HomeMy WebLinkAbout20050209.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1490 FOR A VETERINARY HOSPITAL IN THE A (AGRICULTURAL)ZONE
DISTRICT - ROGER AND ALICE MONROE / KEVIN AND SUSAN VENDEGNA, C/O
NICOLE TREVETHICK
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
January, 2005, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing
the application of Roger and Alice Monroe, 1879 Weld County Road 32,Longmont,Colorado 80504,
and Kevin and Susan Vendegna, 1975 Weld County Road 32, Longmont,Colorado 80504,for a Site
Specific Development Plan and Use by Special Review Permit#1490 for a Veterinary Hospital in
the A (Agricultural) Zone District on the following described real estate, to-wit:
Lot B of Recorded Exemption#1930;being part of the
SE1/4 of Section 17, Township 3 North, Range 68
West of the 6th P.M., Weld County, Colorado
WHEREAS, said applicant was represented by Nicole Trevethick, 1879 Weld County
Road 32, Longmont, Colorado 80504, 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.D (A.Goal 4) states, "Conversion of agricultural land to
nonurban residential,commercial,and industrial uses will be accommodated
when the subject site is within an area that can support such development."
b. Section 23-2-230.B.2--The proposed use is consistent with the intent of the
A(Agricultural)Zone District. Section 23-3-40.8.5 of the Weld County Code
provides for veterinary clinics or hospitals as a Use by Special Review in the
A (Agricultural) Zone District.
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SPECIAL REVIEW PERMIT#1490 - MONROE /VENDEGNA, CIO NICOLE TREVETHICK
PAGE 2
c. Section 23-2-230.6.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. There are two single family
residences to the east of the site; crop land is located to the south; a water
treatment facility and cropland are located to the west;and crop land and an
existing livestock confinement operation approved for 900 head of cattle
(USR-686)are located to the north of the site. The Conditions of Approval
and Development Standards will ensure that the proposed use is compatible
with the existing 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. The site is
not located within an urban growth boundary,however,it is located within the
three-mile referral area for the Town of Mead. The Town of Mead, in its
referral response received September 30, 2004, indicates that it wants the
applicant to petition the Town of Mead for annexation. The applicants are not
obligated to annex to the Town of Mead as they are outside of Mead's existing
urban growth area.
e. Section 23-2-230.B.5 -- The site does not lie within any Overlay Districts.
Effective January 1,2003, Building Permits issued on the proposed lots will
be required to adhere to the fee structure of the County-Wide Road Impact
Program.
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 site is located on land that is designated as "prime" per the 1979
U.S.D.A. Prime Farmlands Map of Weld County. However, the facility will
only cover two (2) acres of the existing 24-acre parcel.
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 Roger and Alice Monroe and Kevin and Susan Vendegna,
do Nicole Trevethick, for a Site Specific Development Plan and Use by Special Review Permit
#1490 for a Veterinary Hospital 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. All sheets of the plat shall be labeled USR-1490.
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SPECIAL REVIEW PERMIT#1490 - MONROE /VENDEGNA, CIO NICOLE TREVETHICK
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B. The applicant shall submit a Dust Abatement Plan for review and approval
to the Weld County Department of Public Health and Environment. Evidence
of Health Department approval shall be submitted to the Department of
Planning Services.
C. The Department of Public Health and Environment was unable to locate a
septic permit for the existing residence. Any septic system which is not
currently permitted through the Weld County Department of Public Health
and Environment will require an I.S.D.S. evaluation prior to the issuance of
the required septic permit(s). In the event the system(s) is found to be
inadequate, the system(s) must be brought into compliance with current
I.S.D.S. Regulations. Evidence of Health Department approval shall be
submitted to the Department of Planning Services.
D. The applicant shall submit a Manure and Waste Handling Plan,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 this site(this
should include expected volumes and types of waste generated).
2) A list of the type and volume of chemicals 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.
Evidence of Health Department approval shall be submitted to the
Department of Planning Services.
E. The applicant shall attempt to address the requirements of the Town of Mead
as stated in its referral dated September 28,2004. Written evidence of such
shall be submitted to the Department of Planning Services.
F. There are currently two residences located on the property. The applicant
shall either:
1) Submit a Nonconforming Use application for one of the residences
on the property for review and approval by the Department of
Planning Services.
OR
2) Submit a Recorded Exemption application that will create a separate
legal parcel for each residence that is located on the property.
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SPECIAL REVIEW PERMIT#1490 - MONROE /VENDEGNA, C/O NICOLE TREVETHICK
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G. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) The applicant shall identify a parking plan on the plat. The applicant
shall provide a minimum of ten (10)parking spaces (one space per
250 square feet of gross floor area) in addition to one (1) parking
space per every two (2) employees.
3) Weld County Road 32 is designated on the Weld County Road
Classification as a local gravel road, which requires 60 feet of
right-of-way at full build out. There is presently 60 feet of
right-of-way. A total of 30 feet from the centerline of Weld County
Road 32 shall be indicated on the plat.
4) The approved Landscape Plan.
H. The applicant shall submit a Landscape Plan for review and approval by the
Department of Planning Services. The Landscape Plan shall address
screening of the parking area from adjacent residences to the east of the
site.
The applicant shall complete all proposed improvements regarding access,
parking lot requirements, and landscaping to the satisfaction of the
Departments of Public Works and Planning Services, or enter into an
Improvements Agreement According to Policy Regarding Collateral for
Improvements and post adequate collateral for all required materials. 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.
J. The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
2. 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.
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SPECIAL REVIEW PERMIT#1490 - MONROE /VENDEGNA, CIO NICOLE TREVETHICK
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3. 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.
