HomeMy WebLinkAbout20122496.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
• Moved by Joyce Smock,that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR12-0041
APPLICANT: LARRY D JOHNSON LIVING TRUST
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT 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.
LEGAL DESCRIPTION: LOT A REC EXEMPT RE-1676; PART N2SW4 SECTION 20,T4N,R68W OF THE
6TH P.M., WELD COUNTY, COLORADO.
LOCATION: EAST OF AND ADJACENT TO CR 3 AND APPROXIMATELY 2/3 MILE NORTH
OF CR 40.5.
be recommended favorably to the Board of County Commissioners 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 Planning Commission 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.
22-2-20 B.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."
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 23-2-220.A.2--The proposed use is consistent with the intent of the Agricultural(A)
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 23-2-220.A.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
%< mile to the north of the site. Two single family residences are located to the west of the
• site.
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RESOLTUION USR12-0041
LARRY D JOHNSON LIVING TRUST
PAGE 2
• D. 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 proposed USR site is located within the 3-mile referral area of the Towns
of Berthoud, Johnstown and Mead. The Town of Berthoud indicated no conflicts with their
interests in their referral dated 6/25/2012. No referral response has been received from the
Town of Johnstown and the Town of Mead.The proposed USR is not located within a 3-mile
referral boundary or Intergovernmental Agreement Boundary(IGA) of any municipality.
E. Section 23-2-220.A.5 -- The application complies with 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 Weld County Road Impact Program. (Ordinance 2011-2)
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. (Ordinance 2011-2)
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 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 23-2-220.A.7—There is adequate provisions for the protection of health, safety,and
welfare of the inhabitants of the neighborhood and County. Development standards and
conditions of approval will ensure adequate provisions for health, safety and welfare.
• 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 Planning Commission recommendation for approval is conditional upon the following:
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 (Department of Planning
Services)
2. The attached Development Standards. (Department of Planning Services)
3. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
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 properties. These areas shall be designed and used in a manner that will
prevent wind or animal scattered trash. (Department of Planning Services)
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 3 right-of-way to allow a truck and trailer
• to completely pull off the roadway to open the gate(minimum 75 feet). (Department
of Public Works)
RESOLTUION USR12-0041
LARRY D JOHNSON LIVING TRUST
PAGE 3
• 6. County Road 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 build out.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. (Department of Public Works)
7. The existing access is via a 30'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. Please show and label the access on the Plat
with the approved access permit number(will be provided). (Department of Planning
Services)
8. The approved lighting plan (if applicable). (Department of Planning Services)
9. Parking spaces(including ADA)spaces shall be indicated in accordance with Article
VI, Division I, Appendix 23-A and Appendix 23-B of the Weld County Code.
(Department of Planning Services)
10. Sign locations shall be indicated (any signs to be installed shall adhere to the
requirements of Division 2—Article IV, and Appendices 23-C, 23-D and 23-E of the
Weld County Code. (Department of Planning Services)
11. The approved Landscape Plan. (Department of Planning Services)
B. If exterior lighting is proposed.The applicant shall submit a lighting plan to the Department of
Planning Services for review and approval. (Department of Planning Services)
• C. The application indicates landscaping will be installed while construction in underway. Provide
a Landscape Plan for review and approval by the Department of Planning Services.
(Department of Planning Services)
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 registered State of Colorado engineer
shall be required or a open hole inspection. (Department of Building Inspection)
B. Buildings and structures shall conform to the requirements of the various codes adopted at the
time of permit application. Currently the following has 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.
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.
(Department of Building Inspection)
C. The applicant shall address the requirements of the Berthoud Fire Protection District as stated in
their referral dated June 25, 2012.
