HomeMy WebLinkAbout20163834.tiffHEARING CERTIFICATION
DOCKET NO. 2016-96
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR16-0038, FORA KENNEL (FOR RESCUE AND BOARDING OF 13 ANIMALS, BOTH
DOGS AND CATS) IN THE A (AGRICULTURAL) ZONE DISTRICT - RICHARD
MARTINEZ, C/O FUREVER DOG RESCUE AND BOARDING, CIO DEBBIE LINDER
A public hearing was conducted on December 28, 2016, at 10:00 a.m., with the following present:
Commissioner Mike Freeman, Chair
Commissioner Sean P. Conway, Pro-Tem
Commissioner Julie A. Cozad
Commissioner Barbara Kirkmeyer - EXCUSED
Commissioner Steve Moreno
Also present:
Acting Clerk to the Board, Tisa Juanicorena
Assistant County Attorney, Bob Choate
Planning Services Department representative, Diana Aungst
Public Works Department representative, Janet Lundquist
Planning Services Engineer representative, Hayley Balzano
Health Department representative, Lauren Light
The following business was transacted:
I hereby certify that pursuant to a notice dated November 17, 2016, and duly published
November 23, 2016, in the Greeley Tribune, a public hearing was conducted to consider the
request of Richard Martinez, c/o Furever Dog Rescue and Boarding, c/o Debbie Linder, for a Site
Specific Development Plan and Use by Special Review Permit, USR16-0038, for a Kennel (for
rescue and boarding of 32 animals, both dogs and cats) in the A (Agricultural) Zone District. Bob
Choate, Assistant County Attorney, made this a matter of record.
Diana Aungst, Department of Planning Services, presented a brief summary of the proposal
for a kennel and rescue for up to 32 dogs and/or cats. She reviewed the site location and stated
15 referrals were sent out and 11 agencies indicated no concerns or did not respond. Ms. Aungst
stated the applicant is requesting to have up to 10 rescue animals and 10 boarded animals at any
time and would like to have up to 32 animals as the approved maximum. She reviewed the hours
of operation, parking, structures, and stated no additional landscaping is proposed. Ms. Aungst
confirmed the existing landscaping, fencing and lighting complies with the requirements and she
reviewed the details related to the zoning violation and the potential scenarios based on the
outcome of today's hearing. She described the site location in reference to nearest residences
and other kennels and USRs within close proximity. Ms. Aungst stated staff has received three
(3) letters in support and one (1) letter and one phone call of objection. She conveyed the owner's
commitment to mitigate and keep the animals inside. She displayed images of the site and
surrounding area and entered the unfavorable recommendation of the Planning Commission into
the record as written. In response to Commissioner Moreno, Ms. Aungst stated she has not
verified the residence location of the letter of objection.
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• Chair Freeman reviewed, for the applicant and the public, the procedures to follow should
the case result in a tie vote due to four Commissioner's being present and one Commissioner
excused. Debbie Linder, applicant, stated she understood.
Janet Lundquist, Department of Public Works representative, provided a brief overview of
the transportation plans and requirements to include the approved Access Permit Number,
AP16-00486, and stated there are no traffic counts for this subdivision area. She confirmed the
applicant is proposing one (1) to two (2) daily round trips per day and based on the low volume,
there will be no tracking control or Improvements Agreement required.
El Hayley Balzano, Planning Services Engineer representative, presented the drainage
requirements and stated the site does meet the Drainage Exception 1.A.11 due to being less than
one (1) gross acre in size. She reviewed the relevant Conditions and Development Standards.
• Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions stating water service is provided by Aristocrat Ranchette and the existing septic system
is permitted for four (4) people; however, should the use exceed that limitation, it will be required
to have an Engineer review the system. She stated a portable toilet can be used for employees
and customers if they are on -site for less than two (2) hours. She reviewed the requirements
related to the Department of Agriculture licensing, nuisance conditions, dust, waste and noise and
stated Development Standards (DS) #14 — 24 are typical Environmental Health items. In response
to Commissioner Conway, Ms. Light reviewed the Residential Zone District noise limitations. In
response to Commissioner Cozad, Ms. Light verified the Department of Agriculture license
requirement is the same for kennels and shelters.
• Debbie Linder, applicant, stated her business is considered more of a shelter and she hopes
to add the fostering aspect in the future; furthermore, she provided an update on the status of her
license. She reviewed the history of her operation to include the various municipalities and
agencies she assists with finding homes for the homeless animals. Ms. Linder explained the
rescue operation as one of the reasons they chose to move to this property and emphasized the
garage is almost complete which will be used to house some of the dogs that cannot withstand
the cold until the kennels are finished. She stated they had to stop construction due to the zoning
violation and have since cooperated with the USR application process in the hope of moving
forward. Ms. Linder explained the request for up to 32 dogs is only in the event of an emergency;
however, the norm would be 10-15 dogs. She also explained that she recently put in her
paperwork to retire from Adams County so that she would be home full-time and able to care for
the dogs and that this affects the hours of operation and her availability to meet with potential
adopters. Ms. Linder reviewed the adoption process and stated she will have a sign posted and
security system, and her desire is to be a good neighbor and provide a service to the community.
