HomeMy WebLinkAbout20073852.tiff HEARING CERTIFICATION
DOCKET NO. 2007-101
RE: 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
A public hearing was conducted on December 19, 2007, at 10:00 a.m., with the following present:
Commissioner David E. Long, Chair
Commissioner William H. Jerke, Pro-Tem
Commissioner William F. Garcia
Commissioner Robert D. Masden
Commissioner Douglas Rademacher
Also present:
Acting Clerk to the Board, Jennifer VanEgdom
Assistant County Attorney, Cyndy Giauque
Planning Department representative, Roger Caruso
Health Department representative, Pam Smith
Public Works representative, David Snyder
The following business was transacted:
I hereby certify that pursuant to a notice dated November 30, 2007, and duly published
December 5, 2007, in the Fort Lupton Press, a public hearing was conducted to consider the
request 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.
Cyndy Giauque, Assistant County Attorney, made this a matter of record. Roger Caruso,
Department of Planning Services, presented a brief summary of the proposal and entered the
favorable recommendation of the Planning Commission into the record as written. He stated the
site is located south of State Highway 392 and west of County Road 53, he gave a brief description
of the surrounding land uses, and he stated the closest residence is approximately 600 feet
northwest of the site. He stated the site is currently in violation of the Weld County Code due to
the operation of the veterinary clinic without the proper Use by Special Review permit. He further
stated approval of the permit application will bring the site into compliance; however, if the permit
application is not approved, staff requests the matter be referred to the County Attorney's Office,
with a delay of legal action for 90 days. He clarified the site is not located within the three-mile
referral area for any municipality, fifteen referral agencies reviewed the request, and ten provided
comments which have addressed through the Conditions of Approval and Development Standards.
He stated modifications to Development Standards#4 and#5 have been requested, the applicant
will address the requested modifications,and he displayed photographs of the site and surrounding
properties.
Pam Smith,Department of Public Health and Environment,stated the application indicates that less
than 20 people will access the site on a daily basis, and the applicant desires to be able to
occasionally host workshops or clinics with attendance in excess of 100 people. She clarified the
application materials indicate six employees work on the site; however, the applicant is requesting
a total of ten employees,which will be addressed further in the applicant's presentation. She stated
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the residence is serviced by a septic system which was permitted in 2001, and the shop/office is
serviced by a septic system which was permitted in 2005. She clarified the septic systems for the
residence and the shop/office contain separate pumps; however, the systems share a common
leach field, therefore, staff is requiring that the septic systems be reviewed by a Colorado
registered professional engineer. Ms. Smith requested the addition of two Conditions of Approval,
as addressed within her memo, marked Exhibit J, including the utilization of portable toilets during
special events, and evidence of a Underground Injection Control (UIC) Class V Injection Permit
from the Environmental Protection Agency(EPA) due to the floor drains within the shop building.
She clarified the applicant will be required to indicate compliance with the permit requirements, or
provide a letter from the EPA indicating the facility is not required to comply with the requirements.
She stated the applicant has been made aware of the proposed conditions,and she requested the
language regarding the utilization of portable toilets be added as new Development Standard #15
to state, "Adequate toilet facilities (portable toilets) shall be provided for special events."
David Snyder, Department of Public Works, stated staff has required that 40-foot turning radii be
provided at the access on County Road 53,which is a local gravel road. He stated County Road 66
is also a local gravel road, therefore, the applicant will be required to provide dust suppression for
a length of 300 feet in front of each affected residence, as addressed within the Development
Standards. In response to Commissioner Rademacher, Ms. Smith indicated the applicant will be
required to submit a Dust Abatement Plan for dust created at the site; however, the plan has not
yet been submitted.
