HomeMy WebLinkAbout20160695.tiff HEARING CERTIFICATION
DOCKET NO. 2016-23.B
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR15-0074, FOR A KENNEL (DOG AND CAT RESCUE FACILITY WITH A MAXIMUM
OF 50 CATS/DOGS) IN THE A (AGRICULTURAL) ZONE DISTRICT - EDIE AND
STEVEN MESSICK
A public hearing was conducted on March 2, 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
Commissioner Steve Moreno
Also present:
Acting Clerk to the Board, Tisa Juanicorena
Assistant County Attorney, Bob Choate
Planning Services Department representative, Chris Gathman
Planning Services Engineer representative, Wayne Howard
Public Works Department representative, Janet Lundquist
Health Department representative, Ben Frissell
The following business was transacted:
ki I hereby certify that pursuant to a notice dated February 5, 2016, and duly published
February 10, 2016, in the Greeley Tribune, a public hearing was conducted to consider the
request of Edie and Steven Messick, for a Site Specific Development Plan and Use by Special
Review Permit, USR15-0074, for a Kennel (dog and cat rescue facility with a maximum of 50
cats/dogs) in the A (Agricultural)Zone District. Bob Choate, Assistant County Attorney, made this
a matter of record.
El Chris Gathman, Department of Planning Services, presented a brief summary of the
proposal and a description of the facility. He stated this application is a result of a Zoning Violation,
ZCV15-00118, due to the operation of a kennel without the proper zoning permits. Mr. Gathman
mentioned the applicant did meet with the three closest neighbors to address any concerns and
more specifically with one neighbor who expressed concerns with the dogs barking. He described
the location and surrounding properties to include nearest residences and stated eleven (11)
letters were received from surrounding property owners citing concerns to include barking dogs,
impacts on home values, and questions regarding adoption process. He also mentioned staff
received phone calls and one (1) letter in support of the application. Mr. Gathman pointed out the
Development Standards that address the concerns. He stated staff sent out ten (10) and received
eight (8) referrals indicating no concerns or suggestions that have been included. He clarified the
site is not within a three (3) mile referral area of any municipality. In response to Commissioner
Conway, Mr. Gathman clarified the number of letters received, reviewed the communication that
had taken place between the applicant and the neighbors to address their concerns, and stated
only one neighbor attended the Planning Commission hearing. He displayed photos and entered
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the favorable recommendation of the Planning Commission into the record as written.
• Janet Lundquist, Department of Public Works representative, provided a brief overview of
the transportation plans and requirements to include the location of the site in relation to County
roads, average traffic counts, number of proposed vehicle trips to the site and stated there is no
tracking control or Improvements Agreement required at this time.
• Wayne Howard, Planning Services Engineer representative, briefly described drainage plans
and requirements and stated Development Standards (DS) #19-20 address these requirements.
• Ben Frissell, Department of Public Health and Environment, reviewed the water and sewer
provisions to include a domestic well that has been converted to a commercial well and the
requirement that the current domestic septic system be converted and re-permitted as a
commercial septic system prior to recording the plat. He clarified the applicant does not have a
license from the Colorado Department of Agriculture yet, and once received it must be displayed
at all times. Mr. Frissell briefly reviewed the Waste Management Plan and noise restriction and
stated DS #8-17 address typical Environmental Health items.
• Edie Messick, applicant, co-founder and chief operating officer, stated their operation is a
non-breed specific rescue and they rescued approximately 120 animals in 2015. She reviewed
the start-up costs and her personal investment into the operation to include operating expenses,
capital expenses, and donations. Ms. Messick also mentioned an article written about the
organization by the Wellington Weekly and reviewed her efforts to reach out to surrounding
property owners by offering an open house and speaking to them personally. She explained the
organization and operation procedures to include a detailed outline of the improvements to the
property to properly accommodate the animals, the veterinarian support, and numerous letters of
support.
• Joe Clingan, Nunn Police Department, stated he drives by this facility every day and that he
owned a kennel in the past. He explained he met Ms. Messick and asked if he could visit her
kennel. Officer Clingan reported the establishment to be very high quality and spacious with high
quality equipment and open space for the dogs to exercise and that he has visited frequently. He
stated his reason for today's visit is to communicate the need for this facility from the angle that
the Town of Nunn seems to be a "drop-off' for unwanted pets and there is no funding available to
contract with animal control; therefore, he is interested in working closely with Ms. Messick for the
benefit of the Town of Nunn and for the animals that need a shelter until a proper home can be
found. Officer Clingan emphasized that Ms. Messick is an animal enthusiast and the kind of
person who should run a pet rescue facility.
• In response to Commissioner Conway, Ms. Messick explained the process of getting the
animals from high kill shelters and from those who have heard about her rescue operation. She
listed the various states she has received animals from. Ms. Messick also explained the adoption
process and the goal to place every animal. She explained if an animal is not ready for adoption
because of trauma or abuse, they are committed to working with the dog and socializing them
until it is possible.
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• In response to Commissioner Cozad, Ms. Messick stated her rescue is primarily equipped
for dogs but they do currently have three cats and recently adopted out one cat. In further
response, she explained the process to get the license from the Department of Agriculture, which
is currently waiting on the zoning approval.
• In response to Commissioner Moreno, Ms. Messick explained the number of employees and
volunteers who participate and clarified she does not advertise for volunteers due to the operation
being located on her property where her residence is. In further response, she explained the
veterinarian support used for the rescue.
• In response to Chair Freeman, Ms. Messick indicated no concerns with the Conditions of
Approval or Development Standards.
• Commissioner Kirkmeyer suggested deleting Condition of Approval (COA) #1.6.6 and
Development Standards (DS) #4-6. She recommended corrections to DS #16, 19 and 20. Chair
Freeman suggested deleting COA #1.B.7. Mr. Gathman recommended COA #1.B.8 can be
deleted as well. The Board agreed to all the recommended changes.
• In response to Chair Freeman, Ms. Messick indicated she has reviewed, and agrees to
abide by, the Conditions of Approval and Development Standards, as amended.
• Commissioner Moreno moved to approve the request of Edie and Steven Messick, for a
Site Specific Development Plan and Use by Special Review Permit, USR15-0074, for a Kennel
(dog and cat rescue facility with a maximum of 50 cats/dogs) 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 and entered into the record.
The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously. There being
no further discussion, the hearing was completed at 1:55 p.m.
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This Certification was approved on the 7th day of March, 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY,�n COLORADO
ATTEST: ddavtiC� ��,/ t, 'Y�(� 'lea-- -
�• �C,11o�� Mike Freeman, Chair
Weld County Clerk to the Board
n Sean P. Conway, Pro-Te �)
BY: 9i!l
De Clerk to the oard
Ell.,,® Jul . Cozad
APPROVED AS TO FOR ��� AUL LA--
it
rbara Kirkmeyer
County Attorney
► I Steve Moreno
Date of signature:
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