HomeMy WebLinkAboutADVANCED ANIMAL CARE OF COLORADO - MOD. OF STAND. - MOD110001 - DECISION - CORRESPONDENCE-HEARING1530 Riverside Avenue, Advanced Animal Care of Colorado — Modification of Standard
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Advanced Animal Care of Colorado Modification of Standard
Administrative Hearing Findings, Conclusions, and Decision
Date 06/24/11
Page 11 of 11
Dated this 24th day of June 2011, per authority granted by Sections
1.4.9(E) and 2.1 of the Land Use Code.
Advanced Animal Care of Colorado Modification of Standard
Administrative Hearing Findings, Conclusions, and Decision
Date 06/24/11
Page 10 of 11
odors noticeable from adjacent properties. Advanced Animal
Care of Colorado's outdoor supervision policy will serve to
ensure that such nuisances are mitigated and will allow this use
to be compatible with other uses permitted in the Industrial zone
district.
SUMMARY OF CONCLUSIONS
A. The requested Modification of the Standard in Subsection 3.8.5(A) and
3.8.22 (A) of the Land Use Code for Advanced Animal Care of Colorado is
subject to an Administrative (Type 1) review.
B. Granting the requested modification would not be detrimental to the public
good.
C. The requested Modification of Standard to Sections 3.8.5(A) and 3.8.22(A)
are supported by the criteria set forth in Section 2.8.2(H)(1), in that, the
plan as submitted "will promote the general purpose of the standard for
which the modification is requested equally well or better than would a
plan which complies with the standard for which a modification is
requested," based on the following:
o All animals utilizing the outdoor areas will be fully monitored by
Staff and thus excessive barking and/or odors will be effectively
mitigated and the facility can be said to be equal to a completely
indoor facility in respect to noise and odor.
D. This request is only for a modification to the specific standards in Section
3.8.5(A) and 3.8.22 (A) -of the LUC. The applicant has submitted a Minor
Amendment for the proposed addition of use on the site, which is currently
being reviewed by the City separate from this request for a modification of
standard.
Staff recommends approval of the Advanced Animal Care of Colorado, Modification
of Standards, MOD110001
DECISION
The Advanced Animal Care of Colorado Modification of Standard # MOD110001,
is hereby approved by the Hearing Officer without condition.
Advanced Animal Care of Colorado Modification of Standard
Administrative Hearing Findings, Conclusions, and Decision
Date 06/24/11
Page 9 of 11
dog problem will be non-existent. Based on the vision for the
practice and the ethical beliefs of the owner of the veterinary
hospital, a barking dog is a sign of a stressed animal that reflects
poorly on the care of that pet. AACC would perceive a barking
problem as neglect of an animal and it will not be tolerated.
Additionally, noise from the outside yards will never be more than
65 decibels so this will not be a concern.
We look forward to working with you during this process and will be happy to
answer any questions you may have.
Sincerely,
Cathy Mathis, APA
Project Manager, The Birdsall Group
4. STAFF'S ANALYSIS OF MODIFICATION REQUESTS
Section 3.8.5 (A) Small Animal Veterinary Clinic and Hospital Regulations, states
that, " All facilities of a small animal veterinary clinic or a small animal veterinary
hospital, including all treatment rooms, cages, pens, kennels and exercise runs,
shall be maintained within a completely enclosed, soundproof building, " and
Section 3.8.22 (A) Dog Day -Care Facility Regulations, states that, "All services
provided by a dog day-care facility shall be conducted within a completely
enclosed, soundproof building." The Applicant's Modification of Standard request
is to have four (4) separate outdoor fenced areas, for agility training, surgery
rehabilitation, exercise and hospitalized pets, of various sizes, on the sides and
rear of the building.
In reviewing the proposed documentation provided by the Applicant for purposes
of determining whether it accomplishes the purposes of this section as required,
Staff has determined that:
• Granting the requested modification would not be detrimental to the
public good.
