HomeMy WebLinkAbout20122495.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY S CIAL VIEW
PERMIT, USR12-0041, FOR AN AGRICULTURAL SERVICE ES BLISH' NT,
PRIMARILY ENGAGED IN PERFORMING AGRICULTURAL,ANIMAL SBAN,-Y
OR HORTICULTURAL SERVICES ON A FEE OR CONTRACT BASI A MIX
ANIMAL VETERINARY CLINIC) IN THE A(A URAL)ZONE D TRIC -
LARRY D.JOHNSON LIVING TRUST
WHEREAS,the Board of County Commission of Weld Co ,Colorado,pursuant to
Colorado statute and the Weld County Home R Charter, is ves with the authority of
administering the affairs of Weld County,Colorad nd
WHEREAS,the Board of County Co issio s held a public heari on the 19th day
of September,2012,at the hour of 10:00 a. .,in the C bers of the Board,for the purpose of
hearing the application of Larry D.Johnson Living Tru 20360 CR , Berthoud, Colorado
80513,for a Site Specific Developme Ian and Use by Sp ial Revi Permit,USR12-0041,
for an Agricultural Service Establis ent,primarily engaged i erf ing agricultural,animal
husbandry or horticultural services, n a fee or contract basis(a d animal veterinary clinic)
in the A(Agricultural) Zone Dis ct, on the following describ real estate, being more
particularly described as follows:
Lo of Re rded Exemption,RE-1 7 eing part
of he N1/ SW114 of Section 2 Township 4
rth, Rang 68 West of the 6 P.M., Weld
ounty,Color o
WHEREAS, said hear' applicant w present and represented by Dana
Johnson,property re ent operator o busi ,and
WH EAS,Section 23-2-230 of the Id County Code provides standards for review of
said Use b pecial Review Permit,and
EREAS, the oard of County ommissioners heard all of the testimony and
stateme s of those pr ent,studied the quest of the applicant and the recommendation of
the W unty Plan ng Commission d all of the exhibits and evidence presented in this
matter and, ing b n fully informe , inds that this request shall be approved for the following
sons:
1. The s mitted materi are in compliance with the application requirements of
Section -2-260 of e Weld County Code.
2. It is the opi the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
. Section 23-2-230.B.1 -- The proposed use is consistent with
Chapter 22 and any other applicable code provisions or ordinance
in effect.
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1) Section 22-2-20. 6.2 (A.Policy 2.2) states: Allow
commercial and industrial uses, which are directly related
to, or dependent upon, agriculture, to locate within
agricultural areas when the impact to surrounding
properties is minimal or mitigated and where adequate
services and infrastructure are currently available or
reasonably obtainable. These commercial and industrial
uses should be encouraged to locate in areas that
minimize the removal of agricultural land from production."
2) Section 22-2-20 G.2 (A.Policy 7.2) states: "Conversion of
agricultural land to nonurban residential, commercial and
industrial uses should be accommodated when the subject
site is in an area that can support such development, and
should attempt to be compatible with the region."
The impacts of the use to surrounding properties will be relatively
minimal. The proposed veterinary operation will be located in a
proposed 3,000 to 5,000-square-foot outbuilding. The veterinary
operation is primarily mobile, but this Use by Special Review
Permit (USR) will allow customers/clients to bring horses on-site
for treatment under certain circumstances. This use will blend in
with the surrounding agricultural uses in the area. Development
Standards and Conditions of Approval will help to ensure that the
use is compatible with the surrounding area.
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 B.5 of
the Weld County Code allows Veterinary Clinics or Hospitals 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
USR site is surrounded by agricultural uses (cropland and rural
residences). The municipal boundaries of the Town of Berthoud
are approximately one-fourth of a mile to the north of the site. Two
single family residences are located to the west of the site.
D. Section 23-2-230.6.4 -- 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 proposed
USR site is located within the three-mile referral area of the Towns
of Berthoud, Johnstown and Mead. The Town of Berthoud
indicated no conflicts with their interests in the referral dated
June 25, 2012. No referral response has been received from the
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Town of Johnstown or the Town of Mead. The proposed USR is
not located within a three-mile referral boundary or
Intergovernmental Agreement Boundary (IGA) of any municipality.