In response to Commissioner Conway, Ms. Linder stated she has not visited the neighbors in
opposition because of the angry communication. In further response, she stated she is willing to
reduce the maximum number and reiterated she was requesting 32 only in the event of an
emergency and she then requested 10-15 as an acceptable compromise.
El Dave Freyta, neighbor, stated he is opposed to the number of dogs because these are
stressed dogs. He cited concerns with safety for the neighborhood kids walking to and from the
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bus stop that is in close proximity, property values declining, and the noise. In response to
Commissioner Moreno, Mr. Freyta pointed out his house on the map. In response to
Commissioner Conway, Mr. Freyta confirmed he owns his property and stated there are already
existing dogs that bark and that having a kennel is not good for the neighborhood. In response to
Commissioner Cozad, he stated even if the number of dogs is reduced, he is still opposed due to
the barking.
Rick Martinez, property owner and co -applicant, stated his property value has increased due
to building a garage on the property and he supports the rescue because it is helping find homes
for surrendered dogs. He expressed understanding regarding the noise but emphasized the
positive result that they have never had a dog returned to them. Mr. Martinez stated he is not
trying to upset the neighbors. In response to Commissioner Cozad, Mr. Martinez verified he lives
on -site and owns the property. He further explained their effort to create a non-profit and that the
paperwork has been submitted. Mr. Martinez explained he was not aware they needed a permit
for housing over four (4) dogs and once they were made aware, they moved forward with the
application. In further response to Commissioner Cozad, he explained that Ms. Linder is now
home during the day. In response to Commissioner Moreno, Mr. Martinez reiterated his property
value has increased by $60,000.00 since they purchased the home due to the new garage. In
response to Commissioner Conway, Mr. Martinez explained how they acquire the dogs, vet them
and train them, and how they adopt them out utilizing the website and various contacts. In
response to Commissioner Moreno, Mr. Martinez stated they already had a dog rescue operation
when they lived in Commerce City and they did not contact the other neighbors because they
thought this was a more acceptable location considering the other kennels in the area. He
reviewed the outcome of the neighborhood meeting with one person opposed and several others
in support.
Haley Linder, daughter of Debbie Linder, stated she supports the dog rescue and that it is
no surprise to her that her Mom started this endeavor and it is a great idea for her to retire and be
able to train the dogs and devote her time and attention to them. She stated it can only help the
community address the issue of stray dogs with little to no resources available for them resulting
in these dogs being euthanized after only five days at other facilities. In response to Commissioner
Conway, Ms. Linder stated she lives in Northglenn and helps her Mother on the weekends with
care for the dogs and the grounds. In further response, Ms. Linder stated of course every dog will
bark but she thinks with her Mom being home more and able to give more attention to the dogs,
they will not have so much energy built up and will bark less.
Brittany Linder, daughter of Debbie Linder, stated she approves of the rescue and she
provided the history of helping get the property set up and the fact that they always had animals
and always took good care of them. She supports her Mom retiring and stated it will be better for
the dogs to receive attention all day.
In response to Commissioner Cozad, Ms. Linder stated the garage is 95% done and they
are hoping to complete the construction after getting the approval and permitting started. She
stated the play yard is done, which is a 50 X 50 area, used for socialization and contains different
areas for smaller dogs and bigger dogs. Ms. Linder reviewed the use for the garage in relation to
the business and stated she does not think they need a portable toilet because there is generally
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only one family visiting at a time based on setting appointments. In further response to
Commissioner Cozad, Ms. Linder stated she has lived at this location since March, 2016, and she
was adopting dogs at the other property as well. In response to Commissioner Cozad, she stated
10-15 dogs, including her three (3) personal dogs and basically ten (10) rescue dogs would be
her minimum. She further stated her plan is to be on -site most of the time by mid -January when
her retirement begins.
• In response to Commissioner Conway, Ms. Linder stated her dogs like to run the fence line
but are inside the fence and if a dog escapes, she immediately follows them and returns them to
the site. She stated they have never had a dog escape without their notice and she stated often
there are other dogs in the community that are not contained that cause problems. She pointed
out her residence and the bus stop on the map.
El Commissioner Cozad suggested removing the portable toilet on Development Standard
(DS) #19 because it does not seem to be a need. Ms. Light stated it was added as an option and
can be removed. Commissioner Cozad further requested clarification on nuisance language in
DS #18. Ms. Light stated it is covered by the State Statute that is referenced. Commissioner
Cozad recommended amending DS #22 to change "...and nuisances are minimized." to read
"...so that nuisance conditions do not exist." The Board agreed to the changes. In response to
Commissioner Cozad, Ms. Aungst stated she will research the date of violation. Ms. Linder
interjected that as soon as she learned of the violation, they began the process for the application.