Philip Brink, Brink, Inc., represented the applicant, and stated Wendy Simmons is a Doctor of
Veterinary Medicine, and Jacob Simmons is an Equine Dentist. He stated the applicants began
providing vet and dental services to horses within the area on an ambulatory basis, traveling to the
necessary residences. He stated the business began to grow and it became necessary for the
applicants to provide specialized care for various animals within an on-site clinic equipped with five
stalls, which was constructed in 2006. Mr. Brink stated the clinic is surrounded by approximately
51 acres, and the applicants also raise several horses on the property. He stated the applicants
have always worked to be a good neighbor, the case file contains nine letters of support, and the
applicants have volunteered their assistance with local programs including 4-H, FFA, rodeo
programs, and the Weld County Fair. He reiterated both Planning staff and the Planning
Commission have recommended approval of the permit application, and he agrees that the
residents of Weld County will benefit from the operation of the vet clinic. Mr. Brink requested that
the hours of operation, listed in Development Standard#4, be extended from 5:30 p.m.to 6:00 p.m.
on weekdays. He further requested the language of Development Standard #5 be modified to
allow a total of ten (10) employees at the clinic, since part-time seasonal help may be necessary
during busier seasons. In response to Chair Long, Mr. Caruso indicated Condition of
Approval #1.A.4 will need to be modified to increase the number of required parking spaces from
twenty-six to thirty, due to the addition of four employees. In response to Commissioner Jerke,
Mr. Brink stated horses are ridden more often during warmer weather, therefore, an increased
opportunity for injury to the horse exists.
Further responding to Commissioner Jerke, Wendy Simmons, applicant, stated breeding and
foaling seasons occur during the spring months,therefore,the months between March and August
are the busiest months for the vet clinic. In response to Commissioner Garcia, Dr. Simmons stated
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if a horse is suspected to have a communicable disease, a visit will be made to the residence of
the horse to reduce the risk of contamination. She further stated one closed stall at the clinic is
maintained separately for horses with infectious diseases; however, the stall is located within the
same building. Further responding to Commissioner Garcia, Dr. Simmons indicated animals with
a communicable disease are not regularly brought to the clinic; however, they do need to be
brought in on an occasional basis. In response to Commissioner Masden, Dr. Simmons indicated
she would like to host client education seminars, approximately once per year, and confirmed the
seminars will take place within the main barn at the site.
Rod Mackenize, Weld County resident, expressed his support for the operation of the vet clinic,
and stated he has been utilizing the services of the applicants for over five years. He stated
Dr. Simmons recently provided care for one of his horses which had severe colic, and he is very
grateful that Dr. Simmons was able to treat his horse at the clinic. He confirmed that Dr. Simmons
regularly visits his residence to take care of the horses; however, on occasion the animals must
be brought to the clinic to receive adequate care. He stated many residents within Weld County
own livestock, and he understands there are many veterinarians within the area; however, the
applicants are equine specialists, and he appreciates the rare service they are able to provide. He
confirmed Dr. Simmons' service is very convenient, and the business is a great asset for the
residents of Weld County.
Penny Ramsey, Weld County resident, stated she recently moved to Weld County from the Town
of Berthoud, and confirmed Dr. Simmons provided care for her animals approximately ten years
ago when she was working with a vet clinic within the Berthoud area. She stated the vet clinic is
located approximately two miles from her residence, and Dr. Simmons recently treated one of her
miniature stallions with severe colic. She clarified if she had not been able to take the stallion to
the clinic, it would have been necessary to put the horse down. She stated the only other equine
specialist nearby is in Larimer County at Colorado State University,and it is expensive to travel that
far for equine care. She confirmed the charges for services are very reasonable,and Dr. Simmons
has excellent availability. Ms. Ramsey indicated she recently made the move to Weld County
because she agrees with the agricultural mindset found in Weld County.
Justin Hammerich, Weld County resident, indicated he is a client of Dr. Simmons, and he
expressed his support for approval of the permit application. He stated he moved to Weld County
approximately two years ago, and he trusts Dr. Simmons with his horses. He clarified the vet clinic
is approximately five miles from his residence, and he indicated 100 percent of his income is
derived from his horses, therefore, it is important to have a vet which he trusts.
