HomeMy WebLinkAbout20091365.tiffHEARING CERTIFICATION
DOCKET NO. 2009-33
RE: 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
A public hearing was conducted on June 17, 2009, at 10:00 a.m., with the following present:
Commissioner William F. Garcia, Chair
Commissioner Douglas Rademacher, Pro -Tern
Commissioner Sean P. Conway
Commissioner Barbara Kirkmeyer
Commissioner David E. Long - EXCUSED
Also present:
Acting Clerk to the Board, Jennifer VanEgdom
County Attorney, Bruce Barker
Planning Department representative, Chris Gathman
Health Department representative, Lauren Light
Public Works representative, Don Dunker
The following business was transacted:
I hereby certify that pursuant to a notice dated May 8, 2009, and duly published May 15, 2009,
in the Greeley Tribune, a public hearing was conducted to consider the request 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. Bruce Barker, County
Attorney, made this a matter of record. Chair Garcia advised the applicant, Shannon Lutz, that
she has the option of continuing the matter to a date when a full Board will be present.
However, if she decides to proceed today, the matter will require three affirmative votes, or in
the case of a tie vote, Commissioner Long will review the record and make the determining
vote. Ms. Lutz indicated she would like to proceed today.
Chris Gathman, Department of Planning Services, presented a brief summary of the proposal
and entered the favorable recommendation of the Planning Commission into the record as
written. He stated the site is located approximately 500 feet north of an abandoned residence,
and one-third of a mile south and east of two existing residences. He confirmed the applicant
will be required to be keep the dogs indoors during overnight hours, which will ensure
compatibility with the surrounding properties, and visitors to the site will be allowed by
appointment only. He stated eight referral agencies reviewed the application materials, six
provided comments which have been addressed within the Conditions of Approval and
Development Standards, and the Nunn Fire Protection District did not return a referral response.
Mr. Gathman confirmed the applicant has indicated water from the Town of Wellington will be
hauled to the site and stored within a cistern for use within the kennel facility. He indicated the
Town has confirmed water will be provided, and that there are no outstanding concerns with the
use. He further indicated the applicant will provide bottled water for visitors to the site, as the
well water on the site is of poor quality. He stated no letters or telephone calls have been
received from surrounding property owners; however, the site is currently in violation. He
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confirmed if the application is approved, the violation will be dismissed; however, if the
application is denied, the violation case will proceed accordingly. In response to Chair Garcia,
Mr. Gathman confirmed the residence he identified as an abandoned residence is currently
vacant, and has been for a long period time. He indicated the property is not in good repair.
Commissioner Kirkmeyer questioned why stop blocks are necessary for the parking spaces, as
required within Development Standard #16, and she requested the deletion of Development
Standard #24, since the language is not appropriate for this Resolution. She clarified the right
of ingress or egress for the property is between the owner of the surface rights and the
subsurface rights, and the County should not be involved. Mr. Gathman concurred with the
deletion of Development Standard #24.
Don Dunker, Department of Public Works, clarified the stop blocks are required for parking
spaces adjacent to a building, and the blocks are utilized to prevent vehicles from rolling into the
building. He clarified the applicant may utilize a variety of material to create the stop blocks. He
stated County Road 23 is a local gravel road, maintained by the County, requiring 60 feet of
right-of-way at full buildout, and the most recent traffic count indicates approximately 33 vehicle
trips per day. He further stated County Road 112 is also a local gravel road, maintained by the
County, and requires 60 feet of right-of-way at full buildout. He clarified the existing access to
the site is on County Road 23, and no new accesses will be utilized. He indicated the facility
expects approximately one additional vehicle trip per day, or approximately 20 vehicle trips per
month, and the site is not located within any type of flood zone. Responding to Commissioner
Conway, Mr. Dunker confirmed the applicant may accommodate the use of stop blocks in
several ways.
Lauren Light, Department of Public Health and Environment, stated the applicant proposes to
utilize a vault system to contain wastewater from the kennel facility, which will be pumped and
hauled away by a licensed hauler. She confirmed the Department does not have concerns with
the plans to haul water to the site from the Town of Wellington, and the Planning Commission
approved the use of a portable toilet and hand washing unit for visitors to the site. She clarified
the site currently contains a domestic well, and if the well were to be re -permitted for
commercial uses, the applicant would not be allowed to provide water to outside landscaping.
She further clarified the site does not receive a large amount of visitors, and she requested the
words "(portable toilets)" be inserted to Development Standard #14, so that it reads, "Adequate
hand washing and toilet facilities (portable toilets) shall be provided for visitors to the facility."
She clarified the Resolution should be clear to indicate that portable toilets are acceptable in the
case that the facility is sold to another operator in the future. She stated the applicant is
required to submit a Dust Abatement Plan and a Waste Handling Plan, the applicant has
already provided a copy of the Pet Animal Care Facilities Act (PACFA) license, and the noise on
the site will be restricted to the levels allowed within the Commercial Zone District, which is
similar to residential limits. Responding to Commissioner Kirkmeyer, Ms. Light confirmed the
applicant may not utilize the restroom within the residence for the uses of the kennel, due to the
restriction of the existing residential well.
