HomeMy WebLinkAbout20091353.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1697 FOR A KENNEL (UP TO 40 DOGS) IN THE A (AGRICULTURAL)
ZONE DISTRICT - WADE AND SHANNON LUTZ
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 17th day
of June, 2009, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Wade and Shannon Lutz, 55015 County Road 23, Carr, Colorado
80612, for a Site Specific Development Plan and Use by Special Review Permit #1697 for a
Kennel (up to 40 dogs) in the A (Agricultural) Zone District, on the following described real
estate, being more particularly described as follows:
Lot A of Recorded Exemption #2560; located in the
S1/2 SE1/4 of Section 26, Township 10 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the applicant was present at said hearing, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of
the Weld County Planning Commission and all of the exhibits and evidence presented in this
matter and, having been fully informed, finds that this request shall be approved for the following
reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
a. Section 23-2-230.B.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
Section 22-2-20 (A.Goal 1) states, "Respect and encourage the
continuation of agricultural land uses and agricultural operations for
purposes which enhance the economic health and sustainability of
agriculture." Section 22-2-20 (A.Goal 9) states, "Reduce potential
conflicts between varying land uses in the conversion of traditional
agricultural lands to other land uses." The parcel on which the Kennel
facility is located is a Recorded Exemption lot, created in 1999, and
consists of approximately 20 acres. The existing improvements include
the Lutz residence, a shop building, and a barn. The existing
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SPECIAL REVIEW PERMIT #1697 - WADE AND SHANNON LUTZ
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improvements and the proposed kennel building are located in the
southeastern portion of the property. The Conditions of Approval and
Development Standards (such as requiring dogs to be kept indoors during
nighttime hours) will ensure compatibility with adjacent residences.
b. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.K of the Weld County
Code provides for Kennels as a Use by Special Review in the
A (Agricultural) Zone District.
c. Section 23-2-230.B.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The proposed site is
located within a rural (dryland/agricultural) area. The proposed kennel
facility is located approximately 500 to 600 feet north of an abandoned
residence to the south, approximately one-third of a mile from an existing
residence to the north, and approximately one-third of a mile from an
existing residence to the west. The Conditions of Approval and
Development Standards (such as requiring dogs to be kept indoors during
nighttime hours) will ensure compatibility with adjacent residences.
d. Section 23-2-230.B.4 -- The uses which will be permitted will be
compatible with future development of the surrounding area, as permitted
by the existing zoning, and with the future development as projected by
Chapter 22 of the Weld County Code and any other applicable code
provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The site is not located within a three-mile referral area or
Intergovernmental Agreement area for any municipality. The application
materials state that water for commercial use (for use by the dogs) will be
provided to the site from the Town of Wellington. The Town of Wellington
has confirmed it will provide water to the site. Additionally, the applicants
have indicated that bottled water will be provided for customers.
e. Section 23-2-230.B.5 — The application complies with Chapter 23,
Article V, of the Weld County Code. The site is not located within any
overlay districts. Effective January 1, 2003, building permits issued on
the proposed lots will be required to adhere to the fee structure of the
County -Wide Road Impact Fee Program. Effective August 1, 2005,
building permits issued on the subject site will be required to adhere to
the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee Programs.
f. Section 23-2-230.B.6 -- The applicant has demonstrated a diligent effort
to conserve prime agricultural land in the locational decision for the
proposed use. The site is located in land designated as "High Potential
Dry Cropland" and "Prime if Irrigated" according to the according to the
U.S.D.A. Soil Conservation Map, dated 1979.
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g
Section 23-2-230.B.7 -- The Design Standards (Section 23-2-240 of the
Weld County Code), Operation Standards (Section 23-2-250 of the Weld
County Code), Conditions of Approval, and Development Standards
ensure that there are adequate provisions for the protection of the health,
safety, and welfare of the inhabitants of the neighborhood and County.
