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Applicant
Lutz
INVENTORY OF ITEMS FOR CONSIDERATION
Case Number T USR-1697
Submitted or Prepared
Prior to At
Hearing Hearing
1
Staff Comments
X
Department of Planning Services Field Check Form
X
Letter to Applicant
X
Legal Notifications
X
2
Application
X
Maps
X
Deed/ Easement Certificate
X
Surrounding Property / Mineral Owners
X
Utilities
3
Referral List
X
Referrals without comment
X
Colorado Division of Wildlife referral received 4/6/2009
X
4
Referrals with comments
X
Weld County Department of Public Works referral received 5/20/2009 (4 pages)
X
Weld County Department of Public Health and Environment referral received
5/8/2009 (4 pages)
X
Weld County Zoning Compliance Officer referral received 3/12/2009 (2 pages)
X
Weld County Department of Building Inspection referral received 3/31/2009
X
West Greeley Soil Conservation District referral received 4/6/2009 (3 pages)
X
6
PC Exhibits
- 7
Commisaion Resolution
Planning
8
Property Owner/Mineral Owner Notification Letter
X
I hereby certify that the 10 items identified herein were submitted to the Department of Planning Services at or prior to the
scheduled Planning Commissioners hearing.
Chris Gathman Planner
2009-1355
IEXHIBIT
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COLORADO
Case Number:
Applicant:
Request:
Legal Description:
Location:
Size of Parcel:
LAND USE APPLICATION
SUMMARY SHEET
USR-1697 Hearing Date: June 2, 2008
Wade & Shannon Lutz Address: 55015 County Road 23, Carr, CO. 80612
A Site Specific Development Plan and a Special Review Permit for a kennel (for
up to 40 dogs of an unspecified breed) in the A (Agricultural) Zone District
Lot A of RE -2560; located in the S2 SE4 of Section 26, Township 10 North,
Range 67 West of the 6th P.M., Weld County, Colorado
North of and adjacent to County Road 112 and west of and adjacent to County
Road 23
+/- 20 acres
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County
Code.
The Department of Planning Services' staff has received responses from the following agencies:
Weld County Zoning Compliance, referral received 3/12/2009
Weld County Department of Public Health and Environment, referral received 4/10/2009
Weld County Department of Public Works, referral received
Weld County Department of Building Inspection, referral received 3/31/2009
West Greeley Soil Conservation District, referral received 4/6/2009
Colorado Division of Wildlife, referral received 4/6/2009
The Department of Planning Services' staff has not received responses from the following agencies:
Town of Wellington
Nunn Fire Protection District
Lutz — USR 1697 1
EXHIBIT
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SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
COLORADO
Planner: C. Gathman
Case Number: USR-1697 Hearing Date: June 2, 2009
Applicant: Wade & Shannon Lutz Address: 55015 County Road 23, Carr, CO. 80612
Request: A Site Specific Development Plan and a Special Review Permit for a kennel (for
up to 40 dogs of an unspecified breed) in the A (Agricultural) Zone District
Legal Description: Lot A of RE -2560; located in the S2 SE4 of Section 26, Township 10 North,
Range 67 West of the 6th P.M., Weld County, Colorado
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Location: North of and adjacent to County Road 112 and west of and adjacent to County
Road 23
Parcel Size: +/- 20 acres Parcel Number: 0303 26 000007
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
The submitted materials are in compliance with the application requirements of Section 23-2-260
of the Weld County Code.
It is the opinion of the Department of Planning Services' staff that the applicant has shown
compliance with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220 A.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. There are existing improvements: the
Lutz' residence, a shop building and a barn. Existing improvements and the proposed
Lutz USR-1636 2
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kennel building are located in the southeastern portion of the property. Development
standards and conditions of approval (such as requiring dogs to be kept indoors during
nighttime hours) will ensure compatibility with adjacent residences.
B. Section 23-2-220.A.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.
Section 23-2-220.A.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 500-600 feet
north of an abandoned residence to the south and approximately 1/3 of a mile from an
existing residence to the north and approximately 1/3 of a mile from an existing residence
to the west. Development standards and conditions of approval (such as requiring dogs
to be kept indoors during nighttime hours) will ensure compatibility with adjacent
residences.