E. Section 23-2-230.6.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. The site is not located within
the 100-year floodplain or within any overlay district. Effective
April 25, 2011, building permits issued on the lot will be required to
adhere to the fee structure of the County-Wide Road Impact Fee
Program. Effective April 25, 2011, building permits issued on the
lot will be required to adhere to the fee structure of the County
Facility Fee and 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 proposed use will be located in a
proposed outbuilding on a parcel of 4.62 acres. The site is not in
agricultural production.
G. Section 23-2-230.6.7 — There are adequate provisions for the
protection of the health, safety, and welfare of the inhabitants of
the neighborhood and County. Development Standards and
Conditions of Approval will ensure adequate provisions for the
health, safety and welfare of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Larry D. Johnson Living Trust, for a Site Specific
Development Plan and Use by Special Review Permit, USR12-0041, for an Agricultural Service
Establishment, primarily engaged in performing agricultural, animal husbandry or horticultural
services, on a fee or contract basis (a mixed animal veterinary clinic) 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. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR12-0041.
2) The attached Development Standards.
3) The plat shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) The applicant shall delineate the trash collection areas. Section
23-3-350.H of the Weld County Code addresses the issue of trash
collection areas. Areas used for storage or trash collection shall
be screened from adjacent public rights-of-way and adjacent
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properties. These areas shall be designed and used in a manner
that will prevent trash from being scattered by wind or animals.
5) The gate for the veterinary facility shall be indicated on the plat.
The gate must be set far enough back from the County Road
(CR) 3 right-of-way to allow a truck and trailer to completely pull
off the roadway to open the gate (minimum 75 feet).
6) CR 3 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. The applicant shall verify and delineate on the plat the
existing right-of-way, and the documents creating the right-of-way.
All setbacks shall be measured from the edge of future
right-of-way. If the right-of-way cannot be verified, it shall be
dedicated. This road is maintained by Weld County.
7) The existing access is via a 30 foot access easement on the
property to the north, which is also owned by the applicant. The
recording information (reception number) for the access easement
shall be indicated. The applicant shall show and label the access
on the Plat with the approved access permit number (will be
provided).
8) The approved lighting plan (if applicable).
9) Parking spaces (including ADA) shall be indicated in accordance
with Chapter 23, Article VI, Division I, Appendix 23-A and
Appendix 23-B of the Weld County Code.
10) Sign locations shall be indicated. Any signs to be installed shall
adhere to the requirements of Chapter 23, Article IV, Division 2,
and Appendices 23-C, 23-D and 23-E of the Weld County Code.
B. If exterior lighting is proposed, the applicant shall submit a lighting plan to
the Department of Planning Services for review and approval.
2. Prior to the release of Building Permits:
A. A building permit will be required for any new construction, alteration, or
addition to any buildings or structures on the property. It is required that a
code analysis be done on the project by a design professional with
experience in this area. A Building Permit Application must be completed
and two complete sets of engineered 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, or an Open Hole Inspection.
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B. Buildings and structures shall conform to the requirements of the various
codes adopted at the time of Permit Application. Currently, the following
have been adopted by Weld County: 2006 International Building Code,
2006 International Mechanical Code, 2006 International Plumbing Code,
2006 International Energy Code, 2006 International Fuel Gas Code, 2011
National Electrical Code, 2003 ANSI 117.1 Accessibility Code and
Chapter 29 of the Weld County Code. The Surgery Center shall conform
to Section 422 of the 2006 International Plumbing Code. A plan review
shall be approved and a permit must be issued prior to the start of
construction.
C. The applicant shall address the requirements of the Berthoud Fire
Protection District as stated in the referral dated June 25, 2012.
3. Prior to Issuance of Certificate of Occupancy:
A. An Individual Sewage Disposal System (I.S.D.S.) is required for the
proposed facility and shall be installed according to the Weld County
I.S.D.S. Regulations. The septic system is required to be designed by a
Colorado state registered professional engineer, according to the Weld
County I.S.D.S. Regulations.
4. Upon completion of Condition of Approval #1 above, the applicant shall submit
three (3) paper copies of the plat for preliminary approval to the Weld County
Department of Planning Services. Upon approval, 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. 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 one-
hundred twenty (120) days from the date of the Board of County Commissioners
Resolution. The applicant shall be responsible for paying the recording fee.