• The proposed outdoor dog areas on the site meets the criteria set forth
for a Modification of Standard Request in Section 2.8.2(H)(1), in that,
the plan as submitted "will promote the general purpose of the
standard for which the modification is requested equally well or better
than would a plan which complies with the standard for which a
modification is requested," based on the following:
o The purpose of the Standards in Subsection 3.8.5(A) and
3.8.22(A) is to reduce and/or eliminate bothersome noise and
Advanced Animal Care of Colorado Modification of Standard
Administrative Hearing Findings, Conclusions, and Decision
Date 06/24/11
Page 8 of 11
Section 3.8.22(A), Dog Day -Care Facility Regulations, states the following:
"All services provided by a dog day-care facility shall be conducted
within a completely enclosed, soundproof building."
Requested Modification: We request that the dog day-care facility be
allowed to have an outdoor supervised dog exercise yard.
Justification
We feel that the plan as submitted will promote the general purpose of the
standard for which the modification is requested equally well or better than
would a plan which complies with the standard for which a modification is
requested and will continue to advanced the purposes of the Land Use
Code as contained in Section 1.2.2 for the following reasons:
• The client has a proven track record when it comes to developing a
similar hospital on South College Avenue. The VCA clinic is located
adjacent to Fairway Estates, a historically sensitive neighborhood
who adamantly opposed to the hospital. The owners worked closely
with the neighborhood and the City to assure that potential issues
with the outdoor yard, such as noise and lighting, were addressed.
The VCA has continued to be a good neighbor and there are not
problems. In fact, one of the neighbors wore a letter of support for
Dr. Heather Steyn and the hospital. Dr. Steyn was in charge of
overseeing the VCA hospital, building it to the guidelines of the City
and maintaining itself as a good neighbor until beginning this
project.
• The location of the site is in an Industrial district and is not located
near or adjacent to any residential neighborhoods. Further, there is
a railroad north of the site and it has been noted that noise the train
whistle makes would far exceed any potential barking dog.
• The proposed plan seeks to re -use and upgrade an existing, vacant
building by making significant alternations to the exterior of the
building, as well as parking lot and landscape upgrades.
• The proposed plan ensures sensitivity to the character of existing
neighborhoods by developing like uses next to like uses. We feel
that the proposed plan does not detract in any way from satisfying
this purpose.
• The difference between the proposed alternative plan and a plan
that meets the code is that any full -service veterinary hospital
facility could not exist and function without the outdoor yards. We
feel that the difference is inconsequential and that, by proper
management, monitoring and staffing, the whole issue of a barking
Advanced Animal Care of Colorado Modification of Standard
Administrative Hearing Findings, Conclusions, and Decision
Date 06/24/11
Page 7 of 11
either on leash or working individually on equipment. Play groups will be
supervised by employees, trainers and possibly owners for the guidance
of teaching socialization, manners, obedience and exercise. Allowing the
dogs to play too hard, bark or be aggressive goes against the purpose of
the classes and play groups so this will not be tolerated.
Supervised Exercise Yard — One staff member per animal or per family of
pets (if there are two (2) dogs from the same family lodging together —
they will be exercised together.)
Hospital Dog Yard - This is just a walking/eliminating area for sick patients
or hospitalized pets. These dogs are walked on leash only and not allowed
to play due to the nature of their stay with the hospital. These will always
be walked by an employee or an owner. This allows for prevention of
cross contamination of a sick pet to our healthy pet population in other
areas.
Each yard will be fully fenced with a 5' high metal open -rail fence.
The core issue of this modification revolves around the fact the LUC
mandates that all facilities associated with the above -mentioned uses be
located entirely indoors. We are therefore requesting a modification of two
standards to allow AACC to utilize outdoor supervised yards for this
facility.
These modifications are requested in accordance with the review
procedures set forth in Section 2.8.2(H) of the LUC as follows:
Modification to Section 3.8.5(A)
Section 3.8.5 (A) Small Animal Veterinary Clinic and Hospital Regulations,
which states the following:
"All facilities of a small animal veterinary clinic or a small animal
veterinary hospital, including all treatment rooms, cages, pens,
kennels and exercise runs, shall be maintained within a completely
enclosed, soundproof building."
Requested Modification: We request that the veterinary and ancillary
portions of the facility be allowed to have outdoor supervised dog yards.
We do not have any planned exterior treatment rooms, cages, pens,
kennels or exercise runs- all of our enclosed outdoor areas are true yards
as described above.