Tom Hellerich, Attorney, stated he is representing the owners of the residence closest to facility,
Ron and Pama Farmer. He indicated the Farmers are not opposed to the facility, as they
understand the need for the facility; however, the Farmers believe several issues need to be
discussed so that some protections may be put in place. Mr. Hellerich stated the plat does not
contain the correct representation of the Decker Lateral Ditch, and he submitted a copy of a letter
from the Decker Lateral Ditch Company, marked Exhibit E. He stated the ditch in question is a
private ditch which is located upon the Farmers property, therefore, the plat needs to be amended
to remove the representation of the ditch along the applicant's property. In response to Chair Long,
Mr. Caruso indicated the ditch will be deleted from the plat before the plat is recorded.
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Mr. Hellerich submitted a letter from the Natural Resources Conservation Service(NRCS), marked
Exhibit F, which describes Mr. Farmer's intentions regarding an irrigation improvement project on
his farm. He stated the Farmers have concerns regarding the impact of the lights placed on the
buildings, and the headlights from traffic accessing the site,which shine into the Farmer residence
at the point of the curve on the access road. He clarified the Farmers are requesting that screening
be provided to block the headlights of cars entering the site, and provided an oversized map,
marked Exhibit G, which depicts the requested placement of the screening and the placement of
future structures. He stated the Farmers also have concerns with dust on the site; however, the
submittal of the Dust Abatement Plan shall be sufficient to address the concerns. Mr. Hellerich
further submitted two photographs of the applicant's property, marked Exhibit H, and stated the
Farmers understand the need for customers to be able to access the clinic for emergency
situations, and they are not opposed; however, they would like consideration for the use of their
property. In response to Chair Long, Mr. Hellerich stated there is not current litigation regarding
the ditch located on the Farmer property; however, there are concerns of the prior use of the ditch,
and flooding and spillage concerns. Responding to Commissioner Jerke, Mr. Hellerich indicated
the Farmer property contains approximately 76 acres.
In response to Commissioner Rademacher, Ron Farmer, surrounding property owner, stated the
access to his property is on State Highway 392, and he indicated the access on the map provided.
He stated the access road which leads to the vet clinic is directly perpendicular to his residence,
therefore, the headlights from vehicles accessing the road shine into his residence, and his garage
does not block the view of the headlights. He further stated he has invited staff to visit his
residence after dark to confirm that the headlights shine into his residence; however, staff has not
visited the site after dark. Chair Long summarized that the concerns presented by Mr. Hellerich
included lighting, fencing, dust, and the possibility of future buildings, and he stated additional
buildings on the applicant's property will have to be reviewed at a later date. There being no further
comments, the Chair closed the public input portion of the hearing.
In response to Chair Long, Mr. Brink indicated that the Department of Planning Services has
determined that a fence for screening purposes is not necessary. He indicated the access road
does curve, and he does not believe traffic accessing the road constitutes a significant concern.
He stated the dust concerns on the site will be addressed through the submittal of the Dust
Abatement Plan, and he clarified the clinic building contains two amber lights, which face
downward, and the lights are connected to a motion-detection sensor. He further clarified the
opposite side of the clinic contains one amber light in order to observe the animals, and he
submitted two photographs of the site, marked Exhibit I, which depict the placement of the amber
lights.
Commissioner Jerke indicated that good fences do make good neighbors, and he supports the
placement of a fence for screening purposes. Commissioner Masden stated after viewing the
pictures of the site, he concurs with the request for screening of vehicle headlights. He further
stated the amber lights on the building do not pose a serious concern, and he believes the
concerns regarding dust will be addressed through the submittal of the Dust Abatement Plan.
Chair Long indicated he supports the request for the placement of a fence to provide screening
from the access road. Commissioner Rademacher indicated it is necessary to specify the required
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length of the fencing, and in response, Mr. Hellerich requested the fence be six feet in height, and
approximately 150 feet in length, from the door of the clinic to the curve in the access road.
Mr. Brink indicated he has concerns with the placement of the fence due to the location of an
irrigation canal, and he stated the placement of the fence will block the view of the incoming water
within the ditch. He stated he is concerned that the neighbor is being allowed to dictate the type
of fence to be placed on a property which he does not own. He explained the headlights of
vehicles accessing the site will only create a brief distraction,and reiterated vehicles exiting the site
will not cause a distraction. He suggested the applicant be allowed to plant trees to provide
screening instead of the placement of a fence. Commissioner Rademacher indicated some types
of trees may be able to provide adequate screening.
