HomeMy WebLinkAbout20073599.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1623 FOR A VETERINARY CLINIC OR HOSPITAL IN THE
A(AGRICULTURAL) ZONE DISTRICT- JACOB AND WENDY SIMMONS, III
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 19th day of
December, 2007, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Jacob and Wendy Simmons, III, 32649 County Road 53, Greeley,
Colorado 80637, for a Site Specific Development Plan and Use by Special Review Permit#1623
for a Veterinary Clinic or Hospital in the A(Agricultural)Zone District on the following described real
estate, being more particularly described as follows:
Lot B of Recorded Exemption #2923; being part of
the NE1/4 of Section 20, Township 6 North,
Range 64 West of the 6th P.M., Weld County,
Colorado
WHEREAS, said applicant was represented by Philip Brink, Brink, Inc., 1304 Centaur
Village Drive, Suite B, Lafayette, Colorado 80026, at said hearing, 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.B of the Weld County Code as follows:
a. Section 23-2-230..1 --The proposed use is consistent with Chapter 22 and
any other applicable Code provisions or ordinance in effect.
Section 22-2-60.6 (A. Goal 2) allows commercial uses which are directly
related to,or dependent upon,agriculture to locate within agricultural zoning
when the impact to surrounding properties is minimal, and where adequate
service and infrastructure are available. The proposed clinic will provide
veterinary and dentistry services for equines. The Conditions of Approval,
Development Standards, and Operations Standards will effectively mitigate
any adverse impacts to surrounding areas. A violation was initiated as a
result of the operation of Block and Bridle Veterinary Service without the
proper Use by Special Review Permit. This violation has not been
2007-3599
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ilL (.t ) /779Q. /?EP 0//7 '8
SPECIAL REVIEW PERMIT #1623 - JACOB AND WENDY SIMMONS, Ill
PAGE 2
presented to the Board of County Commissioners, due to the submittal of
this Use By Special Review application.
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
provides for Veterinary Clinics 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 surrounding area consists of
rural residences to the north, south, east, and west; the closest home is
located 210 feet to the west. The Conditions of Approval and Development
Standards will ensure that the proposal is consistent with surrounding land
uses.
d. Section 23-2-230.B.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. This
proposal does not lie within the three-mile referral area of any municipality.
e. Section 23-2-230.B.5 -- The site does not lie within any Overlay Districts.
f. Section 23-2-230.6.6 --The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The property, Lot B of Recorded Exemption #2923, is considered
Irrigated (not prime) agricultural land by the Important Farmlands of Weld
County Map, dated 1979. Section 22-2-60.1.1 of the Weld County Code
indicates that eighty(80) acres is considered the minimum lot size needed
for a viable farming operation; however, the subject property is forty-nine
(49)acres in size. The clinic will encompass approximately five(5)acres of
the site and the remainder will be utilized for general agricultural related
activities considered a Use by Right.
g. Section 23-2-230.6.7 -- 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 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 Jacob and Wendy Simmons, Ill, for a Site Specific
Development Plan and Use by Special Review Permit#1623 for a Veterinary Clinic or Hospital in
the A(Agricultural)Zone District on the parcel of land described above be, and hereby is, granted
subject to the following conditions:
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SPECIAL REVIEW PERMIT#1623 - JACOB AND WENDY SIMMONS, Ill
PAGE 3
1. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1) The plat shall be labeled USR-1623.
2) The attached Development Standards.
3) Indication of a forty (40) foot turning radius used for access to
accommodate truck traffic from County Road 66.
4) A minimum of thirty (30) parking spaces, including two (2) spaces
which adhere to the Americans with Disabilities Act(ADA)standards,
shall be delineated on the plat. The applicant shall identify separate
spaces, which will not require backing for trucks with trailers.
Parking spaces shall meet the requirements of Appendix 23-B of the
Weld County Code. Each parking space shall be equipped with
wheel guards, when necessary, to prevent vehicles from extending
beyond the boundary of the space and coming into contact with
other vehicles, walls, fences, sidewalks, or plantings.
5) The applicant shall delineate a vicinity map which shall locate the
site with respect to adjacent roads and other major land features
with a scale of 1" = 2000'.