• 3. Prior to Issuance of Certificate of Occupancy:
RESOLTUION USR12-0041
LARRY D JOHNSON LIVING TRUST
PAGE 4
• A. An individual sewage disposal system is required for the proposed facility and shall be installed
according to the Weld County Individual Sewage Disposal Regulations. The septic system is
required to be designed by a Colorado Registered Professional Engineer according to the Weld
County Individual Sewage Disposal Regulations.(Department of Public Health and Environment)
4. Upon completion of 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 of the
paper copies 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 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.
(Department of Planning Services)
5. In accordance with Weld County Code Ordinance 2006-7 approved June 1,2006, should the plat not
be recorded within the required one-hundred twenty (120) days from the date the Board of County
Commissioners resolution a$50.00 recording continuance charge shall added for each additional 3
month period. (Department of Planning Services)
6. The Department of Planning Services respectively 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 dhuerter@co.weld.co.us. (Department of Planning Services)
7. 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)
Motion seconded by Jordan Jemiola.
VOTE:
For Passage Against Passage Absent
Robert Grand
Bill Hall
Benjamin Hansford
Mark Lawley
Nick Berryman
Jason Maxey
Joyce Smock
Jordan Jemiola
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission,do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on August 22, 2012.
Dated the 22nd A ust, 2012.
• c.4, 1\,(jSbJer /COtindttin
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
• Larry D Johnson Living Trust
USR12-0041
1. A Site Specific Development Plan and Special Review Permit for a Veterinary Clinic (An
Examination/Equine Surgery Room as well as a Lab Area for a Veterinary Clinic) in the A
(Agricultural)Zone District. (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. The number of outside employees(not including family members)shall be six(6)full-time employees
or equivalent." (Department of Planning Services)
4. Normal hours of operation will be from 8 AM to 5 PM Monday-Friday. The Veterinary Clinic will open
outside of normal hours of operation in case of emergencies according to the application materials.
(Department of Planning Services)
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.(Department of Public
Health and Environment)
6. 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)
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, 30-20-100.5, C.R.S., as amended. (Department of Public Health
and Environment)
8. 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)
9. The applicant shall operate in accordance with the approved "waste handling plan", at all times.
(Department of Public Health and Environment)
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. (Department of
Public Health and Environment)
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. (Department of Public Health
and Environment)
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 stored secure, on an impervious
surface, and in accordance with manufacturer's recommendations. (Department of Public Health
and Environment)
13. Adequate drinking, handwashing and toilet facilities shall be provided for personnel and patrons of
the facility, at all times. (Department of Public Health and Environment)
• 14. A permanent, adequate water supply shall be provided for drinking and sanitary purposes (Little
Thompson Water District). (Department of Public Health and Environment)
RESOLTUION USR12-0041
LARRY D JOHNSON LIVING TRUST
PAGE 6
• 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. (Department of Public Health and Environment)
16. The operation shall comply with all applicable rules and regulations of State and Federal agencies
and the Weld County Code. (Department of Public Health and Environment)
17. A building permit will be required for any new construction, alteration, or addition to any building
on the property. (Department of Building Inspection)
18. Buildings and structures shall conform to the requirements of the various codes adopted at the
time of permit application. Currently the following has 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.
(Department of Building Inspection)
19. Effective April 25, 2011, Building Permits issued on the proposed lots will be required to adhere to the
fee structure of the Weld County Road Impact Program. (Ordinance 2011-2)
20. Effective April 25, 2011, Building Permits issued on the proposed lots,will be required to adhere to the
fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance 2011-2)
21. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code. (Department of Planning Services)
22. The property owner or operator shall be responsible for complying with the Operation Standards
• of Section 23-2-250, Weld County Code. (Department of Planning Services)
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 constructed as traffic control devices. (Department of
Planning Services)
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.
(Department of Public Works)
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 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 run-off rate and velocity increases, diversions,concentration and/or unplanned
ponding of storm run-off. (Department of Public Works)
27. 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.