Section 23-2-220.A.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 3 -mile referral area nor
Intergovernmental Agreement area of a municipality. The application states that water for
commercial use (for use by the dogs) will be provided to the site from the Town of
Wellington. Staff has contacted the Town of Wellington and they have confirmed they will
provide water. Additionally the applicants have indicated that bottled water will be
provided for customers.
E. Section 23-2-220.A.5 — The application complies with Section 23-5 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 Road Impact Program. (Ordinance 2002-11)
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. (Ordinance 2005-8 Section 5-8-40)
f. Section 23-2-220. A.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.
g. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240, Weld County Code),
Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and
Development Standards ensure that there are adequate provisions for the protection of
health, safety, and welfare of the inhabitants of the neighborhood and County.
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.
Lutz — USR 1697 3
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The site is currently in violation (ZCV-08-00404) if this Use by Special Review application is approved and
the plat is recorded the property will be in compliance. If approved, this will correct the violation. If denied,
the Violation case will proceed accordingly through a violation hearing and possibly district court.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Department of Planning Services' staff recommendation for approval is conditional upon the
following:
Prior to recording the plat:
A. All plat sheets shall be labeled USR-1697. (Department of Planning Services)
B. The plat shall be amended to delineate the following:
1. The attached Development Standards. (Department of Planning Services)
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 build out. 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.
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3. County Road 112 is designated on the Weld County Road Classification Plan as
a local gravel road and requires a 60 -foot right-of-way at full build out. There is
presently a 30 -foot 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. (Department of Public Works)
4. Show the drainage easements on the final plat. (Department of Public Works)
5. Describe and delineate on the final plat what type of surface treatment material
the existing driveway and parking area have. (Department of Public Works)
6. The dimensions of parking spaces shall be indicated on the plat. Parking shall
meet the design requirements for off-street parking outlined in Appendix 23-A of
the Weld County Code. (Department of Planning Services)
C. The applicant shall address the requirements of the Department of Public Works as
outlined in their referral received May 19, 2009. Written evidence of such shall be
provided to the Department of Planning Services. (Department of Public Works)
D. The applicant shall submit a dust abatement plan (on site dust) for review and approval,
to the Environmental Health Services, Weld County Department of Public Health &
Environment. Evidence of Health Department approval shall be provided to the
Department of Planning Services. (Department of Public Health and Environment)
Lutz USR-1636 4
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A copy of the current Pet Animal Care Facilities Act license shall be provided to the Weld
County Department of Public Health and Environment and to the Weld County
Department of Planning Services. (Department of Public Health and Environment)
The applicant shall submit a waste handling plan, for approval, to the Environmental
Health Services Division of the Weld County Department of Public Health & Environment.
The plan shall include at a minimum, the following:
1) A list of wastes which are expected to be generated on 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 site.
3) The waste handler and facility where the waste will be disposed (including the
facility name, address, and phone number).
Evidence of Health Department approval shall be provided to the Department of Planning
Services.
In the event the applicant intends to utilize the existing septic system at the existing home
for visitor and kennel sanitation needs, the septic system shall be reviewed by a Colorado
Registered Professional Engineer. The review shall consist of observation of the system
and a technical review describing the systems ability to handle the proposed hydraulic
load from the resident's occupants and visitors. The review shall be submitted to the
Environmental Health Services Division of the Weld County Department of Public Health
and Environment. In the event the system is found to be inadequately sized or
constructed the system shall be brought into compliance with current Regulations.
(Department of Public Health and Environment)
H. A copy of the re -permitted well permit, to allow for kennel usage, shall be provided to the
Environmental Health Services Division of the Weld County Department of Public Health
& Environment. Evidence of such shall be provided to the Department of Planning
Services. (Department of Public Health and Environment)
The applicant shall submit three (3) paper copies of the plat for preliminary approval to
the Weld County Department of Planning Services. (Department of Planning Services)
Upon completion of 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 Department of Planning Services' Staff. 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 (60) days from
the date of the Board of County Commissioners resolution. The applicant shall be responsible for
paying the recording fee. (Department of Planning Services)
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 3 month period.