6) The internal circulation shall be clearly indicated on the plat for
trucks pulling trailers.
7) The applicant shall submit a Screening Plan, to remedy the off-site
nuisance conditions created by vehicles entering the site, to the
Department of Planning Services.
8) The plat shall be prepared in accordance with Weld County Code
Section 23-2-260.D.
B. The applicant shall submit documentation which requires the date of
construction for all proposed structures and additional information stating
the typical daily requirements, including the approximate square footage of
the Equine Veterinary and Dentistry Clinic facility and all ancillary uses.
Additional parking spaces may be required, as determined by the
Department of Planning Services, taking into consideration the size of the
additional structures as outlined in Appendix 23-B of the Weld County Code.
C. The existing septic system serving the clinic and residence shall be
reviewed by a Colorado registered professional engineer. The review shall
consist of observation of the system and a technical review describing the
system's ability to handle the proposed hydraulic load. The review shall be
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SPECIAL REVIEW PERMIT#1623 - JACOB AND WENDY SIMMONS, Ill
PAGE 4
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. Evidence of such shall be
submitted, in writing, to the Weld County Department of Planning Services.
D. The applicant shall submit evidence of an Underground Injection Control
(UIC) Class V Injection Well permit, from the Environmental Protection
Agency (EPA), for any vehicle maintenance facility located on the site that
is equipped with a floor drain. Alternately, the applicant may provide
evidence from the EPA that they are not subject to the EPA Class V
requirements.
E. The applicant shall submit a Dust Abatement Plan,for review and approval,
to the Environmental Health Services Division of the Weld County
Department of Public Health and Environment. Evidence of such shall be
submitted, in writing, to the Weld County Department of Planning Services.
F. The applicant shall submit a Waste Handling Plan (chemicals, drug
disposal, carcass removal, etcetera), for approval, to the Environmental
Health Services Division of the Weld County Department of Public Health
and Environment. Evidence of such shall be submitted, in writing, to the
Weld County Department of Planning Services. The plan shall include, at
a minimum, the following:
1) A list of wastes which are expected to be generated on the 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
the site.
3) The waste handler and facility where the waste will be disposed
(including the facility name, address, and phone number).
G. The applicant shall submit, and have approved, a Landscape, Screening,
Signage, Parking and Lighting Plan. Evidence of approval shall be
submitted to the Weld County Department of Planning Services.
H. A Stormwater Drainage Report shall be submitted to the Weld County
Department of Public Works, in accordance with the requirements of the
referral received April 19, 2002. Construction shall not occur until the
Drainage Report is approved by Weld County Department of Public Works.
Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
The applicant shall address the requirements of the Department of Public
Works, as stated in the referral response received September 11, 2007.
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SPECIAL REVIEW PERMIT #1623 - JACOB AND WENDY SIMMONS, Ill
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Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
J. The applicant shall address the requirements of the Department of Public
Health and Environment, as stated in the referral response received
September 28, 2007. Evidence of such shall be submitted, in writing, to the
Weld County Department of Planning Services.
K. The applicant shall address the requirements of the Department of Planning
Services, as stated in the Landscape referral response dated August 29,
2007. Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
L. The applicant shall address the requirements of the Colorado Department
of Transportation, as stated in the referral response received August 28,
2007. Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
M. The applicant shall attempt to address the requirements and concerns of the
Greeley—Weld County Airport Authority, as stated in the referral response
received August 28, 2007. Evidence of such shall be submitted, in writing,
to the Weld County Department of Planning Services.
N. The applicant shall submit two (2) paper copies of the plat, for preliminary
approval, to the Weld County Department of Planning Services.
2. Prior to Operation:
A. A Stormwater Discharge Permit may be required for a development/
redevelopment/construction site where a contiguous or non-contiguous land
disturbance is greater than, or equal to, one acre in area. The applicant
shall contact the Water Quality Control Division (WQCD) of the
Colorado Department of Public Health and Environment at
www.cdphe.state.co.us/wq/PermitsUnit to determine if they are required to
obtain a Stormwater Discharge Permit. Alternately, the applicant may
provide evidence from WQCD that they are not subject to these
requirements.