Ms. Lutz stated she has run her small business for approximately nine years, and she confirmed
she shows labrador retrievers, and occasionally some dogs stay overnight at her property. She
indicated she does not desire to place a portable toilet on her property, since restroom facilities
are rarely utilized by visitors to the site, and the installation and maintenance of the portable
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toilet will be cost prohibitive. She confirmed she does not employ any outside help.
Responding to Chair Garcia, Ms. Lutz confirmed her property is flat, and there is no significant
slope in the area to be designated for visitor parking. Wade Lutz, applicant, clarified visitors to
the site park alongside the personal vehicles on the site, in front of a cluster of trees. In
response to Commissioner Rademacher, Ms. Lutz confirmed an abandoned residence is within
approximately 500 feet of her property, and the elderly gentleman who used to live there passed
away several years ago. She further confirmed the nearest property with current residents is
approximately one-third of a mile away, and she personally knows the property owner.
Mr. Lutz questioned whether the installation of a portable toilet on the site would create any
environmental risks due to the chemicals, and he indicated he does not understand why a
portable toilet is necessary. Responding to Commissioner Conway, Ms. Lutz confirmed she
does not intend to utilize any employees in the future, due to liability and insurance issues,
therefore, she concurs with the restriction contained within Development Standard #4.
Commissioner Rademacher indicated he prefers for the site to not be limited to hours of
operation for visitors to the site, as described within Development Standard #3. Ms. Lutz
confirmed visitors come to the site very infrequently, and visits are planned in advance, through
appointments. Commissioner Rademacher stated Development Standard #5 requires that the
dogs be kept indoors during overnight hours; however, he does not believe this requirement is
necessary, since there are not neighbors in close proximity. Ms. Lutz confirmed she concurs
with the requirement, and clarified all of the dogs are currently taken inside during nighttime
hours.
Commissioner Kirkmeyer clarified the portable toilet on the premises is an option to utilize
should the applicant decide to hold a large event on the property, and she confirmed the
applicant is not required to place a portable toilet on the site. She further clarified the portable
toilets will not pose an environmental risk. She indicated she would like the record to be clear
that the applicant is allowed to utilize portable toilets, as an option to provide adequate toilet
facilities.
No public testimony was offered concerning this matter.
Commissioner Rademacher reiterated the request to delete Development Standard #3,
regarding hours of operation, in order to provide the applicant the flexibility to set appointments
as they see fit. The Board concurred with the deletion of Development Standard #3, with the
required re -numeration. Commissioner Rademacher requested Development Standard #5 be
modified to allow dogs to stay outside during daylight hours, so as to not disturb neighbors
during nighttime hours; however, the time outside will be limited in winter months, therefore, it
may be appropriate to not modify the hours listed. Commissioner Kirkmeyer concurred with no
modification of Development Standard #5. She clarified she has several small dog kennels near
her residence, and even at a distance of approximately 1.5 miles, she is able to hear dogs
barking.
Chair Garcia reiterated Ms. Light's request to add the words "(portable toilets)" to Development
Standard #14, and in response, Commissioner Conway expressed his concerns regarding the
intent of the language. Commissioner Kirkmeyer stated the additional language may need to
indicate that portable toilets are an acceptable method of providing adequate toilet facilities, and
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not that they are required for use on the site on a daily basis. Commissioner Conway
expressed his concerns regarding the potential for a complaint being made that no portable
toilet exists on the site, and the applicant is found to be in violation by staff. Chair Garcia
suggested a second sentence to be added to Development Standard #14, to state, "Portable
toilets are acceptable to meet this standard." The Board concurred with the modification, as
described by Chair Garcia. Responding to Commissioner Conway, Ms. Light confirmed site
inspections are not usually performed unless a complaint is received, and it is very unlikely for
staff to be required to investigate a complaint regarding restroom facilities. Commissioner
Kirkmeyer requested the deletion of Development Standard #16, requiring stop blocks. The
Board concurred with the deletion of Development Standard #16, with the required re -
numeration. In response to Chair Garcia, the Board concurred with the deletion of Development
Standard #24, as previously requested by Commissioner Kirkmeyer.
In response to Chair Garcia, Ms. Lutz indicated she has reviewed, and concurs with, the
Conditions of Approval and Development Stardards, as modified.
Commissioner Rademacher moved to approve the request 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, based on the recommendations of Planning staff and
the Planning Commission, with the Conditions of Approval and Development Standards as
entered into the record. His motion included the deletion of Development Standards #3, #16,
and #24, with the required re -numeration, and the modification of Development Standard #14 to
state, "Adequate hand washing and toilet facilities shall be provided for visitors to the facility.
Portable toilets are acceptable to meet this standard." The motion was seconded by
Commissioner Conway, and it carried unanimously. There being no further discussion, the
hearing was completed at 10:30 a.m.
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This Certification was approved on the 22nd day of June, 2009.
ATTEST:
Weld County Clerk to
BY:
Deputy Clerk to the Bo
Iliam F. Gar
it
BOARD OF COUNTY COMMISSIONERS
WELD tjJTN%OLORADO
Douglas ' ademach • r, Pro-Tem
Sean P. Conway
EXCUSED DATE OF APPROVAL
Barbara Kirkmeyer
my Attorney EXCUSED
David E. Long
2009-1365
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EXHIBIT INVENTORY CONTROL SHEET
Case USR #1697 - WADE AND SHANNON LUTZ
Exhibit Submitted By Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes dated 06/02/2009)
D. Planning Staff Certification and photo of sign posting
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