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RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
#1196 FOR A VETERINARY CLINIC IN THE A (AGRICULTURAL) ZONE DISTRICT -
MARK AND JANESE POWELL
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 16th day
of September, 1998, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Mark and Janese Powell, 25505 Weld County Road 53, Kersey,
Colorado 80644, for a Site Specific Development Plan and Special Review Permit#1196 for a
Veterinary Clinic in the A (Agricultural) Zone District on the following described real estate, to-wit:
Lot B of RE#795; part of the NEY of Section 29, Township 5
North, Range 64 West of the 6th P.M., Weld County, Colorado
WHEREAS, said applicant was represented by George Ottenhoff at said hearing, and
WHEREAS, Section 24.4.2 of the Weld County Zoning Ordinance provides standards for
review of said 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 24.7 of the Weld County Zoning Ordinance.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 24.4.2 of the Weld County Zoning Ordinance as
follows:
a. Section 24.4.2.1 -- This proposal is consistent with the Weld County
Comprehensive Plan, as amended. Agriculture Goal 2 allows commercial
uses which are directly related to agriculture to locate within Agricultural
zoning when the impact on surrounding properties is minimal and where
adequate infrastructure is available. The proposed Veterinary Clinic will
serve the surrounding agricultural community and the facility will be served
by public water and the existing septic system. Additionally, Urban
Growth Boundary (UGB) Goal and Policy#2 encourages the
concentration of urban development in or adjacent to existing
municipalities. The proposed use is located within the Town of Kersey's
UGB as defined by the Weld County Comprehensive Plan. Agriculture
Goal #1 also encourages the preservation of prime farmland for
agricultural purposes. The suitability of the soils on this 30-acre site are
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SPECIAL REVIEW PERMIT#1196 - MARK AND JANESE POWELL
PAGE 2
classified as "not prime" farmland by the USDA Soil Conservation Service.
No prime farm ground will be taken out of production.
b. Section 24.4.2.2 -- This proposal is consistent with the intent of the
A (Agricultural) Zone District. Section 31.4.2 includes veterinary clinics or
hospitals as a Use by Special Review in the A (Agricultural) Zone District.
Additionally, Section 31.4.8 provides for kennels, subject to the additional
requirements of Section 45.6, as a Use by Special Review in the
A (Agricultural) Zone District. The additional requirements contained in
Section 45.6 are addressed by the attached Conditions of Approval and
Development Standards.
c. Section 24.4.2.3 -- The proposal is consistent with Section 24.3.1.3 of the
Weld County Zoning Ordinance, as amended, and will be compatible with
future development of the surrounding area. The proposal is compatible
with surrounding land uses which include agricultural production to the
north and west and large acreages to the east and south.
d. Section 24.4.2.4 -- The proposed uses will be compatible with future
development of the surrounding area as permitted by the A (Agricultural)
Zone District and with the future development as projected by the
Comprehensive Plan or Master Plan of affected municipalities. The Town
of Kersey reviewed this proposal and determined that there are no
conflicts with the Kersey Comprehensive Plan.
e. Section 24.4.2.5 -- The proposal is not located within the Overlay District
Areas identified by maps officially adopted by Weld County.
f. Section 24.4.21.7 --The Design Standards (Section 24.5 of the Weld
County Zoning Ordinance, as amended), Operation Standards (Section
24.6 of the Weld County Zoning Ordinance, as amended), 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 Mark and Janese Powell for a Site Specific
Development Plan and Special Review Permit#1196 for a Veterinary Clinic in the
A (Agricultural) Zone District on the hereinabove described parcel of land be, and hereby is,
granted subject to the following conditions:
1. The attached Development Standards for the Special Review Permit shall be
adopted and placed on the Special Review Plat prior to recording the plat. The
completed plat shall be delivered to the Department of Planning Services and be
ready for recording in the Weld County Clerk and Recorder's Office within 30
days of approval by the Board of County Commissioners.
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SPECIAL REVIEW PERMIT#1196 - MARK AND JANESE POWELL
PAGE 3
2. Prior to recording the plat:
A. The following notes shall be placed on the plat:
1) All proposed or existing structures will or do meet the minimum
setback and offset requirements for the A (Agricultural) Zone
District.
B. The applicant shall submit a parking plan to the Department of Planning
Services for review and approval. The parking plan shall be made in
accordance with Section 41 of the Weld County Zoning Ordinance.
C. The applicant shall submit a landscaping plan to the Department of
Planning Services for review and approval. The landscaping plan shall
indicate location and species of all plant materials, planting
implementation schedule and landscape maintenance plan.
3. Any proposed signage shall require appropriate building permits and be
constructed in accordance with Section 42.2 of the Weld County Zoning
Ordinance.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 16th day of September, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
WE COUNTY, COLORADO/
ATTEST:
O Consta ce L. Har ert, Chair
Weld County Clerk to a : v
�F A J� tadilkid
`co)5�� W. H. W bster, Pro- em
BY: etr
Deputy Clerk to' j`
kj/ orge . Baxter
A OVED TO FORM:
Da . Hall •
C y Att
Barbara J. Kirkmeyer
981730
PL1266
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
MARK AND JANESE POWELL
USR#1196
1. The Site Specific Development Plan and Special Review Permit#11196 is for a
Veterinary Clinic in the A (Agricultural) Zone District as submitted in the application
materials on file in the Department of Planning Services and subject to the Development
Standards stated hereon. Approval of this plan may create a vested property right
pursuant to Section 90 of the Weld County Zoning Ordinance, as amended.
2. All liquid and solid wastes shall be stored and removed for the final deposit in a manner
that protects against surface and groundwater contamination.
3. No permanent disposal of wastes shall be permitted at this site.
4. Waste materials shall be handled, stored, and deposited in a manner that controls
fugitive dust, blowing debris, and other potential nuisance conditions.
5. Fugitive dust shall be controlled on this site.
6. The maximum permissible noise level shall not exceed the residential limit of 55 db(A) as
measured according to Section 25-12-102, C.R.S., as amended.
7. Adequate toilet facilities shall be provided for the public and employees.
8. The facility shall utilize the existing public water supply.
9. In the event the facility boards animals, the facility shall receive and maintain a permit from
and comply with the United States Department of Agriculture rules and regulations pertaining
to the administration and enforcement of the Pet Animal Care and Facilities Act.
10. The septic system shall be reviewed by a Colorado Registered Professional Engineer. The
review shall consist of an observation of the system and a technical review describing the
system's ability to handle the proposed hydraulic load. The review shall be submitted to the
Environmental Protection Service Division of the Weld County Health Department. In the
event the system is found to be inadequately sized or constructed, the system shall be
brought into compliance within the current I.S.D.S. Regulations.
11. In the event an addition is added to the existing house and the hydraulic load is increased
to the existing septic system, the septic system shall be reviewed by a Colorado Registered
Professional Engineer. The review shall consist of an observation of the system and a
technical review describing the system's ability to handle the proposed hydraulic load. The
review shall be submitted to the Environmental Protection Service Division of the Weld
County Health Department. In the event the system is found to be inadequately sized or
constructed the system shall be brought into compliance within the current I.S.D.S.
Regulations.
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DEVELOPMENT STANDARDS - MARK AND JANESE POWELL (USR#1196)
PAGE 2
12. A Weld County Septic Permit is required for any proposed septic system and is required to
be designed by a Colorado Registered Professional Engineer according to Weld County
I.S.D.S. Regulations.
13. Animal and food 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 hauled by a commercial hauler.
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PL1266
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