The Department of Planning Services respectively requests the surveyor provide a digital copy of
Lutz - USR 1697 5
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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(dco.weld.co.us. (Department of Planning Services)
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
registered State of Colorado engineer shall be required. (Department of Building
Inspection)
B. A letter is required from the Nunn Fire Protection District shall be provided indicating
whether or not a fire district permit is required. (Department of Building Inspection)
6. The Special Review activity shall not occur nor shall any building or electrical permits be issued
on the property until the Special Review plat is ready to be recorded in the office of the Weld
County Clerk and Recorder. (Department of Planning Services)
Lutz USR-16366
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Wade & Shannon Lutz
USR-1697
The Site Specific Development Plan and Special Use Permit is for a kennel (for up to 40 dogs of
an unspecified breed) in the A (Agricultural) Zone District, and subject to the Development
Standards stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. Hours of operation shall be by appointment only Monday -Sunday. Appointment hours shall be
from 8 AM till 8 PM. (Department of Planning Services)
4. The facility shall be operated by the property owners with no outside employees. (Department of
Planning Services)
6. Dogs shall be kept indoors during night-time hours (7 PM to 7 AM). (Department of Planning
Services)
7. 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 by a commercial hauler. (Department of
Public Health and Environment)
8. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
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, 30-20-100.5, C.R.S., as amended. (Department of Public Health
and Environment)
10. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions.
(Department of Public Health and Environment)
11. The applicant shall operate in accordance with the approved "waste handling plan", at all times.
(Department of Public Health and Environment)
12. The applicant shall comply with the Colorado Department of Agriculture (CDA), Division of Animal
Industry. (Department of Public Health and Environment)
13. 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. (Department of
Public Health and Environment)
14. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial
Lutz — USR 1697 7
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Zone as delineated in 25-12-103 C.R.S., as amended. (Department of Public Health and
Environment)
15. Adequate handwashing and toilet facilities shall be provided for visitors to the facility.
(Department of Public Health and Environment)
16. Sewage disposal for the facility shall be by septic system. Any septic system located on the
property must comply with all provisions of the Weld County Code, pertaining to Individual
Sewage Disposal Systems. (Department of Public Health and Environment)
17. The facility shall utilize the existing private water supply. (Well Permit # 220787). (Department of
Public Health and Environment)
18. Stop blocks will be required to be installed for all employee and visitor parking where a
constructed element is not present to help prevent vehicles from rolling after being parked.
(Department of Public Works)
19. The applicant must take into consideration storm water capture/quantity and provide accordingly
for best management practices. (Department of Public Works)
20. If applicable, the applicant shall obtain obtain a stormwater discharge permit for development,
redevelopment or construction where a contiguous or non-contiguous land disturbance is greater
than or equal to one acre in area from the Colorado Department of Public Health & Environment,
Water Quality Control Commission. (Department of Public Works)
21. Prior to 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 registered State of Colorado engineer shall be required.
(Department of Building Inspection)
22. 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. (Department of Public
Works)
23. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere
to the fee structure of the County Road Impact Program. (Ordinance 2002-11)
24. 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.
(Ordinance 2005-8 Section 5-8-40)
25. The operation shall comply with all applicable rules and regulations of the State and Federal
agencies and the Weld County Code. (Department of Public Health and Environment)
26. The property owner shall allow any mineral owner the right of ingress or egress for the purposes
of exploration development, completion, recompletion, re-entry, production and maintenance
operations associated with existing or future operations located on these lands. (Department of
Planning Services)
Lutz USR-16368
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27. The property owner acknowledges that mineral owners and lessees have real property interests
that entitle them to surface use in accordance with Colorado State Statutes and applicable
Colorado oil and Gas Conservation Commission regulations. (Department of Planning Services)
28. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
29. The property owner or operator shall be responsible for complying with the Operation Standards
of Section 23-2-250, Weld County Code.
30. Personnel from the Weld County Departments of Public Health and Environment, Planning
Services and Public Works 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.
31. The 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 shall require the approval of an amendment
of the Permit by the Weld County Board of County 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.
32. 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.
Lutz — USR 1697 9
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W1�Dc
COLORADO
May 7, 2009
Wade & Shannon Lutz
55015 CR 23
Carr CO 80612
DEPARTMENT OF PLANNING SERVICES
NORTH OFFICE
918 10TH Street
GREELEY, CO 80631
PHONE: (970) 353-6100, Ext. 3540
FAX: (970) 304-6498
Subject: USR-1697- A Site Specific Development Plan and Use by Special Review Permit for a Kennel (up to 40 dogs)
in the A (Agricultural) Zone District on a parcel of land described as Lot A of RE -2560; located in the S2 SE4 of Section
26, T10N, R67W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on June 2, 2009, at 1:30 p.m. This meeting
will take place in the Hearing Room, Weld County Planning Department, 918 10th Street, Greeley, Colorado. A
subsequent hearing will be held on June 17, 2009 at 10:00 a.m., in the Chambers of the Board of County
Commissioners, Weld County Centennial Center, 915 10'" Street, First Floor, Greeley, Colorado. It is recommended
that you and/or a representative be in attendance to answer any questions the Planning Commission members or Board
of County Commissioners may have.
