Don Carroll
The following business was transacted:
I herebycertifythat pursuant to a notice dated July2,2003,and duly published July 10,2003,in the
South Weld Sun, a public hearing was conducted on July 23, 2003, to consider the request of
Heather Weir for a Site Specific Development Plan and Use by Special Review Permit#1423 for
a Dog Kennel(not to exceed 60 Greyhound dogs) in the A(Agricultural)Zone District;however,with
only three Commissioners present, the applicant requested a continuance to this date. Lee
Morrison,Assistant County Attorney,made this a matter of record.Chris Gathman, 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. Mr. Gathman stated this
is an 80-acre dryland site,with a dwelling proposed inside the kennel building and a modular home
in which a secondary caretaker would reside; 13 referral agencies reviewed the proposal and nine
agencies responded favorably or included comments which have been addressed through
Conditions of Approval and Development Standards. Mr.Gathman stated five letters of concern and
opposition were received from neighboring property owners mentioning the potential for attracting
other predators to the area,such as coyotes, noise concerns, potential to spread disease to other
animals in the area,increased traffic,adverse impact on the water table through the use of the well,
and incompatibility with existing surrounding uses. No referral response was received from the
Colorado Division of Wildlife;however,Chad Morgan did send a message that the Division typically
does not have issues with dog kennels. Mr. Gathman stated a Development Standard was
proposed that will limit the maximum permissible noise level allowed in a residential zone as
designated in the Colorado Revised Statutes,and the Colorado Division of Water Resources has
indicated,by letter dated April 22,2003,that the existing well on the property is sufficient,provided
the property owner actually owns the animals. Mr. Gathman stated the property owner and an
additional caretaker will access the site on a daily basis;additional volunteers would access the site
in normal passenger cars,one to two times a week,from two to four people; a full-sized Ford van
will access the site on a regular basis for the transportof the dogs;and approximately once a month
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a passenger bus would access the site to transport some of the dogs out of state. Mr. Gathman
stated the applicant is required to obtain a Pet Care Facilities Act License through the State of
Colorado for the facility. Mr.Gathman proposed an amendment to the draft resolution,to clarify that
this is specificallya Greyhound kennel,include"not to exceed 60 Greyhound dogs"in the title,and
in Development Standard #1.
Chair Long advised Heather Weir, applicant,of the procedure in case of a tie, and she stated her
wish to proceed. Mr. Morrison stated testimony was taken last week from people who were not able
to attend this week,with two Commissioners not being present to hear that testimony;therefore,
no vote can be taken today, and the two Commissioners will need to listen to the tape of that
meeting prior to a vote being taken.
Responding to CommissionerJerke,Mr.Gathman indicated the location of the nearest neighbor to
the west,which is approximately one-quarter mile away. Responding to Commissioner Geile and
Chair Long, Mr. Gathman stated the kennel is in a 5,500 square foot building, which would also
serve as a residence for the applicant,as well as a modular on a permanent foundation which would
not be occupied all the time, but only in the absence of the applicant.
Pam Smith, Department of Public Health and Environment, stated she has no comments.
Responding to Commissioner Jerke,regarding disposal of waste,she stated solid waste would be
disposed in a dumpster;there is a disinfection system required for liquid wastes; a septic system
for the kennel and residence to handle any wash down; and a septic system for the modular. Ms.
Smith stated the draft resolution is silent on disposal of euphemized animals, although she
understands this would be a temporary housing for retired Greyhounds to get them spade and
neutered,and personality tested before they go to Greyhound rescue centers around the country,
therefore it is an interim drop-off in preparation for adoption.
Don Carroll, Department of Public Works,stated this site is approximately two miles east of Nunn
on Weld County Road 98, which is designated as a local gravel road which the County does
maintain. The only available count is approximately 50 vehicles in a 24-hour period.