Modification to Section 3.8.22(A)
Advanced Animal Care of Colorado Modification of Standard
Administrative Hearing Findings, Conclusions, and Decision
Date 06/24/11
Page 6 of 11
1530 Riverside Avenue. The property is located in the Industrial Zone
District. Land uses adjacent to the property are Academy Storage and
railroad tracks to the north, the Sears Trostel building to the west,
Riverside Avenue on the south and Best Rental to the east. The site was
originally approved under the previous code that allowed all non-
residential uses; therefore, the proposed use is currently being approved
through the minor amendment process. Improvements will include exterior
and interior renovations to the existing building, re -striping and "cleaning -
up" the existing parking lot and landscape areas, and the addition of three
supervised fenced dog yards. The yard to the outside from the pool is for
safety only and is not going to be used for exercise; this is so the dogs in
the pool can't run away when the doors are open for fresh air.
Advanced Animal Care of Colorado (AACC) will be a full service veterinary
hospital facility staffed by multiple veterinarians for the use of diagnosis,
treatment and prevention of animal diseases limited to dogs, cats, pocket
pets and avian species. Overnight hospitalization and medical lodging will
be offered within the veterinary hospital. AACC will also be offering
ancillary services which include: dog day care, training, grooming and
behavioral counseling as well as lodging of well pets for overnight care not
associated with medical lodging. Animals for lodging will be housed in
indoor suites. Staff members, in the attached play parks, will exercise
lodging pets under complete supervision. There will be no outside
kenneling or unsupervised pets allowed outside at anytime. Additional
services provided at AACC will be rehabilitation and conditioning services
that include swim therapy, underwater treadmill and other physical therapy
modalities.
Given the latest trends in animal care, veterinarians are now providing a
"full -service"/ "one stop shop" of services. Outdoor exercise areas are
critical to the functionality of the services provided by AACC. We believe
that to create a safe, low stress environment for the pets that are staying
with us it is necessary to mimic the home situation as much as possible.
The safe fenced exercise areas allow for staff members to exercise the
dogs in a safe, interactive manner- not just have an area for them to
eliminate in. These yards mimic the home backyard with the exception of
not allowing the dogs to remain in the yards at anytime unsupervised by
an employee.
The following describes each outdoor area and its function and operation:
Supervised Agility Park — 15 dogs per class, group play, supervised by
employees, owners and trainers. These are organized classes with dogs
Advanced Animal Care of Colorado Modification of Standard
Administrative Hearing Findings, Conclusions, and Decision
Date 06/24/11
Page 5 of 11
(2) the granting of a modification from the strict application of any
standard would, without impairing the intent and purpose of this
Land Use Code, substantially alleviate an existing, defined and
described problem of city-wide concern or would result in a
substantial benefit to the city by reason of the fact that the
proposed project would substantially address an important
community need specifically and expressly defined and described
in the City's Comprehensive Plan or in an adopted policy,
ordinance or resolution of the City Council, and the strict application
of such a standard would render the project practically infeasible; or
(3) by reason of exceptional physical conditions or other extraordinary
and exceptional situations, unique to such property, including, but
not limited to, physical conditions such as exceptional narrowness,
shallowness or topography, or physical conditions which hinder the
owner's ability to install a solar energy system, the strict application
of the standard sought to be modified would result in unusual and
exceptional practical difficulties, or exceptional or undue hardship
upon the owner of such property, provided that such difficulties or
hardship are not caused by the act or omission of the applicant; or
(4) the plan as submitted will not diverge from the standards of the
Land Use Code that are authorized by this Division to be modified
except in a nominal, inconsequential way when considered from the
perspective of the entire development plan, and will continue to
advance the purposes of the Land Use Code as contained in
Section 1.2.2. "
The Applicant has proposed that the modification of the standard would not be
detrimental to the public good and that it meets the requirements of Section
2.8.2(H) (4) of the Land Use Code.
3. APPLICANT'S REQUEST
Dear Decision Maker,
Please accept this request for a Modification of Standards to Sections
3.8.5(A) and 3.8.22 (A) of the Land Use Code.
