HomeMy WebLinkAbout20021523.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1382 FOR A VETERINARY CLINIC IN THE A(AGRICULTURAL) ZONE
DISTRICT -VETERINARY PROPERTIES, LLC
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 3rd day
of July, 2002, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Veterinary Properties, LLC, 1907 1st Avenue, Greeley, Colorado
80631, c/o Kristy Bott, P.O. Box 341, Evans, Colorado 80620, for a Site Specific Development
Plan and Use by Special Review Permit#1382 for a Veterinary Clinic in the A (Agricultural)
Zone District on the following described real estate, to-wit:
Lot A of Recorded Exemption #2948; being part of
the W1/2 SE1/4 of Section 26, Township 6 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, on July 3, 2002, the Board deemed it advisable to continue said hearing to
Wednesday, July 10, 2002, due to scheduling conflicts, and
WHEREAS, on July 10, 2002, the applicant was represented by Dr. Wade
Schoemaker 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 recommendations 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.B.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
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SPECIAL REVIEW PERMIT#1382 -VETERINARY PROPERTIES, LLC
PAGE 2
when the impact to surrounding properties is minimal and where
adequate service and infrastructure are available. The proposed clinic
will provide services for large animals such as equine and cattle. The
Conditions of Approval, Development Standards, and Operations
Standards will effectively mitigate any adverse impacts to surrounding
areas.
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.A.5 of the Weld
County Code provides for Veterinary Clinics or Hospitals as a Use by
Special Review in the A (Agricultural) Zone District.
c. Section 23-2-230.B.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The surrounding
area consists of a gravel operation to the south, a retail nursery to the
east, cropland to the west and rural residences to the north. The
properties located to the south and west have been annexed into the
City of Greeley. 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 lie within the three-mile
referral area for the City of Greeley. The City of Greeley does not
oppose the request but would like to see the City of Greeley's
Development Code standards adhered to. The site is within Greeley's
Long Range Expected Growth Area and this site could be annexed into
the City limits in the near future due to the location within the Growth
Area.
e. Section 23-2-230.6.5 —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 is Lot A of Recorded Exemption #2948. A
portion of the site is considered "Prime" agricultural land by the Important
Farmlands of Weld County Map, dated 1979. However,
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 and the subject property is 18 acres in size. The application
materials indicate the clinic will encompass approximately four acres of
the site and the remainder will be utilized to grow hay.
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g. Section 23-2-230.B.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 Veterinary Properties, LLC, for a Site Specific
Development Plan and Use by Special Review Permit#1382 for a Veterinary Clinic in the
A (Agricultural)Zone District on the parcel of land described above be, and hereby is, granted
subject to the following conditions:
1. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) The plat shall be labeled Use by Special Review, USR-1382.
3) Indicate a twenty-four (24) foot opening at the access point to
Weld County Road 64.
4) Nineteen (19) parking spaces, including spaces which adhere to
American Disabilities Act (ADA) standards. Identify separate
spaces, which would not require backing, for trucks with trailers.
Parking shall meet the requirements of Section 23-2-240.6 of the
Weld County Code.
5) The internal circulation shall be clearly indicated on the plat for
trucks pulling trailers.
B. The applicant shall submit a Waste Handling Plan (chemicals, drug
disposal, carcass removal, etc.), for approval, to the Environmental
Health Services Division of the Weld County Department of Public
Health and Environment. The plan shall include, at a minimum, the
following:
1) A list of wastes which are expected to be generated on 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 site.
3) The waste handler and facility where the waste will be disposed
(including the facility name, address, and phone number).
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C. All signage shall be indicated by location and size and shall adhere to
Section 23-4-100.C of the Weld County Code.
D. The applicant shall contact the Weld County Sheriff's Office to discuss
safety and security issues as stated in the referral response received
April 10, 2002.
E. The applicant shall attempt to address the requirements of the City of
Greeley as stated in the referral response dated April 1, 2002. Evidence
of such shall be submitted in writing to the Weld County Department of
Planning Services.
F. A Storm Water Drainage Report shall be submitted to Weld County
Department of Public Works in accordance with 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.
G. The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
H. The applicant shall enter into an On-site (Private) Improvements
Agreement According to Policy Regarding Collateral for Improvements
and post adequate collateral for parking and landscaping requirements.