Dr. Weir reviewed her background to give credence to her ability to handle dogs in this type of
setting,and stated she is a Veterinarian and was employed by Colorado State University(CSU)until
1998, at which time CSU quit receiving Greyhounds. She stated she became more involved in
moving large numbers of Greyhounds, and she takes in Greyhounds from track, trainers, or
breeders when they are no longer wanted for racing purposes;she collects a number of dogs and
spays, neuters,vaccinates,and performs personality tests to fit them into homes, and works with
groups in other states to move dogs to them. Dr. Weir stated she has been transporting large
numbers of dogs for five years out of her home in Loveland; however, it became necessary to find
a larger location. Because of the size of this site,there is a lower impact on the neighbors because
of placing the kennel in the center of the 80 acres,with the remainder of the acreage remaining in
the Crop Rotation Program. Dr.Weir stated she will house the dogs indoors, unless someone is
present, which will significantly decrease any noise issues, with a large buffer zone around the
building. She displayed a model of the building showing turnout areas and the modular home
location. Dr. Weir stated the dogs will be housed in half of the large building, and the other half
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would have a studio apartment and garage in which she will reside. She will be gone approximately
one weekend each month taking dogs to other locations, and would like someone living in the
modular home to take care of the dogs whenever she is gone. She stated she has a great deal of
knowledge about Greyhounds,and she knows how to manage them. Dr.Weir stated she has four-
foot fences at her home in Loveland;however,she is planning to use six-foot fences to insure the
dogs cannot getout,and they will have routine access to outside,with personnel present. Dr.Weir
stated she has four personal dogs which will have free access to the outdoors, through a doggie
door. She presented pictures of a Greyhound gathering in Utah, and Sherman, who is the
Greyhound in attendance at today's hearing, marked Exhibit H, and I, respectively.
Dr.Weir stated she is concerned about the language being too restrictive in Development Standard
#18,to allow her personal dogs to be outdoors without being supervised,or to exercise on the Crop
Rotation land instead of being confined to the fenced area. She clarified that the foster dogs will be
supervised when outdoors,and confined to the fenced in area;however,she would like the wording
changed. Responding to Commissioner Geile,Dr.Weir stated all dogs are termed"predators."As
a part of their racing background,they are encouraged to chase small things; however,more than
half the homes Greyhounds are being placed in have small animals,such as cats and other small
dogs with no problems having been encountered. She stated she would not hesitate to euphemize
an animal if it was overly aggressive, and she generally takes 14 to 16 dogs which are going into
homes with her on a trip. She said some are left behind,who are not healthy enough for adoption,
have not been spayed or neutered,are not readyfor adoption,so that 20 to 30 animals accumulate
when she is getting ready to go on a trip. Dr.Weir stated she asked for a maximum of 60 for those
times when a racing track closes or a breeder goes out of business, to allow her to take a higher
number of animals, in which case she would move them out more quickly. Responding further to
Commissioner Geile,she stated the facility can handle that many,but when she is working full time
she does not want that many on a regular basis. Responding to Commissioner Jerke, Dr. Weir
stated she is placing the facility in the middle of her property,with a gravel drive and natural buffer
zone;she will live full time at the facility;and she does not have any desire to breed dogs,since she
would like to see racing end. She also stated there are enough animals in the world, and she is a
huge proponent of spaying and neutering,and it would not be a problem if that were written into the
Development Standards. Responding further to CommissionerJerke, Dr.Weir stated any animals
that she had to put down would either be taken to the landfill,which is her current method in Larimer
County,or cremation,which would be herfirstchoice,and she stated she would not choose to bury
the animals on her property. Mr. Morrison stated the definition of kennel tied to the number of
animals being kept,and it does not preclude breeding,although it is not included in the application
materials. Responding to Chair Long, Dr.Weir stated she has placed 150 to 200 dogs peryearfor
the last five years.