Background
Advanced Animal Care of Colorado intends to purchase the building
previously occupied by Allnut Funeral Home and crematorium located at
Advanced Animal Care of Colorado Modification of Standard
Administrative Hearing Findings, Conclusions, and Decision
Date 06/24/11
Page 4 of 11
For the record at the public hearing the Hearing Officer stated that if there
should be problems or concerns with noise or odor associated with this
animal care facility the public has the noise and/or odor ordinances set
forth in the City of Fort Collins Municipal Code that can be used to file a
complaint through the Code Enforcement Department.
FACTS AND FINDINGS
1. BACKGROUND
The surrounding zoning and land uses are as follows:
N: I, Industrial; Academy Storage and railroad tracks
W: I, Industrial; Sears Trostel building
S: E, Employment; Various commercial properties
E: I, Industrial; Best Rental (equipment rental)
The property was annexed into the City in September, 1973 as part of the East
Prospect Street Annexation. The subject property was originally developed as a
funeral home in 1985 and remained as such until recently.
2. MODIFICATION REQUEST — PERTINENT CODE SECTIONS
This request is for a modification of a standard in the following sections of the
LUC:
Section 3.8.5 (A) Small Animal Veterinary Clinic and Hospital Regulations, which
states that, " All facilities of a small animal veterinary clinic or a small animal
veterinary hospital, including all treatment rooms, cages, pens, kennels and
exercise runs, shall be maintained within a completely enclosed, soundproof
building."
And Section 3.8.22 (A) Dog Day -Care Facility Regulations, which states that, "All
services provided by a dog day-care facility shall be conducted within a
completely enclosed, soundproof building."
As specified in Section 2.8.2 Modification Review Procedures, (H) (Standards),
the decision maker may grant a modification of standards only if it finds that the
granting of the modification would not be detrimental to the public good, and that:
(1) the plan as submitted will promote the general purpose of the
standard for which the modification is requested equally well or
better than would a plan which complies with the standard for which
a modification is requested, or
Advanced Animal Care of Colorado Modification of Standard
Administrative Hearing Findings, Conclusions, and Decision
Date 06/24/11
Page 3 of 11
Phillip Steyn
From the Public:
Jared Goodman, 2020 Caribou, #D2, FC
Trent Newcomer, 5244 Corbett Drive, FC
Rebecca Bernstein, 3407 Stratton Drive, FC
Dolores Kueffler, 1621 East Pitkin Street, FC
Malina Knable, 728 Oxford Lane, FC
Written Comments:
Donald Hennen, 500 Palmer Drive, FC
Brian Bergman, Owner of 1425 Riverside Avenue
1566 Benik Road
LaHabra, CA
At the hearing, a neighboring property owner raised questions about how the
outdoor spaces were going to be used and managed. Concern was expressed
about the potential for dogs barking, which could become a nuisance issue.
The Applicant gave the following descriptions of each outdoor area and its
function and operation:
Supervised Agility Park — 15 dogs per class, group play, supervised by
employees, owners and trainers. These are organized classes with
dogs either on leash or working individually on equipment. Play groups
will be supervised by employees, trainers and possibly owners for the
guidance of teaching socialization, manners, obedience and exercise.
Allowing the dogs to play too hard, bark or be aggressive goes against
the purpose of the classes and play groups so this will not be tolerated.
Supervised Exercise Yard — One staff member per animal or per family
of pets (if there are two dogs from the same family lodging together
they will be exercised together.)
Hospital Dog Yard - This is just a walking/eliminating area for sick
patients or hospitalized pets. These dogs are walked on leash only and
not allowed to play due to the nature of their stay with the hospital.
These will always be walked by an employee or an owner.
Written public comment was also received requesting that a condition of approval
be placed on the request requiring that there be a 'one-to-one" staff ratio
maintained when utilizing the outdoor areas.
Advanced Animal Care of Colorado Modification of Standard
Administrative Hearing Findings, Conclusions, and Decision
Date 06/24/11
Page 2 of 11
The site is located at 1530 Riverside Avenue, southwest of the intersection of
Lemay Avenue and Vine Drive and is in the Industrial Zone District.
SUMMARY OF HEARING OFFICER DECISION:
ZONING DISTRICT: I — Industrial
STAFF RECOMMENDATION: Approval
NOTICE OF PUBLIC HEARING: Evidence presented to the Hearing Officer
established no controversy or facts to refute
that the hearing was properly posted, legal
notices mailed and notice published.