5. In accordance with Weld County Code Ordinance 2012-3, approved April 30,
2006, should the plat not be recorded within the required one-hundred twenty
(120) days from the date of the Board of County Commissioners Resolution, a
$50.00 recording continuance charge shall be added for each additional three (3)
month period.
6. The Department of Planning Services respectfully requests a digital copy of this
Use by Special Review, as appropriate. Acceptable CAD formats are .dwg, .dxf,
and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or
ArcGIS Personal GeoDataBase (MDB). 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.
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7. 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 19th day of September, A.D., 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST ionowshow
< 1 /- /� C - C�
gyp;.. Sean P. Co/�LChair
Weld County Clerk to th> •-
tS Will am F. Garcia, Pro-Ter
%BY: ./j _ `'4 e,
Deputy Clerk to the Boar: It ' ,t i( ,) < < /� r ti
/
amit
Barpar Ka irkmeyer
AP FORM: �c, c
David E. Long
unty Attorney , ,c) Q. CLC"--
Douglas Rademach r
Date of signature: w/B
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
LARRY D. JOHNSON LIVING TRUST
USR12-0041
1. A Site Specific Development Plan and Use by Special Review Permit, USR12-0041, for
an Agricultural Service Establishment, primarily engaged in performing agricultural,
animal husbandry or horticultural services, on a fee or contract basis (a mixed animal
veterinary clinic) in the A (Agricultural) Zone District.
2. Approval of this plan may create a vested property right, pursuant to Section 23-8-10 of
the Weld County Code.
3. The number of outside employees (not including family members) shall be ten (10)
full-time employees or equivalent.
4. Normal hours of operation will be from 7:00 a.m., to 7:00 p.m., Monday through
Saturday. The Veterinary Clinic will open outside of normal hours of operation in case of
emergencies, according to the application materials.
5. Animal and feed wastes, bedding, debris and other organic wastes shall be disposed of
so that vermin infestation, flies, odors, disease hazards, and nuisances are minimized.
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 that 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 that 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. 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.
11. This facility shall adhere to the maximum permissible noise levels allowed in the Non-
Specified Zone, as delineated in Section 14-9-30 of the Weld County Code.
12. All potentially hazardous chemicals must be handled in a safe manner in accordance
with product labeling, and in a manner that minimizes the release of hazardous air
pollutants (HAP's) and volatile organic compounds (VOC's). All chemicals must be
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stored secure, on an impervious surface, and in accordance with manufacturer's
recommendations.
13. Adequate drinking, hand washing and toilet facilities shall be provided for personnel and
patrons of the facility, at all times.
14. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes.
15. 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 (I.S.D.S.)
16. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
17. A building permit will be required for any new construction, alteration, or addition to any
building on the property.
18. Buildings and structures shall conform to the requirements of the various codes adopted
at the time of permit application. Currently the following have been adopted by Weld
County: 2006 International Building Code, 2006 International Mechanical Code, 2006
International Plumbing Code, 2006 International Energy Code, 2006 International Fuel
Gas Code, 2011 National Electrical Code, 2003 ANSI 117.1 Accessibility Code and
Chapter 29 of the Weld County Code.
19. Effective April 25, 2011, building permits issued on the property will be required to
adhere to the fee structure of the County-Wide Road Impact Fee Program. Fees may,
or may not, be required.
20. Effective April 25, 2011, building permits issued on the property will be required to
adhere to the fee structure of the County Facility Fee and Drainage Impact Fee
Programs. Fees may, or may not, be required.
21. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
22. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
23. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties where such would cause a nuisance or interfere with the use on the adjacent
properties in accordance with the plan. Neither the direct nor reflected light from any
light source may create a traffic hazard to operators of motor vehicles on public or
private streets. No colored lights may be used which may be confused with, or
construed as, traffic control devices.
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24. 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. All
vegetation, other than grasses, needs to be maintained at a maximum height of 12
inches until the area is completely developed.
25. Necessary personnel from the Weld County Departments of Planning Services, Public
Works, and Public Health and Environment 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 Conditions of Approval and Development Standards stated herein and all
applicable Weld County regulations.
26. The historical flow patterns and runoff amounts will be maintained on the site in such a
manner that it will reasonably preserve the natural character of the area and prevent
property damage of the type generally attributed to runoff rate and velocity increases,
diversions, concentration and/or unplanned ponding of storm runoff.
27. 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,
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.
28. 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.
29. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the plat and recognized at all times.
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