Larry Williams, property owner to the east, stated he is currently a Commerce City resident, and
he is opposed to putting a commercial business in a residential area. He stated he is a future
resident of the neighboring property, and one concern would be met if the approval was made
specifically for Greyhounds. He stated the information provided at the Planning Commission is
different from the information being provided today,so it is unclear whether the modular home is
for a full-time or part-time caretaker, and how far back from the road the facility will be placed.
Although Dr. Weir stated the building is insulated, the type or amount of insulation has not been
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given,and he is concerned it will not be enough for noise mitigation. Mr.Williams stated he would
like to see the turnout area face directly to the north, since his residence will be built east of the
facility,as well as a four-foot berm around the turnout area. He asked what type of fencing will be
used, what is the size and density of the windbreak on the west and shrubbery on the east, and
what performance guarantees are being given. Mr.Williams stated disposal of manure and noise
mitigation are great concerns,and other design standards may be necessary to fit the facility into
the surroundings. Mr. Williams stated in October of 2002, Dr. Weir was issued a ticket for being
a public nuisance because of an odor problem,and the subsequent Court Order specifically allowed
no more than ten dogs at anyone time,which includes her personal animals. In testimony Dr.Weir
has testified that she gains 20 to 30 animals before she takes them out of town;therefore,it appears
she ignores the Court Order. If she does so before her permit is even issued, how will anyone be
able to ensure her facility, which is much larger, will be well regulated.
Pat Jones, President of Colorado Greyhound Companions, a rescue and adoption organization,
reiterated Dr. Weir's history and ability, as well as her motives in doing this. She stated she has
been involved in Greyhound rescue for ten years,and her experience speaks to the Greyhound as
a commodity and then a companion animal. She stated her organization is neither pro nor con for
racing; however, Greyhounds are bred for profit and are only a commodity to their owners. They
run fast,win races, and make money, and are not put out to pasture when through racing; rather
they are destroyed, often in gruesome ways. Ms. Jones stated that atrocities have all but ended
through publicity,the work of the National Greyhound Association,which governs the racing industry,
and she stated regulations have been written requiring retired racers to be turned over to adoption
organizations for placements;however,dogs are still being slaughtered in the United States. Ms.
Jones stated the responsibility should lie with breeders;however,over breeding is still a problem.
As a breed,Greyhounds are gentle and sensitive, make ideal family companions, possess one of
the best temperaments of all dog breeds,have gentle nature,adapt quickly to a new environment,
respond to a loving touch, rarely bark, and do best in a controlled environment, since they are
accustomed to a kennel or cage. Ms. Jones stated Dr.Weir will be licensed by the state, she has
known her personally for six years and has no doubt her business will be conducted responsibly.
Responding to Commissioner Jerke about the kind of money or profit this type of facility might
generate, Ms. Jones stated most adoption organizations are on a volunteer basis, with no paid
personnel. She stated the business is funded with donations and fund raisers;and in 90 percent
of the cases the expenses will exceed the adoption fees. Ms. Jones, stated she will let Dr. Weir
answer for herself what her profit might be;however,the rescue organization does not pay a fee to
acquire the dogs, although the expenses for medical care are often high.
Marsha Towsley, Vice President of Colorado Greyhound Companions, stated she has been a
Veterinarian Assistant for ten years, and all her experience with Greyhounds has shown them to
have many favorable attributes. Ms.Towsley stated she has known Dr.Weir for three or four years
and finds her to be selfless, hard working, and extremely dedicated to the cause of the retired
racers. She reiterated the qualities of the breed, and stated she has, at different times, had 16
foster dogs go through her own home.
Jeanne Williams,stated her main concern is the impact the facility will have on their land,since they
are planning to build their residence there in the future.
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Frank Goss,stated he is in support of the application. He stated this facility would fill a huge need,
and said he has adopted two Greyhounds personally and spent the last four years in a condo
without any complaints about barking. Responding to Commissioner Jerke, Mr. Goss stated he
does not know what profit is made, and stated most organizations are funded by donations.