RESOLTUION USR12-0041
LARRY D JOHNSON LIVING TRUST
PAGE 7
• 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. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural
counties in the United States, typically ranking in the top ten counties in the country in total market
value of agricultural products sold. The rural areas of Weld County may be open and spacious, but
they are intensively used for agriculture. Persons moving into a rural area must recognize and accept
there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of
services than in town. Along with the drawbacks come the incentives which attract urban dwellers to
relocate to rural areas: open views, spaciousness,wildlife, lack of city noise and congestion,and the
rural atmosphere and way of life. Without neighboring farms, those features which attract urban
dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural
activities will generate off-site impacts, including noise from tractors and equipment; slow-moving
farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from
animal confinement, silage and manure;smoke from ditch burning;flies and mosquitoes; hunting and
trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and
fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations. A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
• Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved"out of the way"of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size(twice
the size of the State of Delaware)with more than three thousand seven hundred(3,700)miles of state
and county roads outside of municipalities. The sheer magnitude of the area to be served stretches
available resources. Law enforcement is based on responses to complaints more than on patrols of
the County, and the distances which must be traveled may delay all emergency responses, including
law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must
leave their jobs and families to respond to emergencies. County gravel roads, no matter how often
they are bladed, will not provide the same kind of surface expected from a paved road. Snow
removal priorities mean that roads from subdivisions to arterials may not be cleared for several days
after a major snowstorm. Services in rural areas, in many cases,will not be equivalent to municipal
services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches,electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock,and
open burning present real threats. Controlling children's activities is important, not only for their
safety, but also for the protection of the farmer's livelihood.
•
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EXHIBIT
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• Motion: Delete Development Standard 29 and renumber accordingly, Moved by Benjamin Hansford,
Seconded by Joyce Smock.
Motion passed unanimously.
Mickey Leyba-Farnsworth, 1605 Orion Place, Longmont, Colorado stated that they have read all the
conditions of approval and development standards and have no issues with complying with those
requirements. In addition, Ms. Leyba-Farnsworth stated that they have been working with the State Division of
Reclamation and Mining and did receive written approval. They are working on getting their performance and
financial warranties in place and should have those in order in the next couple of weeks so that they can
receive their official permit.
In response to Commissioner Smock's inquiry, Ms. Leyba-Farnsworth stated that there will be 50 to 60 trips
per day.
ID The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Brian Kennison,47765 CR 112, clarified that there is no house where this mine site is going to be so no one
can live there. Mr. Kennison referred to the application where it states that there are no nearby residences;
however he stated that he lives 0.4 tenths of a mile from the proposed gravel pit. He added that he has young
children and is concerned with the traffic and dust. Mr. Kennison stated that the road has been nearly
impassable most of the time and requested that mag chloride be applied to the road.
Commissioner Grand asked Mr. Carroll if Mr. Kennison's issues will be resolved in the Improvements
Agreement. Mr. Carroll replied that with issues like this the Public Works Department requests that mag
chloride is applied to the road on 300 feet of either side of the front of the residence. He added that truck
• turning and bus signs may also be posted.
Fl Ben Warren lives to the west of Mr. Kennison approximately 1 mile. He is also concerned with the dust
and the number of trucks on the road. He noted a new water hauling facility at County Roads 95 and 118 and
said that the truck traffic will increase. The cattle in the corral are breathing that dust all the time. He believes
that there should be a schedule on controlling the dust rather than on an as needed basis.
IR Ms. Leyba-Farnsworth said that the actual area of disturbance proposed is 66.6 acres and not the entire
site. With regard to truck traffic,the haul routes will be determined and the applicant is committed to whatever
it will take to maintain dust control. Ms. Leyba-Farnsworth said that there are specific haul routes and trigger
points for applying mag chloride with regard to the water hauling facility mentioned.
The Chair asked the applicant if they have read through the amended Development Standards and Conditions
of Approval and if they are in agreement with those. The applicant replied that they are in agreement.
El Motion: Forward Case USR12-0029 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Robert Grand, Seconded by Benjamin Hansford.