Colorado Revised Statute. C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all mineral estate
owners 30 days prior to any public hearing. The applicant needs to provide the Weld County Planning Department with
written certification indicating the above requirement has been met.
A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the
hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing
time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign
will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway
(access drive) intersects a publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County
Planning Commission and will be included in the packets one week prior to the scheduled Planning Commission Hearing.
If you have any questions concerning this matter, please call.
Respectfully,
-
Chris Gathman
Planner
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WFi'YG
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March 11, 2009
Wade & Shannon Lutz
55015 CR 23
Carr CO 80612
DEPARTMENT OF PLANNING SERVICES
NORTH OFFICE
918 10TH Street
GREELEY, CO 80631
PHONE: (970) 353-6100, Ext. 3540
FAX: (970) 304-6498
Subject: USR-1697- Request for a Site Specific Development Plan and Use by Special Review Permit for
dog kennel (for up to 40 dogs) in the A (Agricultural) Zone District on a parcel of land described
as SE4SE4 of Section 26, T10N, R67W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
Your application and related materials for the request described above are being processed. I will schedule
a meeting with you to discuss the referrals after we have received them.
Once the concerns and requirements of the referral agencies have been met or the applicant has shown an
attempt to meet their concerns and requirements, a Planning Commission Hearing will be scheduled.
It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the
property or if the property is located within the comprehensive planning area of a town or municipality.
Therefore, our office has forwarded a copy of the submitted materials to the Wellington Planning Commission
for their review and comments. Please call Wellington at 970-568-3381 for further details regarding the date,
time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the
Wellington Planning Commission meeting to answer any questions the Commission members may have with
respect to your application.
If you have any questions concerning this application, please call.
Respectfully,
Vik3 'k
Chris Gathman
Planner
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PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE
THE LAST DAY TO POST THE SIGN IS May 23, 2008. THE SIGN SHALL BE POSTED
ADJACENT TO AND VISIBLE FROM A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY. IN
THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT
ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT
OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON
THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY
(ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY.
I, CHRIS GATHMAN, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN
WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE PLANNING
COMMISSIONERS HEARING FOR USR-1697 IN THE A (AGRICULTURAL) ZONE DISTRICT.
STATE OF COLORADO
) ss.
COUNTY OF WELD
j yj
The foregoing instrument was subscribed and swoSt3�tp me this (C) day of „J L,! c� 2009.
WITNESS my hand and official seal. dui Iry a�
N..:..... U�v
/ �OTA,Q/-
CHRIS GATHMAN
Name of Person Posting Sign
i
Signature of Person Posting Sign
ire
Notary Public
My Commission Expires
9/7X/g/)(3
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HELD CHECK
inspection dates: 5/22/2009
APPLICANT: Wade & Shannon Lutz CASE #: USR-1697
REQUEST: A Site Specific Development Plan and a Special Review Permit for a kennel (for up to 40
dogs of an unspecified breed) in the A (Agricultural) Zone District
LEGAL: Lot A of RE -2560; located in the S2 SE4 of Section 26, Township 10 North, Range 67
West of the 6th P.M., Weld County, Colorado
LOCATION: North of and adjacent to County Road 112 and west of and adjacent to County Road 23
PARCEL ID #: 0303 26 000007 ACRES: +/- 20 acres
Zoning
Land Use
N
A
N
Residence approx. 1/3 mile
E
A
E
Vacant land
S
A
S
Vacant/abandoned residence
W
A
W
Residence approx. 1/3 mile
COMMENTS:
Existing residence and outbuilding are on the site. Site is located a good distance from nearest inhabited
residences.