h. Section 23-4-400 — The attached Conditions of Approval and
Development Standards will ensure that the kennel will be operated
according to the supplementary kennel requirements outlined in this
Section of the Weld County Code. The site is currently in violation
(ZCV-08-00404). If the plat is recorded, the property will be in
compliance, and the violation will be corrected, otherwise, the violation
case will proceed accordingly through a violation hearing and possibly
District Court.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Wade and Shannon Lutz, for a Site Specific
Development Plan and Use by Special Review Permit #1697 for a Kennel (up to 40 dogs) in the
A (Agricultural) Zone District, on the parcel of land described above be, and hereby is, granted
subject to the following conditions:
1. Prior to recording the plat:
A. All plat sheets shall be labeled USR-1697.
B. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) County Road 23 is designated on the Weld County Road
Classification Plan as a local gravel road, which requires 60 feet of
right-of-way at full buildout. There is presently 60 feet of
right-of-way. All setbacks shall be measured from the edge of
future right-of-way. The applicant shall verify the existing
right-of-way and the documents creating the right-of-way. If the
right-of-way cannot be verified, it shall be dedicated. This road is
maintained by Weld County.
3) County Road 112 is designated on the Weld County Road
Classification Plan as a local gravel road, and requires 60 feet of
right-of-way at full buildout. There is presently 30 feet of
right-of-way north of the section line. All setbacks shall be
measured from the edge of future right-of-way. The applicant
shall verify the existing right-of-way and the documents creating
the right-of-way. If the right-of-way cannot be verified, it shall be
dedicated. This road is maintained by Weld County.
4) The drainage easements shall be shown on the final plat.
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5) The applicant shall describe and delineate what type of surface
treatment material the existing driveway and parking area have.
6) The dimensions of parking spaces shall be indicated on the plat.
Parking shall meet the design requirements for off-street parking,
as outlined in Appendix 23-A of the Weld County Code.
C. The applicant shall address the requirements of the Department of Public
Works, as outlined in the referral received May 19, 2009. Written
evidence of such shall be provided to the Department of Planning
Services.
D. The applicant shall submit a Dust Abatement Plan (for on -site dust), for
review and approval, to the Environmental Health Services Division of the
Weld County Department of Public Health and Environment. Evidence of
approval shall be provided to the Department of Planning Services.
E. A copy of the current Pet Animal Care Facilities Act License shall be
provided to the Weld County Departments of Public Health and
Environment and Planning Services.
F. The applicant shall submit a Waste Handling Plan, for approval, to the
Environmental Health Services Division of the Weld County Department
of Public Health and Environment. Evidence of approval shall be
provided to the Department of Planning Services. The plan shall include,
at a minimum, the following:
1) A list of wastes which are expected to be generated on the site
(this should include expected volumes and types of waste
generated).
2) A list of the type and volume of chemicals expected to be stored
on the site.
3) The waste handler and facility where the waste will be disposed of
(including the facility name, address, and phone number).
G. The applicant shall submit three (3) paper copies of the plat, for
preliminary approval, to the Weld County Department of Planning
Services.
Upon completion of Condition of Approval #1 above, the applicant shall submit a
Mylar plat, along with all other documentation required as Conditions of Approval.
The Mylar plat shall be recorded in the office of the Weld County Clerk and
Recorder by the Department of Planning Services. The plat shall be prepared in
accordance with the requirements of Section 23-2-260.D of the Weld County
Code. The Mylar plat and additional requirements shall be submitted within sixty
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(60) days from the date of the Board of County Commissioners Resolution. The
applicant shall be responsible for paying the recording fee.
3. In accordance with Weld County Code Ordinance #2005-7, approved June 1,
2005, should the plat not be recorded within the required sixty (60) days from the
date the Use by Special Review Permit was approved by the Board of County
Commissioners, a $50.00 recording continuance charge may be added for each
additional three (3) month period.
4. The Department of Planning Services respectfully requests the surveyor provide
a digital copy of this Use by Special Review. Acceptable CAD formats are .dwg,
.dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles,
Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred
format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file
may be sent to maps@co.weld.co.us.
5. Prior to Release of Building Permits:
A. A building permit application must be completed and two complete sets of
plans, including engineered foundation plans bearing the wet stamp of a
Colorado registered architect or engineer, must be submitted for review.
A Geotechnical Engineering Report, performed by a Colorado registered
engineer, shall be required.
B. A letter from the Nunn Fire Protection District shall be provided, indicating
whether or not a Fire District permit is required.
6. The Use by Special Review activity shall not occur, nor shall any building or
electrical permits be issued on the property until the Use by Special Review plat
is ready to be recorded in the office of the Weld County Clerk and Recorder.