Vote: Motion carried by unanimous roll call vote(summary: Yes = 7).
Yes: Benjamin Hansford,Jason Maxey,Jordan Jemiola,Joyce Smock, Mark Lawley, Nick Berryman,Robert
Grand. q
Fl CASE NUMBER: USR12-0041
APPLICANT: LARRY D JOHNSON LIVING TRUST
PLANNER: CHRIS GATHMAN
•
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR AN AGRICULTURAL SERVICE ESTABLISHMENT PRIMARILY
ENGAGED IN PERFORMING AGRICULTURAL, ANIMAL HUSBANDRY OR
2
HORTICULTURAL SERVICES ON A FEE OR CONTRACT BASIS (A MIXED
•
ANIMAL VETERINARY CLINIC) IN THE A (AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION : LOTA REC EXEMPT RE-1676; PART N2SW4 SECTION 20, T4N, R68W OF THE
6TH P.M . , WELD COUNTY, COLORADO.
LOCATION: EAST OF AND ADJACENT TO CR 3 AND APPROXIMATELY 2/3 MILE NORTH
�cq OF CR 40.5.
C7 Chris Gathman , Planning Services, presented Case USR12-0041 , reading the recommendation and
comments into the record . The Department of Planning Services recommends approval of this application
with the attached conditions of approval and development standards. In addition , Public Works and
Environmental Health presented their reports and stated that they have no concerns with this request.
CJ Dana Johnson , 20360 CR 3 , Berthoud , CO, stated that she is proposing to have a mixed animal
veterinary clinic to treat dogs, cats and horses . She said that they are expecting 10 to 15 vehicles per day.
C i The Chair asked if there was anyone in the audience who wished to speak for or against this application .
Benjamin Cox stated that he lives across the street from the proposed veterinary clinic. He is concerned with
possible expansion of the clinic and the addition of a kennel facility. After visiting with Staff this morning, he
was reassured that a kennel would require a different land use permit and that the applicant has stated there
will be no more than 6 employees on site at any given time.
ID Ms. Johnson said that she is happy to have an acceptable landscape plan . She requested that if there is
an employee cap that it be in terms of full-time employees. She said that she does not intend to expand the
operation .
• Mr. Gathman recommended amending Development Standard 3 to read "The number of employees (not
including family members) shall be six (6) full-time employees or equivalent. "
Motion : Amend Development Standard 3 as per staff recommendation , Moved by Robert Grand , Seconded
by Benjamin Hansford.
Motion passed unanimously.
The Chair asked the applicant if she has read through the amended Development Standards and Conditions
of Approval and if she is in agreement with those. The applicant replied that she is in agreement.
U Motion : Forward Case USR12-0041 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Joyce Smock, Seconded by Jordan Jemiola.
The Chairs called a recess at 2:27 pm and reconvened the hearing at 2: 53 pm .
ICA CASE NUMBER : USR12-0034
APPLICANT: BB COLORADO HOLDINGS LLC
PLANNER: TOM PARKO
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR AGRICULTURAL SERVICE ESTABLISHMENTS PRIMARILY
ENGAGED IN PERFORMING AGRICULTURAL, ANIMAL HUSBANDRY OR
HORTICULTURAL SERVICES ON A FEE OR CONTRACT BASIS, INCLUDING A
LIVESTOCK CONFINEMENT OPERATION (8,000 HEAD DAIRY) AND ONE
SINGLE FAMILY DWELLING UNIT PER LOT OTHER THAN THOSE PERMITTED
UNDER SECTION 23-3-20.A ABOVE (A SECOND SINGLE FAMILY DWELLING)
IN THE A (AGRICULTURAL) ZONE DISTRICT.
• LEGAL DESCRIPTION : NE4 SECTION 22, T2N , R67W OF THE 6TH P. M. , WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 20 AND WEST OF AND ADJACENT TO CR
21 .
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