Commissioner Jerke stated he is grasping at the reason behind this application,which includes a
5,500 square foot building and modular home,and he expects to be given a fee that is received upon
adoption of the dogs.
Cindy Young,applicant's sister,stated she would like to address the question that was raised about
Dr. Weir obeying the law. She stated the odor complaint was a result of a home in downtown
Loveland,which is very close to neighbors. Ms.Young said Dr. Weir realizes she needs to move
to larger facilities,and that is why this application is before this Board. Ms.Young stated Dr.Weir
did have one complaint in four years, with no chance to respond until it went to Court. She said
while Dr. Weir was waiting for her court date, she researched deodorant, and other options to
resolve the complaint. When the Court Order limited her to ten dogs,she immediately loaded up
the extra dogs and removed them from her home. She continues to spray the yard with deodorizers
and has made a great attempt to mitigate the concerns of her neighbors.
Valerie Hunter-Goss stated she has known Dr. Weir for four years, and she fosters a few
Greyhounds for her,to help her keep her numbers down at her house. She also stated she walks
dogs for Dr.Weir on Sundays when she is out of town. Ms. Hunter-Goss stated she does not look
at this as a commercial business, it will be a 501(C)3 organization if it is not already, and is done
to rescue the dogs from their fates. She reiterated Dr. Weir is abiding by the ten-dog limit.
Cathy Weir stated she is the mother of the applicant, and she has frequently asked why her
daughter has been involved in this so deeply;however,this has been her life and she has devoted
her life to this cause. She stated Dr.Weir is easy to work with and can work out anything that is of
concern.
Larry Williams stated his parents own the adjacent property to the east,and said this is about the
facility, not about Greyhounds or Dr. Weir. Chair Long closed public testimony.
In response to the testimony given,Dr.Weir stated she started the Use By Special Review process
and purchased this property prior to the Court Order. After the Court Order,she did stay within the
numbers through utilization of foster homes and making more frequent trips to deliver dogs. She
stated the Humane Society inspects her home on a monthly basis to verify there is no odor problem,
and she has not received notification of any other problems. She discussed the new design being
proposed for her facility,which will help address any odor problems,with 25 foot by 45 foot turnouts,
with 3 feet of sand to allow adequate drainage. Dr. Weir also discussed the space buffer around
her facility and stated as far as the profit margin is concerned, most breeders and trainers do not
give her a donation, nor does she pay for the dogs. They sign a release form which gives all
responsibility of care to Dr.Weir,including food,spaying or neutering,dental cleaning,treatmentfor
fleas and ticks, vaccinations, bathing, and necessary medical attention. Dr. Weir stated many of
the dogs have broken legs. She said a group she works with reimburses her $60.00 per dog
placement,and$.15 per mile for use of her personal vehicle to deliver the dogs; however, it really
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is not a money making venture. Responding to Commissioner Geile, Dr. Weir stated she has
planned a six-foot chain link fence around the turnout area,and the four-foot berm requested by one
of the neighbors has not been previously discussed. She said landscaping has been considered,
although specific types have not been discussed. She stated that if a berm would be helpful,she
has no problem with it, since she will be digging out three feet of dirt from all the turnouts pens.
Responding to Commissioner Geile about pointing the turnouts to the north, Dr. Weir stated she
would be concerned about getting good melting of snow in the winter,therefore she would rather
not turn it. She stated the berm would be okay, and she is planning a lilac hedge along the back
wall. Responding further to Commissioner Geile,she stated she has no problem with a Condition
of Approval stating no breeding is allowed and there will be no disposal of dead animals allowed on
the property.