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SPECIAL REVIEW PERMIT #1697 - WADE AND SHANNON LUTZ
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 17th day of June, A.D., 2009.
ATTEST:
Weld County Clerk to
BY:
David E. Long
Deputy Clerk to the
Date of signature: id/29/09
BOARD F NTY COMMISSIONERS
WE4 gO OLORADO
William F. Garcia, Chair
:.uglas --demacher, o-Tem
Se- P. Conway
arbara Kirkmeyer
FXCI ISFD
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
WADE AND SHANNON LUTZ
USR # 1697
1. The Site Specific Development Plan and Use by Special Permit #1697 is for a Kennel
(up to 40 dogs) in the A (Agricultural) Zone District, and subject to the Development
Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. The facility shall be operated by the property owners with no outside employees.
4. Dogs shall be kept indoors during night-time hours (7:00 p.m., to 7:00 a.m.).
5. Animal and feed wastes, bedding, debris, and other organic wastes shall be disposed of
so that vermin infestation, odors, disease hazards, and nuisances are minimized. Such
wastes shall be removed at least weekly from the facility and disposed of by a
commercial hauler.
6. All liquid and solid wastes, as defined in the Solid Wastes Disposal Sites and Facilities
Act, Section 30-20-100.5, C.R.S., shall be stored and removed for final disposal in a
manner which protects against surface and groundwater contamination.
7. No permanent disposal of wastes shall be permitted at this site. This is not meant to
include those wastes specifically excluded from the definition of a solid waste in the
Solid Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S.
8. Waste materials shall be handled, stored, and disposed of in a manner which controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions.
9. The applicant shall operate in accordance with the approved Waste Handling Plan, at all
times.
10. The applicant shall comply with the requirements of the Colorado Department of
Agriculture (CDA), Division of Animal Industry.
11. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The
facility shall be operated in accordance with the approved Dust Abatement Plan, at all
times.
12. This facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone District, as delineated in Section 25-12-103, C.R.S.
13. Adequate hand washing and toilet facilities shall be provided for visitors to the facility.
Portable toilets are acceptable to meet this standard.
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14. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
15. The applicant must take into consideration stormwater capture/quantity and provide
accordingly for Best Management Practices.
16. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the
Colorado Department of Public Health and Environment, Water Quality Control Division,
for any development, redevelopment, or construction where a contiguous or non-
contiguous land disturbance is greater than, or equal to, one acre in area.
17. Prior to the release of building permits, a building permit application must be completed
and two complete sets of plans, including engineered foundation plans bearing the wet
stamp of a Colorado registered architect or engineer, must be submitted for review. A
Geotechnical Engineering Report, performed by a Colorado registered engineer shall be
required.
18. Pursuant to Chapter 15, Articles I and II, of the Weld County Code, if noxious weeds
exist on the property, or become established as a result of the proposed development,
the applicant/landowner shall be responsible for controlling the noxious weeds.
19. Effective January 1, 2003, building permits issued on the proposed lots will be required
to adhere to the fee structure of the County -Wide Road Impact Fee Program.
20. Effective August 1, 2005, building permits issued on the subject site will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee Programs.
21. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
22. The property owner acknowledges that mineral owners and lessees have real property
interests which entitle them to surface use, in accordance with Colorado State Statutes
and applicable Colorado Oil and Gas Conservation Commission regulations.
23. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
24. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
25. Weld County Government personnel shall be granted access onto the property at any
reasonable time in order to ensure the activities carried out on the property comply with
the Development Standards stated herein and all applicable Weld County regulations.
26. The Use by Special Review area shall be limited to the plans shown hereon and
governed by the foregoing standards and all applicable Weld County regulations.
Substantial changes from the plans or Development Standards, as shown or stated,
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shall require the approval of an amendment of the Permit by the Weld County Board of
Commissioners before such changes from the plans or Development Standards are
permitted. Any other changes shall be filed in the office of the Department of Planning
Services.
27. The property owner or operator shall be responsible for complying with all of the
foregoing Development Standards. Noncompliance with any of the foregoing
Development Standards may be reason for revocation of the Permit by the Board of
County Commissioners.
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