Responding to Commissioner Jerke, Mr. Snyder indicated the applicant will be required to provide
dust suppression for 150 feet on each side of a residence located along the described roadways,
for a total of 300 feet of dust suppression. In response to Commissioner Garcia, Ms. Smith
indicated she does not have extraordinary concerns regarding the transmission of communicable
disease at the vet clinic, especially since the applicant raises horses on the site as well.
Responding to Chair Long, Mr. Caruso reiterated placement of the ditch on the plat will be deleted
before the plat is recorded, and it is not necessary to add language to the resolution regarding the
matter.
Further responding to Chair Long, Mr. Caruso stated during the field inspection on October 24,
2007, he determined the access road is a Use by Right for the property owner, and he believes
traffic to the site will be minimal. He requested Condition of Approval #1.A.7 be added to state,
"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." He stated he will need to
conduct an additional field inspection to determine whether the placement of a fence or trees will
be more appropriate. Commissioner Jerke indicated he concurs with empowering the Department
of Planning Services to determine what type of screening will be the most sufficient since it is
impossible to determine without viewing the layout of the site. Mr. Caruso requested the minimum
number of parking spaces required through Condition of Approval #1.A.4 be modified from
twenty-six (26) to thirty (30), due to the addition of the four employees requested through
Development Standard #5. He further reiterated the request for the modification of Development
Standard #4, regarding hours of operation to be extended from 5:30 p.m., to 6:00 p.m. Following
discussion among the Board, the Board concurred with the addition of Condition of
Approval #1.A.7, to state, "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,"
and the modification of Condition of Approval #1.A.4, to increase the number of required parking
spaces from twenty-six (26) to thirty (30). The Board also concurred with the modification of
Development Standard#4, extending the hours of operation from 5:30 p.m., to 6:00 p.m., and the
modification of Development Standard#5, increasing the number of employees allowed on the site
from six (6) to ten (10). In response to Ms. VanEgdom, Ms. Smith requested the addition of new
Condition of Approval #1.D to state, "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
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Class V requirements," and the Board concurred with Ms. Smith's request. In response to Chair
Long, Mr. Brink indicated he, and the applicants, have reviewed, and concur with, the Conditions
of Approval and Development Standards, as previously modified.
Commissioner Garcia moved to approve the request 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, based on the recommendations of Planning staff and
the Planning Commission,with the Conditions of Approval and Development Standards as entered
into the record, including the modification to Condition of Approval #1.A.4, the addition of
Conditions of Approval #1.A.7, and #1.D, with the required renumeration, the modification of
Development Standards #4 and #5, and the addition of Development Standard #15, with the
required renumeration. The motion was seconded by Commissioner Rademacher, and it carried
unanimously. There being no further discussion, the hearing was completed at 11:45 a.m.
This Certification was approved on the 26th day of December, 2007.
APPROVED:
---,Cs-- BOARD OF COUNTY COMMISSIONERS
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4y)�, WELD COUNTY, COLORADO
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ATTEST: ' ?�j s id" te, EXCUSED DATE OF APPROVAL
+ David E. Long, Chair
Weld County Clerk to the Board 73
yWilliam H. Jerke, Pro-Tem
BY: IU Cat
Dep Cler o the Boar EXCUSED DATE OF APPROVAL
Willi F. Garcia
z,
Robert D. Masden
Douglas ademadher
2007-3852
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EXHIBIT INVENTORY CONTROL SHEET
Case USR#1623 - JACOB AND WENDY SIMMONS, III
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes 11/06/2007)
D. Clerk to the Board Notice of Hearing (Filed under Legals)
E. Tom Hellerich Letter and Amended Articles of
Incorporation re: Decker Lateral Ditch
Company
F. Tom Hellerich Letter re: NRCS irrigation improvement
project, dated 12/11/07
G. Tom Hellerich Oversized plat map
H. Tom Hellerich Two photographs of the site
Applicant Two photographs of the site
J. Health Staff Memo re: Addition of Conditions, dated
12/19/07
K. Planning Staff Certification and photo of sign posting
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