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HomeMy WebLinkAbout20202908.tiffHEARING CERTIFICATION DOCKET NO. 2020-60 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR20-0019, FOR A KENNEL (CAT RESCUE SHELTER) IN THE A (AGRICULTURAL) ZONE DISTRICT - LANCE AND CHERYL MESSINGER A public hearing was conducted on September 30, 2020, at 10:00 a.m., with the following present: Commissioner Mike Freeman, Chair Commissioner Steve Moreno, Chair Pro-Tem Commissioner Scott K. James Commissioner Barbara Kirkmeyer Commissioner Kevin D. Ross Also present: Acting Clerk to the Board, Jan Warwick Assistant County Attorney, Bob Choate Planning Services Department representative, Maxwell Nader Public Works Department representative, Mike McRoberts Health Department representative, Lauren Light The following business was transacted: I hereby certify that pursuant to a notice dated August 20, 2020, and duly published August 26, 2020, in the Greeley Tribune, a public hearing was conducted to consider the request of Lance and Cheryl Messinger, for a Site Specific Development Plan and Use by Special Review Permit, USR20-0019, for a Kennel (cat rescue shelter) in the A (Agricultural) Zone District. Bob Choate, Assistant County Attorney, made this a matter of record. IR Maxwell Nader, Department of Planning Services, presented a brief summary of the proposal for a kennel, cat rescue shelter, for Longmont Friends of Feral and Abandoned Cats, a non- profitgroup of volunteers who run a trap -neuter -vaccinate -return operation for feral cats in Longmont and the surrounding area, which will house up to 25 cats indoors and approximately 30 cats outdoors. Mr. Nader described the proposed cat fence to be installed, the existing fence, and the existing natural landscaping, which will be maintained, as described in Development Standard (DS) #8 (Landscaping and Screening). Mr. Nader described the proposed eight (8) foot by eight (8) foot storage building and the operating hours of 8:00 a.m. to 10:00 p.m., with a minimum of five (5) volunteers and a maximum of ten (10) volunteers per day, with up to 15 volunteers two (2) times a month for training. Mr. Nader stated the Department of Planning Services sent out notices to 17 surrounding property owners (SPO) within 500' feet and staff received two letters in opposition. He noted the site is located within the three-mile referral area of the City of Longmont and the Towns of Firestone and Mead, none of which had any concerns with the request. Mr. Nader described the surrounding Use by Special Reviews (USR), presented a sketch of the site plan and displayed photos of the area. IE Mike McRoberts, Department of Public Works (PW), stated access for the site is on State Highway 66, at a location approximately 680 feet east of County Road (CR) 3, and since access CC PL(pod /TO P1,3 (11A0/1 ((AV(Li.) tolZo(Zo2.O 2020-2908 PL2762 HEARING CERTIFICATION - LANCE AND CHERYL MESSINGER (USR20-0019) PAGE 2 is not from a county maintained roadway, PW is not requiring tracking control or a traffic impact study. He stated this project does not require a drainage report or a retention pond design, as it qualifies for exception to stormwater detention. Mr. McRoberts stated should the applicant disturb more than one (1) acre of land in the future, a grading permit would be required. e Lauren Light, Department of Public Health and Environment (EH), stated water is supplied by the Longs Peak Water District (LPWD), which had no issue with the change in use to a cat rescue, and a commercial septic system has been installed and is sized for a three (3) bedroom house. Ms. Light relayed the typical dust and waste items have been included, Development Standards (DS) #10 —18 address EH items, and staff has no outstanding issues with the request. Rosi Dennett, Front Range Land Solutions, represented the applicant, and stated they agree with staff's recommendations, and will meet the conditions of approval. She described the existing structure, mature landscaping, the proposal of an outer storage building closer to the house, and the privacy fence which will be installed along the front of the property for screening purposes. e Tonnie Loutzenhiser, Executive Director of Longmont Friends of Feral and Abandoned Cats, stated they have been a non-profit since 2013, and their primary focus is to trap, neuter and return (TNR) feral and community cats, which are given vaccinations, and their left ears are tipped, signifying the cats have been neutered/spayed and vaccinated. Ms. Loutzenhiser stated Boulder County and Weld County citizens utilize their services free of charge, as the non-profit is funded through grants, individual donations and fundraisers. She explained some cats may be removed from a property if there are too many in one location, if the cats are in poor condition and require medical care, if the kittens can be easily tamed, which brings the population of feral cats down much quicker, or if there is no one to care for them. She explained they are licensed as a rescue through the State of Colorado, Department of Agriculture, and if this application is approved, they will be licensed through Pet Animal Care Facilities Act (PACFA), as a shelter which will better enable their TNR program, noting they TNR'd 358 cats in Weld County in the last three (3) years. El In response to Commissioner James, Ms. Loutzenhiser explained they are regulated by the state and there will be measures in place to ensure cats cannot escape. In response to Commissioner Ross, she confirmed solid waste will be hauled away and responding to Commissioner Kirkmeyer, she reiterated the number of cats anticipated to be housed with the project. IR No public testimony was offered concerning this matter. Commissioner Kirkmeyer suggested deletion of DS #3 (hours of operation) and #4 (number of on -site volunteers). Mr. Nader requested removal of Condition of Approval (COA) #1.A (Building Inspections). The Board agreed to all the aforementioned changes. e In response to Chair Freeman, Ms. Dennett, on behalf of the applicant, indicated they reviewed, and agreed to abide by, the Conditions of Approval and Development Standards, as amended. 2020-2908 PL2762 HEARING CERTIFICATION - LANCE AND CHERYL MESSINGER (USR20-0019) PAGE 3 IR Commissioner Kirkmeyer moved to approve the request of Lance and Cheryl Messinger for a Site Specific Development Plan and Use by Special Review Permit, USR20-0019, for a Kennel (cat rescue shelter) 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 amended. The motion was seconded by Commissioner Ross, and it carried unanimously. There being no further discussion, the hearing was completed at 12:57 a.m. This Certification was approved on the 5th day of October, 2020. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ditAtdv ' JCllo;ei Weld County Clerk to the Board BY: Deputy Clerk to the Board EXCUSED DATE OF APPROVAL Mike Freeman, Chair 'thy -rte Stev oreno, Pro-Tem Scoit K. James rbara Kirkmeyer Kevin D. Ross 2020-2908 PL2762 ATTENDANCE LIST q- • zo NAME -PLEASE PRINT LEGIBLY -T.N tcyfdiokG(45a- '( ADDRESS (CITY, STATE ZIP) /(61,2 /d/ 6617 EMAIL )(O /(/CO 'tI 7 ,, COUNTY OF RESIDENCE Cpl( SPEAKING (YIN)? v V Hello