1
Chris Gathman - Planner Ill
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WELD COUNTY
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COMPLETENESS REVIEW
REVIEW DATE: February 23, 2009
TYPE OF APPLICATION: Use by Special Review (USR)
NARRATIVE: A SITE SPECIFIC DEVELOPMENT PLAN AND A SPECIAL REVIEW PERMIT FOR
A KENNEL (TO ACCOMMODATE 40 DOGS IN THE A (AGRICULTURAL) ZONE DISTRICT
LEGAL DESCRIPTION: SE4 SE4 26-10-67
PROPERTY OWNER: Wade and Shannon Lutz
PARCEL NUMBER: 0303-26-0-00-007
SECTION - TOWNSHIP - RANGE:
PLEASE NOTE:
The following completeness review notes are provided as a courtesy to the applicant. While we strive to
identify significant issues, the following notes may not identify all issues, even major ones that may
be raised during the formal review of your application. The information contained herein has been placed
on file with the Department of Planning Services. Please submit a copy of this form when you submit a formal
eUse Application. If you have any questions regarding the process and/or application please call Kim
Ogle at 970-353-6100 x 3549, or kogle@co.weld.co.us
REVIEW:
After the completeness review process, please submit your formal Land Use Application to the Department of
Planning Services.
Be sure all items on the submittal checklist are submitted in addition to the items outlined in the pre -
application meeting and completeness review. An incomplete Land Use Application submittal
will not be accepted.
REVIEW STAFF:
Planning: Kim Ogle — kogle(c�co.weld.co.us - 970-353-6100x3549
Public Works: Don Dunker — ddunker(c�co.weld.co.us - 970-304-9496 x3750
Public Health: Lauren Light — 970-304-6415 x2211
Building: Robert Powell — rpowellco.weld.co.us - 970-353-6100x3575
Please return to Planning Services by Tuesday March 3, 2009
Alley Office -
918 10th Street, Greeley CO 80631
Phone: 970-353-6100 x3540
Fax: 970-304-6498
Weld County Department of Planning Services
Longmont Office -
4290 County Road 24.5, Longmont CO 80504
Phone: 720-652-4210 x8730
Fax: 720-652-4211
WELD COUNTY
PLANNING COMMENTS
Department of Planning Services has reviewed the 7 -Day Completeness Review and has noted
that prior to submitting the USR application the following items shall be included in the application:
If boarding so state and including the number of dogs. Or is the number not to exceed 40, with your dogs plus
others?
Hours of operation by appointment only, Monday through ?
BUILDING COMMENTS
The Department of Building Inspections has reviewed the 7 -Day Completeness Review and states
that a building permit will be required for any structures built or change of use of any building.
No additional comments were received.
PUBLIC WORKS COMMENTS
Public Works has reviewed the 7 -Day Completeness Review and ask to please addrerss the following
at time of application:
Public Works has received the completeness review application. The Public Works Department will be looking
for critical items; a detailed review of these items was not completed at this step in the process:
Site Plan
• Traffic Study
• Preliminary Drainage Report
• Geotechnical Soils Report
Site Plan: A site plan was submitted. A detailed review of the site plan was not completed at this step of the
process but it is noted that the water quality features and drainage areas need to be shown on the site plan
drawing. Drainage easements for the water quality features also need to be shown.
Traffic Study: Weld County Public works has waived the traffic study requirement. Please provide traffic
counts for the number of employees as well as delivery trucks and customers.
Preliminary Drainage Report: Weld County Public works has waived the drainage report requirement but, a
water quality capture feature and volume calculation is required see Urban Drainage and Flood Control District;
Volume III; section 4.4.2 for the calculation procedure. The calculations were not included with the submittal.
The areas required to be captured by the water quality capture feature are a portion of the driveway near the
kennel area, the kennel area and parking near the kennels.
Geotechnical Soils Report: Weld County Public works will not require a Geotechnical Soil Report.
Flood Hazard Development Permit: The site is not within a FEMA designated 100-yr floodplain.
*ley Office —
918 10th Street, Greeley CO 80631
Phone: 970-353-6100 x3540
Fax. 970-304-6498
Weld County Department of Planning Services
Longmont Office —
4290 County Road 24.5, Longmont CO 80504
Phone: 720-652-4210 x8730
Fax: 720-652-4211
• •
WELD COUNTY
Summary: Please provide the requested above information to the Public Works Department at the time of
application.
•
HEALTH DEPARTMENT COMMENTS
The Health Department has reviewed the 7 -Day Completeness Review and has no comments at this
time.
