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Home My WebLink About20021524.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Cristie Nicklas 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: USR-1382 APPLICANT: Veterinary Properties LLC PLANNER: Lauren Light LEGAL DESCRIPTION: Lot A of RE-2948; part of the W2 SE4 of Section 26, T6N, R66W of the 6th P.M., Weld County, Colorado. REQUEST: A Site Specific Development Plan and a Special Review Permit for a Veterinary Clinic in the A(Agricultural)Zone District. LOCATION: North of and adjacent to WCR 64 (O Street); approximately 1/4 mile west of WCR 35. 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. Section 22-2-60.B (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 services for large animals such as equine and cattle. The Development Standards, Conditions of Approval, and Operations Standards will effectively mitigate any adverse impacts to surrounding areas. b. Section 23-2-220.A.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 23-2-220.A.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. Conditions of Approval and Development Standards will ensure that the proposal is consistent with surrounding land uses. 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. 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 - gt,„ City limits in the near future due to the location within the Growth Area. re e. Section 23-2-220.A.5--The site does not lie within any Overlay Districts. Z K f. Section 23-2-220.A.6 --The applicant has demonstrated a diligent effort to conserve S prime agricultural land in the locational decision for the proposed use. The property is TN..,,,cie Lot A of Recorded Exemption 2948. A portion of the site is considered prime agricultural r land by the Important Farmlands of Weld County Map, dated 1979. However. Section 2002-1524 Resolution USR-1382 Veterinary Properties LLC Page 2 22-2-60.1.1 of the Weld County Comprehensive Plan 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 4 acres of the site and the remainder will be utilized to grow hay. g. Section 23-2-220.A.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 health, safety, and welfare of the inhabitants of the neighborhood and County. 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 Commissions' 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) The attached Development Standards. (Department of Planning Services) 2) The plat shall be labeled Use by Special Review, USR-1382 (Department of Planning Services) 3) Indicate a twenty-four(24)foot opening at the access point to Weld County Road 64. (Department of Public Works) 4) Nineteen (19) parking spaces, including spaces which adhere to 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. (Department of Planning Services, Department of Public Works) 5) The internal circulation shall be clearly indicated on the plat for trucks pulling trailers. (Department of Public Works) 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: (Department of Public Health and Environment) 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). C. All signage shall be indicated by location and size and shall adhere to Section 23-4- 100.C of the Weld County Code. (Department of Planning Services) D. The applicant shall submit and have approved a landscape, screening, signage, parking and lighting plan. (Department of Planning Services) E. The applicant shall contact the Weld County Sheriff's Office to discuss safety and Resolution USR-1382 Veterinary Properties LLC Page 3 security issues as stated in the referral response received April 10, 2002. (Department of Planning Services) F. 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. (Department of Planning Services) G. 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. (Department of Planning Services, Department of Public Works) H. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. (Department of Planning Services) The applicant shall enter into a 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. (Department of Planning Services) J. 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. (Department of Building Inspection) 2. Prior to issuance of a Certificate of Occupancy: (Department of Public Health and Environment) 1) An individual sewage disposal system is required for the proposed facility and shall be installed according to the Weld County Individual Sewage Disposal Regulations. 2) The septic system is required to be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. 3. Prior to operation: 1) A stop sign shall be placed at the appropriate location prior to entering on to Weld County Road 64. (Department of Public Works) 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. (Eaton Fire Protection District, Department of Planning Services) 5. Upon completion of 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 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 thirty (30) 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) 6. The Department of Planning Services respectively requests the surveyor provide a digital copy of this Recorded Exemption/Subdivision Exemption/Use by Special Review/. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Resolution USR-1382 Veterinary Properties LLC Page 4 Arclnfo Coverages and ArcInfo 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. (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) r-- SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS VETERINARY PROPERTIES LLC USR-1382 1. The Site Specific Development Plan and Special Use Permit 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. (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 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 Special Use Permit in order to address requirements including but not limited to, boarding, kennel location, and conformance with the Pet Animal Care and Facilities Act. (Department of Planning Services) 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. (Department of Planning Services) 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. (Department of Planning Services) r 6. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 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. (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, blowing debris, and other potential nuisance conditions. (Department of Public Health and Environment) 9. Fugitive dust shall be controlled on this site. (Department of Public Health and Environment) 10. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone District as delineated in 25-12-103, C.R.S. (Department of Public Health and Environment) 11. Adequate hand washing and toilet facilities shall be provided for employees and patrons of the facility. (Department of Public Health and Environment) 12. 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) 13. All chemicals must be stored and handled in a safe manner in accordance with product labeling. (Department of Public Health and Environment) 14. The facility shall utilize the existing public water supply ( North Weld County Water District). (Department of Public Health and Environment) Resolution USR-1382 Veterinary Properties LLC Page 2 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. (Department of Public Health and Environment) 16. The applicant shall operate in accordance with the approved "waste handling plan". (Department of Public Health and Environment) 17. No parking or staging of vehicles shall be allowed on Weld County Road 64("O"Street). Utilize on- site parking areas. (Department of Public Works) 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. (Department of Public Works) 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. (Department of Public Works) 20. Parking lots shall conform to all standards of the American with Disabilities Act requirements. (Department of Public Works) 21. The landscaping on site shall be maintained in accordance with the approved landscape plan. (Department of Planning Services) 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 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. 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. Resolution USR-1382 Veterinary Properties LLC Page 3 Motion seconded by Stephan Mokray. VOTE: For Passage Against Passage Michael Miller Bryant Gimlin Cristie Nicklas Cathy Clamp Stephan Mokray John Folsom 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, Voneen Macklin, 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 May 21, 2002. Dated the 21st of May, 2002. Voneen Macklin Secretary r Hello