The agreement and form of collateral shall be reviewed by County staff
and accepted by the Board of County Commissioners prior to recording
the plat.
I. The applicant shall address the requirements of the Department of
Building Inspection as stated in the referral response received April 3,
2002, regarding Building Permits and requirements. Evidence of such
shall be submitted in writing to the Weld County Department of Planning
Services.
2. Prior to issuance of a Certificate of Occupancy:
A. An Individual Sewage Disposal System is required for the proposed
facility and shall be installed according to the Weld County Individual
Sewage Disposal (I.S.D.S.) Regulations.
B. The septic system is required to be designed by a Colorado Registered
Professional Engineer according to the Weld County I.S.D.S.
Regulations.
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3. Prior to operation:
A. A Stop sign shall be placed at the appropriate location prior to entering
onto Weld County Road 64.
4. A complete set of building plans shall be submitted to the Eaton Fire Protection
District prior to building construction. The applicant shall attempt to comply with
the requirements of the Eaton Fire Protection District in accordance with the
referral received, March 28, 2002.
5. Upon completion of Condition of Approval #1 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.
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 mapsco.weld.co.us.
7. The Use by Special Review activity shall not occur, nor shall any building or
electrical permits be issued, on the property until the Use by Special Review plat
is ready to be recorded in the Office of the Weld County Clerk and Recorder.
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The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 10th day of July, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COILORADO
� � ��'!/
ATTEST: I/► '� '�tfl E a S //
? aad, Chair „
Weld County Clerk to the : ( ' .men
`avid E. L.,jg, Pro-Tern
BY:
Deputy Clerk to the Board
M. J. eile
APpROV AS T R • L ca/i.—A-1 l
'Ili m H. Jerke
county !.ttorne
Robert D. Masden
Date of signature: '/s
2002-1523
PL1609
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
VETERINARY PROPERTIES, LLC
USR#1382
1. The Site Specific Development Plan and Use by Special Review Permit #1382 is for a
Veterinary Clinic in the A (Agricultural) Zone District, as indicated in the application
materials on file and subject to the Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the
Weld County Code.
3. The Veterinary Clinic shall be limited to a large animal practice in accordance with the
submitted application materials. The addition of small animals to the practice will require
an amendment to the Use by Special Review Permit in order to address requirements
including, but not limited to, boarding, kennel location, and conformance with the Pet
Animal Care and Facilities Act.
4. Except for emergencies, hours of operation shall be from 8:00 a.m. to 5:00 p.m., Monday
through Saturday. Hours of operation may be expanded with specific permission from the
Board of County Commissioners.
5. 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. The manure storage site shall have a water-tight surface which does not
permit seepage or percolation of manure pollutants into the ground.
6. All liquid and solid wastes,as defined in the Solid Wastes Disposal Sites and Facilities Act,
Section 30-20-100.5, C.R.S., shall be stored and removed for final disposal in a manner
that protects against surface and groundwater contamination.
7. No permanent disposal of wastes shall be permitted at this site. This is not meant to
include those wastes specifically excluded from the definition of a"solid waste"in the Solid
Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S.
8. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
9. Fugitive dust shall be controlled on this site.
10. 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.
11. Adequate hand washing and toilet facilities shall be provided for employees and patrons
of the facility.
12. 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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DEVELOPMENT STANDARDS -VETERINARY PROPERTIES, LLC (USR #1382)
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13. All chemicals must be stored and handled in a safe manner in accordance with product
labeling.
14. The facility shall utilize the existing public water supply(North Weld County Water District).
15. If applicable,the applicant shall obtain a Storm Water Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
16. The applicant shall operate in accordance with the approved Waste Handling Plan.
17. No parking or staging of vehicles shall be allowed on Weld County Road 64 ("O"Street).
Utilize on-site parking areas.
18. The off-street parking spaces, including the access drive, shall be surfaced with gravel,
asphalt, concrete, or equivalent, and shall be graded to prevent drainage problems.
19. 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 planting.
20. Parking lots shall conform to all standards of the ADA requirements.
21. The landscaping on site shall be maintained in accordance with the approved Landscape
Plan.
22. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
23. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
24. Personnel from the Weld County Departments of Public Health and Environment,Planning
Services and Public Works 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.
25. The Use by Special Review area shall be limited to the plans shown hereon and govemed
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.
26. 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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