Please identify where the people dropping off dogs, visitors, et cetera to the Kennel will use the lavatory
facilities. "They" can not use house lavatory due to restriction on well permit. There will be a need to have
lavatory and hand washing units on site.
Please identify where the hauled water is coming from for Kennel usage
Please identify the company who removes dog wastes. Please provide name, address and phone number.
A Professional Engineer will need to review the volume of material added to the septic from Kennel use; staff
is prepared to require this as a Condition of Approval for your permit.
Drains to the outside are not permitted. Re-route drains to a tank. Explain in writing or delineate on a drawing
the Kennel layout.
Please provide a copy of your PACFA license through the Department of Agriculture; staff is prepared to
require this as a Condition of Approval for your permit.
End Memorandum
•
*ley Office —
918 10th Street, Greeley CO 80631
Phone: 970-353-6100 x3540
Fax: 970-304-6498
Weld County Department of Planning Services
Longmont Office —
4290 County Road 24.5, Longmont CO 80504
Phone: 720-652-4210 x8730
Fax: 720-652-4211
COLORADO
Weld County Planning Department
GREELEY OFFICE
?'1Ak p 2?PfQ
MEMORANDUMS WED
TO: Kim Ogle, Planning Services
DATE: March 2, 2009 FROM: Don Dunker, P.E. Public Works z Y �/ SUBJECT: Pre -Submittal, Wade and Shannon Lutz
Public Works has received the completeness review application. The Public Works Department will be
looking for four critical items; a detailed review of these items was not completed at this step in the
process:
Site Plan
Traffic Study
Preliminary Drainage Report
- Geotechnical Soils Report
Site Plan: A site plan was submitted. A detailed review of the site plan was not completed at this step of
the process but it is noted that the water quality features and drainage areas need to be shown on the site
plan drawing. Drainage easements for the water quality features also need to be shown.
Traffic Study: Weld County Public works has waived the traffic study requirement. Please provide
traffic counts for the number of employees as well as delivery trucks and customers.
Preliminary Drainage Report: Weld County Public works has waived the drainage report requirement
but, a water quality capture feature and volume calculation is required see Urban Drainage and Flood
Control District; Volume Ill; section 4.4.2 for the calculation procedure. The calculations were not
included with the submittal. The areas required to be captured by the water quality capture feature are a
portion of the driveway near the kennel area, the kennel area and parking near the kennels.
Geotechnical Soils Report: Weld County Public works will not require a Geotechnical Soil Report.
Flood Hazard Development Permit: The site is not within a FEMA designated 100-yr floodplain.
Summary: Please provide the requested above information to the Public Works Department at the time
of application,
pc:
email and pc'.
file
Kim Ogle, Planning Services
Page I of 1
M.APIANNING — DEVELOPMENT REVIEW \ 7-DayCompletenessReviews120091.Wade and Shannon Lutz dog kennel 030209. doe
WELD COUNTY
PLANNING COMMENTS
• Department of Planning Services has reviewed the 7 -Day Completeness Review and has noted
that prior to submitting the USR application the following items shall be included in the application:
BUILDING COMMENTS
The Department of Building Inspections has reviewed the 7 -Day Completeness Review and states
that a building permit will be required for any structures built or change of use of any building.
PUBLIC WORKS COMMENTS
Public Works has reviewed the 7 -Day Completeness Review and ask to please
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7 -Day Completeness tteview and has no comments at this
02
HEALTH DEPARTMENT COMMENTS
The Health Department has reviewed the
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Weld County Department of Planning Services eleyOffice — k0C 1 Longmont Office -
918 10th Street, Greeley CO 80631 -1- rt ti -,,,c 4290 County Road 24 5, Longmont CO 80504
Phone: 970-353-6100 x3540 Rhone' 720-652-4210 x8730
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Fax 970-304-6498 -r-Fax:720-652-4211
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• _
im,t4r.
COLORADO
•
•
MEMORANDUM
TO: PA09-005; Case File, pre -application
DATE: January 16, 2009
FROM: Kris Ranslem, Planning Technician
SUBJECT: Pre -Application Meeting prior to submitting
USR for Kennel
Attendees:
Shannon Lutz, Applicant
Wade Lutz, Applicant
Don Carroll, Public Works
Kim Ogle, Planning
Chris Gathman, Planning
Kris Ranslem, Planning
Ann Siron, Zoning Compliance
On Friday, January 16, 2009 an informal discussion took place at the Greeley Administrative
Offices Conference Room regarding an existing dog kennel. (The legal description is part
S2SE4 Section 26, Township 10 North, Range 67 West of the 6th P.M.; Situs Address is 55015
CR 23)
Background Information:
The site is currently in violation (ZCV08-004044). The site encumbers approximately 20 acres
and is zoned agricultural.