Responding to Commissioner Vaad, Dr. Weir stated the acronym, PACFA, in Development
Standard #12 refers to the Pet Animal Care Facility Act. She explained the State Veterinarian
governs how these facilities are run, such as not allowing mixed species to be in the same room,
and requiring drains for each run inside a facility. Comm issioner Vaad stated in order to differentiate
between Dr.Weir's personal dogs from those in the facility,the words"foster Greyhound"could be
added;however, Mr.Morrison suggested the word"rescue"might be appropriate,since for Division
of Natural Resource water issues,she holds ownership of the rescued dogs for the period they are
in her facility. He further responded to Commissioner Vaad that impacting the commercial versus
non-commercial status of the proposal,that testimony heard today makes clear what the applicant
is doing; however, it does not prevent someone buying the property and using the permit in the
future, which is why we do not define it as a commercial or non-commercial endeavor, but in the
number of animals, which is where the impact is. Responding to Commissioner Vaad, Dr. Weir
stated she agrees the word"rescue"would be an appropriate differentiate. Commissioner Jerke
suggested"dogs available for adoption",and Dr.Weir stated all of the rescued dogs are owned by
her for purposes of the paperwork. Commissioner Jerke also stated he realizes her compensation
is meager; however, he did want it in the record that some money is received.
Responding to Commissioner Jerke, Dr.Weir stated the driveway itself is 300 feet from the road,
and the facility, as shown on the model, extends beyond that. She stated the ten acres removed
from crop rotation is in the center of the 80 acres, and the facility is located at the southern end of
that ten acres. Responding further to Commissioner Jerke,Dr.Weir stated the back of the modular
is 200 feet from the end of the driveway, so it is 500 feet from Weld County Road 98.
Commissioner Vaad stated later the Chair will ask Dr. Weir if she agrees with the Development
Standards and Conditions of Approval;however,responding to his specific question,she stated she
understands Development Standards 23.
Clarifying for Chair Long,Dr.Weir stated she does not currently have a full-time caretaker lined up,
although several people are planning to come out for short periods of time;her long-term goal is for
someone to live there full time to make sure complete coverage is given. She stated it is an
engineered,permanent foundation,with normal fiberglass insulation for heating and cooling. Mr.
Gathman clarified there is 1,250 feet from Weld County Road 98 to the back of the ten-acre area
and the front end of the property is 900 to 950 feet from the road; therefore, the house and the
Greyhound facility is 1,100 to 1,200 feet from Weld County Road 98. Commissioner Jerke stated
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that the permitted area for the Use By Special Review would be three football field lengths from the
county road.
Responding to Chair Long about the process,Mr.Morrison suggested the Chair close testimony and
the record,then have deliberations after the two Commissioners have heard the rest of the record.
He said it should be continued to a time certain to deliberate and vote on the proposal.
Commissioner Geile suggested that Development Standard#24 be included to state there will be
no breeding or disposal of dead animals on the property,and after discussion it was determined that
because of the distance from the road, no further specifics need to be included for berming,
screening,or landscaping. Mr.Gathman stated the fencing is already identified as a six-foot chain
link fence,and Commissioner Jerke stated the property owner on the adjacent property to the east
has an option about where to build on the 80 acres. Dr. Weir verified for Chair Long she is in
agreement with the Conditions of Approval and Development Standards as modified, and Mr.
Gathman reiterated that"Greyhoud"will be included in the title and Development Standard#1,and
the supervision of"rescued Greyhound dogs"will be included in Development Standard #18.
Chair Long closed all testimony in this case, and Commissioner Geile moved to continue the
request of Heather Weir for a Site Specific Development Plan and Use by Special Review Permit
#1423 fora Dog Kennel(not to exceed 60 Greyhound dogs)in the A(Agricultural)Zone District,to
August 6, 2003, at which time a decision will be made. Seconded by Commissioner Jerke, the
motion carried unanimously.
This Certification was approved on the 6th day of August, 2003.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
CO NTY, COLORADO
David E. Long, Chair
s, - d`County=O rk to the Board
sbi ( I EXCUSED
� Robert D. den, Pro- em
((j/ u " er to the Board
. . ile
TAPE #2003-29 c%2/kl-t
Willi
H. Jerke
DOCKET#2003-53a /_eift a
Glenn Vaad
2003-1954
PL1674
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