3. Upon completion of Conditions of Approval #1 and #2 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 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 thirty
(30) days from the date of the Board of County Commissioners Resolution. The
applicant shall be responsible for paying the recording fee.
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SPECIAL REVIEW PERMIT #1623 - JACOB AND WENDY SIMMONS, III
PAGE 6
4. The Department of Planning Services respectfully 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 maps@co.weld.co.us.
5. No building or electrical permits shall 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 December, A.D., 2007.
BOARD OF COUNTY COMMISSIONERS
:S a WE�COUNTY, COLORADO
AQ
ATTEST: !:�x /C% GlA 1`. �`. A c�
�,�� vid E. Long, Chair
Weld County Clerk to the Board t c 1 ) 7
c.. • dliam . Jerke Pro-Tem
De u y Cler o the Board
Willis F. -G—arc‘
))
AP ED A O RM: 1 A, NC-
Robert D. Masden
unty Attorney o s
ougla Radema er
Date of signature: I f i5lC1
2007-3599
PL1938
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JACOB AND WENDY SIMMONS, Ill
USR #1623
1. The Site Specific Development Plan and Use by Special Permit#1623 is for a Veterinary
Clinic or Hospital in the A (Agricultural) Zone District, and subject to the Development
Standards stated hereon.
2. The Veterinary Clinic shall be limited to an equine practice. The addition of other animals
to the practice will require an amendment to the Permit, in order to address requirements
including, but not limited to, boarding, kennel location, and conformance with the Pet
Animal Care and Facilities Act.
3. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the
Weld County Code.
4. Except for emergencies, hours of operation shall be from 7:00 a.m., to 6:00 p.m., Monday
through Saturday.
5. The applicant shall be limited to ten (10) employees for the Veterinary clinic.
6. The applicant shall remove, handle, and stockpile manure from the livestock area in a
manner that will prevent nuisance conditions. The manure piles shall not be allowed to
exist or deteriorate to a condition that facilitates excessive odors, flies, insect pests, or
pollutant runoff.
7. 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.
8. 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.
9. Waste materials shall be handled,stored,and disposed of in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
10. The applicant shall operate in accordance with the approved Waste Handling Plan.
11. 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.
12. The facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone District, as delineated in Section 25-12-103, C.R.S.
13. Adequate hand washing and toilet facilities shall be provided for employees and patrons of
the facility.
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DEVELOPMENT STANDARDS - JACOB AND WENDY SIMMONS, Ill (USR#1623)
PAGE 2
14. 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.
15. Adequate toilet facilities (portable toilets) shall be provided for special events.
16. The applicant shall supply dust suppressant within 300 feet of the adjacent residences
between State Highway 392 and County Road 66.
17. All potentially hazardous chemicals must be stored and 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.
18. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
19. The facility shall utilize the existing North Weld County Water District water supply.
20. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
21. A building permit shall be obtained prior to the construction of structures, or changes of use
of any building on the parcel, including any sign. An electrical permit will be required for
any electrical service to equipment or buildings. A plot plan shall be submitted when
applying for building permits, showing all structures with accurate distances between
structures, and from structures to all property lines.
22. A plan review is required for each building for which a building permit is required. The
Occupancy Class will be a B Occupancy (Business). Plans shall bear the wet stamp of a
Colorado registered architect or engineer. Two complete sets of plans are required when
applying for each permit.
23. Building height shall be measured in accordance with the 2007 International Building Code
for the purpose of determining compliance with the Bulk Requirements from Chapter 27 of
the Weld County Code. Building height shall be measured in accordance with Chapter 23
of the Weld County Code in order to determine compliance with offset and setback
requirements. Offset and setback requirements are measured to the farthest projection
from building.
24. The applicant shall provide a letter of approval from the Galeton Fire Protection District prior
to any new permit application.
25. A Flood Hazard Development Permit shall be submitted for any building constructed within
the 100-year floodplain, whether the buildings are existing or new.
26. 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.
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PAGE 3
27. Parking lots shall conform to all standards of the American with Disabilities Act
requirements.
28. The landscaping on the site shall be maintained in accordance with the approved
Landscape Plan.
29. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
30. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
31. Weld County Government personnel 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.
32. 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.
33. 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.
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PL1938
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