PUBLIC HEARING
The Hearing Officer, presiding pursuant to the Fort Collins Land Use Code,
opened the hearing at approximately 4:00 p.m. on June16, 2001 in the Venti
Conference Room A at 281 North College Avenue, Fort Collins, Colorado.
HEARING TESTIMONY, WRITTEN COMMENTS AND OTHER EVIDENCE:
The Hearing Officer accepted during the hearing the following evidence: (1)
Planning Department Staff Report; (2) application, plans, maps and other
supporting documents submitted by the applicant and the applicant's
representatives to the City of Fort Collins; (3) a sign up sheet of persons
attending the hearing; and (4) a tape recording of the hearing. The LUC, the
City's Comprehensive Plan (City Plan), and the formally promulgated policies of
the City are all considered part of the evidence considered by the Hearing
Officer.
The following is a list of those who attended the meeting:
From the City:
Steve Olt, City Planner
Courtney Rippy, Project Planner
From the Applicant:
Cathy Mathis, The Birdsall Group
Heather Steyn
CITY OF FORT COLLINS
ADMINISTRATIVE HEARING OFFICER
TYPE I ADMINISTRATIVE HEARING
FINDINGS, CONCLUSIONS AND DECISION
ADMINISTRATIVE HEARING DATE:
PROJECT NAME:
CASE NUMBER:
APPLICANT:
OWNER:
HEARING OFFICER:
PROJECT DESCRIPTION:
June 16, 2011
Advanced Animal Care of
Colorado Modification of
Standard
MOD110001
Cathy Mathis
The Birdsall Group
444 Mountain Avenue
Berthoud, CO 80513
Dr. Heather Steyn, DMV
23800 WCR 80C
Livermore, CO 80536
Steve Olt,
City Planner
Advance Advanced Animal Care of Colorado will be relocating its veterinary
facility to 1530 Riverside Avenue, which was previously Allnut Funeral Services;
this change of use is being reviewed through the City of Fort Collins' Minor
Amendment Process. The Minor Amendment is proposing exterior and interior
renovations to the existing building and includes three (3) supervised exterior,
fenced dog yards, of various sizes, located on the sides and rear of the existing
building. Section 3.8.5(A) and 3.8.22(A), Small Animal Veterinary Clinic and
Hospital and Dog Day -Care Facility Regulations (respectively), of the City's Land
Use Code (LUC) requires all facilities associated with the above mention uses to
be located completely indoors.
This request, being reviewed by a Fort Collin's Administrative Hearing Officer, is
only to review the stand-alone modification of standard to Section 3.8.5(A) of the
LUC that is associated with the previously mentioned Minor Amendment.
City 01
Planning, Development & Transportation Services
Community Development a Neighborhood Services
College Avenue
Fort
Collinsrth
P.O.P.
P.O. Box 580
Fort Collins, CO 80522.0580
970.416.2740
970.224.6134-fax
fcgov.com
June 24, 2011
Attendee of the Project, MOD 10001, Advanced Animal Care of Colorado Modification of
Standards Public Hearing,
Please find attached to this letter a copy of the Type I Administrative Hearing Findings,
Conclusions and Decision for the Advanced Animal Care of Colorado Modification of Standards
Public Hearing, # MOD110001.
Pursuant to Section 2.2.7(D) of the Fort Collins Land Use Code, this Decision has been mailed to
the applicant and any person who provided testimony at the public hearing.
This final decision of the Administrative Hearing Officer may be appealed to the City Council, in
accordance with Chapter 2, Article II, Division 3 of the City Code, within 14 calendar days of
the date of final action (June 24, 2011) by the Hearing Officer. The deadline to file an appeal is
5:00 p.m. on July 8, 2011. Guidelines explaining the appeal process, including the Code
provisions previously referenced, can be found online at fclzov.com/cityclerk/appeals.php, or
may be obtained in the City Clerk's Office at 300 LaPorte Avenue.
If you have any questions about the attached Decision or the appeal process, please contact me at
221-6341.
Sincerely,
Steve Olt
City Planner