The applicant currently owns 10 Labrador dogs in which she trains for show purposes. In
addition, the applicant boards other dogs.
Health Department
The applicant currently has a 3 -tap domestic well. The Health Department would require that
the well would need to be re -permitted to be a commercial well because of the business. The
applicant expressed concern as they previously had been instructed that if they chose to re -
permit their well they would lose use of their well. Staff advised the applicant to talk to the State
Engineer's office about their situation as they may grant some flexibility to their situation.
There is a septic system on site (SP -9900575). The applicant will need to submit evidence from
an engineer stating that the system is adequate for the kennel as well. The engineer can assist
the applicant in how to capture the liquid to go to the septic system.
The applicant stated that the drive consists of gravel and road base.
A Waste Handling Plan would need to be submitted. The applicant stated that she disposes of
waste in sacks which is then taken by Waste Management every couple of weeks.
Public Works
Access to site is from CR 23. No Traffic Study is required.
•
•
•
No Drainage Report is required; however the applicant must identify a water quality feature.
The site is not located in a floodplain.
Planning Department
The applicant does not have any employees. The operation is from Sunday to Saturday by
appointment only.
A violation hearing is scheduled for March 10, 2009; therefore the applicant must submit the
USR application by March 2, 2009.
Staff explained the USR process - that the applicant shall submit 4 packets for our 7 day
completeness review. Once the 7 day completeness review is complete the applicant will be
informed of what items are still required to make the applicant complete. After the completed
application is submitted it will be sent out for referral for 28 days. The applicant will then meet
with their Planner to discuss the referrals and address as many of the referrals as possible. At
the meeting the Planning Commission hearing will be scheduled. The Board of County
Commissioners hearing typically follows approximately 3 weeks after the Planning Commission
hearing.
End memorandum.
l
•
•
Weld County Planning Department
GREELEY OFFICE
IAN 16 1^
WELD COUNTY
Print Form
Submit by Email '
A .1'1V WE -APPLICATION REVIEW REQUEST
C
The pre -application request is the preliminary review of a land use proposal. Pre -application reviews are required
prior to beginning the application process; however, this review is not an application.
Pre -application reviews are held with the Weld County Departments of Public Works and the Public Health and
and Environment. The second and fourth Friday of any given month pre -applicant reviews are held in the
Southwest Service Center office at 10:30 a.m., 11:30 a.m., 1:00 p.m., 2:00 p.m. and 3:00 p.m. Pre -Application
reviews are held Thursday of any given week in the Greeley office. To be on the pre -submittal agenda, the request
and required checklist items must be received one week prior to the review date, and shall include at a minimum, a
description of the property including surrounding lands and land uses, property owners name and contact
information, a brief narrative and a map delineating the property location, in addition to the other items listed.
The Property Information required below can be found on the Weld County Assessor website at www.co.weld.co.us
Please print a copy of the Assessor's page and submit it with your pre -application review request.
Mail, fax or drop off the request and required checklist items to the address listed below, a minimum of one week
prior to your preferred meeting date.
Submitting your request in a timely manner is important to get your project scheduled for review.
Name:4\NI\t`>C'tf\ 1.._.I,LfZ.
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Address: �] �J�I`�w.� � _ 112(3,.:,c-6 / ;f
Project Description:szsoc 1
Proaertv Information:
Section -Township -
Range
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Parcel Number
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Acreage
Site Address
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Water Source
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L ege! Description
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Sewer
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Owner Name
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Is this property currently in violation? R- Yes j— No
Case Number zC ‘,/0 % ` copy
Office Use Only
Project Title:
Description:
Review Date:
Meeting Date/Time:
Weld County Department of Planning Services
Greeley Office -
918 10th Street, Greeley CO 80631
Phone: 970-353-6100 x3540
Fax: 970-304-6498
Longmont Office -
4290 County Road 24.5, Longmont CO 80504
Phone: 720-652-4210 x8730
Fax: 720-652-4211
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