4. Prior to Release of Building Permit:
A. A Building Permit shall be obtained prior to the construction of any new
building.
B. A plan review is required for each building for which a Building Permit is
required. Plans shall include a floor plan and are required to bear the wet
stamp of a Colorado registered architect or engineer.
C. Buildings 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: 2003 International Building Code; 2003 International
Mechanical Code;2003 International Plumbing Code;2003 International Fuel
Gas Code; the 2002 National Electrical Code, and Chapter 29 of the Weld
County Code.
D. Building height shall be measured in accordance with the 2003 International
Building Code for the purpose of determining the maximum building size and
height for various uses and types of construction and determine compliance
with the Bulk Requirements from Chapter 23 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 from the offset and setback
requirements. Offset and setback requirements are measured to the
farthest projection from the building.
E. Building classification, fire resistance of walls and openings, construction
requirements, maximum building height, and allowable areas will be
reviewed at the plan review. Setback and offset distances shall be
determined by Chapter 23 of the Weld County Code.
F. The applicant shall attempt to address the requirements of the Mountain View
Fire Protection District as stated in its referral dated September 28, 2004.
5. Prior to Certificate of Occupancy:
A. An individual sewage disposal system is required for the proposed Veterinary
Hospital and shall be installed according to the Weld County Individual
Sewage Disposal System (I.S.D.S.) Regulations.
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B. The septic system is required to be designed by a Colorado registered
engineer according to the Weld County I.S.D.S. Regulations.
C. A final inspection of the occupancy will be required by a member of the
Mountain View Fire Protection District.
6. 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 19th day of January, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
a
WELD COUNTY, COLORADO
E1�
sai rs` /�"(/�(�% j William H. Je , Chair
.AN d Clerk to the Board
°jlny,;u; ,/&n1
Pro-Tern--21-BY:—
Deputy Clerk to the Board
D75,..,Long 1
RO AS TO i_ UPS`/)
Robe D�,,D,�.. Masdenn
unty Attor � � `G'A `i/ai -ei
Glenn Vaad
Date of signature:
2005-0209
PL1759
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ROGER AND ALICE MONROE AND
KEVIN AND SUSAN VENDEGNA
C/O NICOLE TREVETHICK
USR#1490
1. The Site Specific Development Plan and Use by Special Review Permit #1490 is for a
Veterinary Hospital 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. 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.
4. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust,fugitive particulate emissions,blowing debris,and other potential nuisance conditions.
5. 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.
6. The facility shall adhere to the maximum permissible noise levels allowed in the Residential
Zone District as delineated in Section 25-12-103, C.R.S.
7. Any septic system located on the property must comply with all provisions of the Weld
County Code pertaining to Individual Sewage Disposal Systems.
8. 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.
9. The facility shall utilize the existing public water supply (Little Thompson Water District).
10. If applicable,the applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
11. The applicant shall operate in accordance with the approved Waste Handling Plan.
12. Animal and feed wastes, bedding,debris and other organic wastes shall be disposed of so
that vermin infestation, odors, disease hazards, and nuisances are minimized. Such
wastes shall be removed at least weekly from the facility and disposed by a commercial
hauler.
13. 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.
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DEVELOPMENT STANDARDS-MONROENENDEGNA,C/O NICOLE TREVETHICK(USR#1490)
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14. Adequate hand washing and toilet facilities shall be provided for employees and patrons of
the facility.
15. The operation shall comply with all applicable rules and regulations of State and Federal
agencies and the Weld County Code.
16. The access to the property should be at least 24 feet in width to accommodate two-way
traffic with adequate turning radii onto Weld County Road 32.
17. The off-street parking,including the access drive,shall be surfaced with gravel,asphalt,or
concrete, and shall be graded to prevent drainage problems.
18. Each parking space shall be equipped with wheel guards,where needed,to prevent vehicles
from extending beyond the boundaries of this space and from coming into contact with other
vehicles, walls, fences, sidewalks, or plantings.
19. There shall be no staging or parking on Weld County Road 32.
20. If the facility is to be gated or closed at night,the gate shall be set back from the right-of-way
to allow a vehicle to pull off Weld County Road 32 to open the gate.
21. The historical flow patterns and run-off amounts will be maintained on the site in such a
manner that will reasonably preserve the natural character of the area and prevent property
damage of the type generally attributed to run-off rate and velocity increases, diversions,
concentration, and/or unplanned ponding of storm run-off.
22. A Building Permit shall be obtained prior to the construction of any new building.
23. A plan review is required for each building for which a Building Permit is required. Plans
shall include a floor plan and are required to bear the wet stamp of a Colorado registered
architect or engineer.
24. Buildings 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: 2003
International Building Code;2003 International Mechanical Code;2003 International Plumbing
Code;2003 International Fuel Gas Code;the 2002 National Electrical Code,and Chapter29
of the Weld County Code.
25. Building height shall be measured in accordance with the 2003 International Building Code
for the purpose of determining the maximum building size and height for various uses and
types of construction and determine compliance with the Bulk Requirements from
Chapter 23 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 from the offset and
setback requirements. Offset and setback requirements are measured to the farthest
projection from the building.
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26. Hours of operation shall be Monday, Thursday, and Friday from 7:30 a.m. to 5:30 p.m.;
Tuesday from 10:00 a.m.to 7:00 p.m.;and Saturday from 8:00 a.m.to 12:00 p.m.,as stated
in the application materials.
27. The facility shall have a maximum of ten (10) employees as stated in the application
materials.
28. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the County-Wide Road Impact Program.
29. The landscaping on the site shall be maintained in accordance with the approved Landscape
Plan.
30. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
31. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
32. Personnel from the Weld County Government 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.
33. 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.
34. 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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