In response to Commissioner Moreno, Ms. Linder defined the parameters for the on -site
employees and volunteers.
• In response to Commissioner Moreno, Ms. Linder explained how the hours of operation will
change with her retirement. Chair Freeman suggested deleting DS #4. The Board agreed.
• In response to Commissioner Cozad, Ms. Aungst provided the Zoning Violation Case
Number, ZCV16-00067, and stated a complaint was received June 6, 2016, and a zoning violation
letter was sent on July 11, 2016. She confirmed the case was forwarded to the County Attorney
in early September. She also reviewed when the applicant submitted the application for the USR
and reviewed the more stringent rules regarding zoning violation cases and the procedures to
ensure the applicant has specific deadlines and makes an effort to correct the matter or faces
consequences for lack of correction and she reiterated the violation will be dismissed if the
application is approved today.
El The Board discussed the procedures regarding violation cases. Mr. Choate verified the USR
application was dated September 26, 2016, which was two (2) weeks after the case was filed with
the courts and one (1) week after the applicant was served. Ms. Aungst interjected this particular
case needed a completed application by August 31, 2016, and one was not received; therefore,
the case was forwarded to the County Attorney's office.
• Commissioner Cozad stated she has some changes to suggest if the Board is willing to
consider an approval. The Board agreed to move forward in consideration of the changes and
Mr. Choate reminded the Board to make the motion to approve and then move forward with their
individual findings.
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• Commissioner Conway suggested deleting DS #5. The Board agreed.
Commissioner Cozad suggested limiting the maximum number of animals on -site to ten
(10). After further discussion with the applicant, the Board decided to limit the maximum number
of animals to thirteen (13), which includes the applicant's personal animals. Commissioner Cozad
stated it needs to be redefined in DS #1 and #9. Commissioner Cozad recommended the hours
the dogs shall be kept indoors remain 7:00 a.m. to 7:00 p.m. on DS #8. The Board agreed. She
further suggested, on DS #19, removing the verbiage related to the portable toilets. Ms. Light
interjected to keep only the first sentence. The Board agreed.
Commissioner Cozad stated she has two (2) new Development Standards to be considered.
She recommended a new DS #4 regarding an on -site staff person shall be on the premises for a
minimum of 8 hours per day of the 12 hours that the dogs are outside. Mr. Choate suggested the
following language, "The facility shall have a person on -site any time there are more than three
dogs outside." The Board agreed. Commissioner Cozad suggested another new DS #5 to read,
"The applicant shall have a permanent sign with telephone contact information posted at the
entrance of the property." Ms. Linder stated she does have a sign and that may have started the
violation process and she further stated she has started the neighborhood watch program also
with a sign. Commissioner Cozad stated she still wants this requirement to be on the Resolution
as a Development Standard.
• Mr. Choate pointed out the current draft Resolution does not include substantive findings
but the staff report does include the findings from staff and these can be added to the final
Resolution if the Board agrees with these findings. After further discussion, the parameters of the
final Resolution were agreed upon.
• In response to Chair Freeman, Ms. Linder indicated she has reviewed, and agrees to abide
by, the Conditions of Approval and Development Standards, as amended.
El Commissioner Cozad moved to approve the request of Richard Martinez, do Furever Dog
Rescue and Boarding, do Debbie Linder, for a Site Specific Development Plan and Use by
Special Review Permit, USR16-0038, for a Kennel (for rescue and boarding of 13 animals, both
dogs and cats) in the A (Agricultural) Zone District, based on the recommendations of Planning
staff, with the Conditions of Approval and Development Standards as amended and entered into
the record. Commissioner Cozad stated she agrees with the findings of staff and that those
findings are consistent with the intent of the Chapter 22 requirements regarding the
Comprehensive Plan and the Agricultural Zone District and she reiterated the change to limit the
maximum number of animals to 13, and with adding the changes and new Development
Standards as decided on today. Furthermore, the application complies and is not in a floodplain
or affecting drainage, and is not considered prime farm land. She stated there is adequate
provision for the health, safety and welfare of the neighborhood with the changes made today.
The motion was seconded by Commissioner Conway. Commissioner Cozad encouraged the
applicant to meet with her neighbors and try to work things out. Commissioner Conway expressed
his appreciation for the public being present and echoed the sentiment to work with the neighbors.
He stated with the substantial changes the Board has tried to address the concerns and mitigate
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any impacts. Commissioner Moreno concurred with his fellow Commissioners and thanked Mr.
Freyta for bringing his concerns to their attention and encouraged all involved to continue to have
conversations and be good neighbors. Chair Freeman stated his agreement with all that had been
said. There being no further discussion, the motion carried unanimously and the hearing was
completed at 11:41 a.m.
This Certification was approved on the 4th day of January, 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:d ,gi
Weld County Clerk to the Board
Date of signature: Ottati ('7
Mike Freeman, C air
Sean P. Conway, Pro-Te
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Steve Moreno
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