HomeMy WebLinkAbout20120528.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR11-0025, FOR A VETERINARY CLINIC (AN EXAMINATION/EQUINE
SURGERY ROOM, AS WELL AS A LAB AREA) IN THE A (AGRICULTURAL) ZONE
DISTRICT- DOUG JERGENS
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 29th day
of February, 2012, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Doug Jergens, 27435 County Road 70, Gill, Colorado 80624, for a
Site Specific Development Plan and Use by Special Review Permit, USR11-0025, for a
Veterinary Clinic (an examination/equine surgery room, as well as a lab area) in the
A (Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
Lot A of Recorded Exemption #3889; being part of
the S1/2 SW1/4 of Section 10, Township 6 North,
Range 64 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was present, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of
the Weld County Planning Commission and all of the exhibits and evidence presented in this
matter and, having been fully informed, finds that this request shall be approved for the following
reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.8 of the Weld County Code as follows:
a. Section 23-2-230.8.1 -- The proposed use is consistent with Chapter 22
and any other applicable Code provisions or ordinance in effect.
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
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SPECIAL REVIEW PERMIT (USR11-0025) - DOUG JERGENS
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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
an existing barn/outbuilding on the site. The veterinary operation is
primarily mobile but this Use by Special Review Permit (USR) will allow
customers/clients to bring horses on the site for treatment under certain
circumstances. This use will blend in with the surrounding agricultural
uses in the area. The Conditions of Approval and Development
Standards 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 6.5 of the Weld County
Code allows Veterinary Clinics or Hospitals as a Use by Special Review
in the A (Agricultural) Zone District.
c. Section 23-2-230.6.3 -- 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 nearest residences to the site are located approximately 350 feet to
the west and 1,000 feet to the southeast. A Use by Special Review
Permit (USR-705 — approved January 8, 1986) for a trucking business is
located immediately to the southeast of the site (across County Road 70);
a dairy for up to 4,500 head (USR-1602 — approved on July 11, 2007) is
located one-half mile to the east; and a Roping Arena (USR-1393 —
approved September 29, 2004) is located approximately one-fourth of a
mile to the west of the site. The proposed use will be conducted within an
existing outbuilding and traffic to the site will be relatively low. The
Conditions of Approval and Development Standards will ensure
compatibility with existing surrounding land uses.
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 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
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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 an existing
outbuilding. No additional land will be removed from agricultural
production.
g. Section 23-2-230.B.7 — The Conditions of Approval and Development
Standards will ensure adequate provisions for the protection of the health,
safety, and welfare of the inhabitants of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Doug Jergens, for a Site Specific Development
Plan and Use by Special Review Permit, USR11-0025, for a Veterinary Clinic (an
examination/equine surgery room, as well as a lab area) in the A (Agricultural) Zone District, on
the parcel of land described above be, and hereby is, granted subject to the following
conditions:
1. The West Greeley Soil Conservation District has provided information regarding
the soils on the site. The applicant shall review the information and use it to
positively manage on-site soils.
2. Prior to recording, the plat shall be amended to delineate the following:
A. All sheets of the plat shall be labeled USR11-0025.
B. The attached Development Standards.
C. The plat shall be prepared in accordance with Section 23-2-260.D of the
Weld County Code.
D. 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 properties and public rights-of-way. These areas
shall be designed and used in a manner that will prevent trash from being
scattered by wind or animals.
E. County Road 70 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. These roads are maintained by
Weld County.
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F. The approved access labeled with the approved access permit number
(AP#).
G. The off-street parking spaces and loading areas, including the access
drive, shall be surfaced with gravel, asphalt, concrete, or the equivalent,
and shall be graded to prevent drainage problems.
3. Prior to the release of building permits:
A. A building permit application must be completed and two complete sets of
plans, including engineered foundation plans bearing the wet stamp of a
Colorado registered architect or engineer, must be submitted for review.
A Geotechnical Engineering Report, performed by a Colorado registered
engineer, shall be required. Building permits are required for buildings,
structures, and change of use for buildings which required permits before
the beginning of construction or the proposed change of use.
B. The structures proposed to have changed uses will require a commercial
building permit for change of use. A code analysis, floor plan, a complete
set of plans for any alteration, and probably a structural analysis by a
professional engineer will be required. The existing pole barns have been
built as Agricultural Exempt buildings, COC11-00082 or COC08-00069.
Structural analysis will be required.
4. Prior to the issuance of the Certificate of Occupancy/Final Building Permit:
A. An individual sewage disposal system is required for the proposed facility
and shall be installed according to the Weld County Individual Sewage
Disposal System (I.S.D.S.) regulations. The septic system is required to
be designed by a Colorado registered professional engineer according to
the Weld County I.S.D.S. Regulations.
5. Upon completion of Conditions of Approval #2 and #3 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 the Department of Planning Services.
The plat shall be prepared in accordance with the requirements of Section
23-2-260.D of the Weld County Code. The Mylar plat and additional
requirements shall be submitted within sixty (60) days from the date of the Board
of County Commissioners Resolution. The applicant shall be responsible for
paying the recording fee.
6. 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
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date of the Board of County Commissioners Resolution, a $50.00 recording
continuance charge shall be added for each additional three (3) month period.
7. 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.
8. 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 29th day of February, A.D., 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: et_77-54
P
/GI. Sean P, CCoChair —
Weld County Clerk to the Board
Wiliam F. Garcia, Pro Teml
Elsa
BY: n.0
Deputy Cl o the Boa t 4 i, ftdr
1?=t O gay arbara Kirkmeyer I
AP AS • • A XCUSED
avid E. Long
ni
ou A orn < U a
ougl0 Rademach r
Date of signature: ' al-/8-
2012-0528
PL2151
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DOUG JERGENS
USR11-0025
1. A Site Specific Development Plan and Use by Special Review Permit, USR11-0025, is
for a Veterinary Clinic (an examination/equine surgery room, as well as a lab area) 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 employees shall be limited to eight (8), including the applicants.
4. 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.
5. 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.
6. 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.
7. 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.
8. The applicant shall operate in accordance with the approved Waste Handling Plan, at all
times.
9. 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.
10. 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.
11. 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 and volatile organic compounds. All chemicals must be stored secure, on an
impervious surface, and in accordance with manufacturer's recommendations.
12. Adequate drinking, hand washing, and toilet facilities shall be provided for employees
and patrons of the facility, at all times.
13. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
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14. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes. The facility shall utilize the existing public water supply (North Weld County
Water District).
15. The operation shall comply with all applicable rules and regulations of State and Federal
agencies and the Weld County Code.
16. A building permit will be required for any new construction, alteration, or addition to any
building on the property.
17. 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.
18. Effective April 25, 2011, building permits issued on the proposed lot will be required to
adhere to the fee structure of the County-Wide Road Impact Fee Program.
19. Effective April 25, 2011, building permits issued on the proposed lot will be required to
adhere to the fee structure of the County Facility Fee and Drainage Impact Fee
Programs.
20. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
21. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
22. 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.
23. The off-street parking spaces, including the access drive, shall be surfaced with gravel,
asphalt, concrete, or the equivalent and shall be graded to prevent drainage problems.
24. Should 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, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
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
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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.
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