HomeMy WebLinkAbout981860.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Arlan Marrs that the following resolution be introduced for passage by the Weld County Planning
Commission, along with the deletion of Condition of Approval #2D. Be it resolved by the Weld County
Planning Commission that the application for:
CASE NUMBER: USR-1196
APPLICANT: Mark and Janese Powell
ADDRESS: 25505 Weld County Road 53, Kersey, CO 80644
PLANNER: Ben Patton
REQUEST: A Site Specific Development Plan and a Special Review Permit for a Veterinary Clinic ib the
A (Agricultural)zone district
LEGAL DESCRIPTION: Lot B of RE-795; part of the NE 1/4 of Section 29, Township 5 North, Range 64
West of the 6th P.M., Weld County to, Colorado.
LOCATION: Approximately 1 mile south of Kersey and approximately 1/4 mile west of Weld County Road
53.
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 24.7 of the
Weld County Zoning Ordinance, as amended.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section
24.3 of the Weld County Zoning Ordinance, as amended, as follows:
a. Section 24.3.1.1 --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 classified as"not prime" farmland by the USDA Soil Conservation Service.
No prime farm ground will be taken out of production.
b. Section 24.3.1.2 -- This proposal is consistent with the intent of the A (Agricultural) zone
district. Section 31.4.2 included veterinary clinics or hospitals as a Use by Special Review
in the A 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 zone district.
The additional requirements contained in Section 45.6 are addressed by the attached
Conditions of Approval and Development Standards.
981860
EXHIBIT
+asQti(9L
RESOLUTION, USR-1196
Mark Powell
Page 2
c. Section 24.3.1.3 -- 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 24.3.1.4 -- The proposed uses will be compatible with future development of the
surrounding area as permitted by the A (Agricultural) zone districts 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 were
no conflicts with the Kersey Comprehensive Plan.
e. Section 24.3.1.5--The proposal is not located within the Overlay District Areas identified by
maps officially adopted by Weld County.
f. Section 24.3.1.7—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 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. 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.
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 Agricultural zone district (Dept. Of Planning Services).
2) Any future construction on site shall require an amendment to the Use by
Special Review(Dept. Of Planning Services).
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(Dept. Of Planning Services).
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 (Dept. Of
Planning Services).
(l
RESOLUTION, USR-1196
Mark Powell
Page 3
3. Any proposed signage shall require appropriate building permits and be constructed in accordance
with Section 42.2 of the Weld County Zoning Ordinance (Dept. Of Planning Services).
Motion seconded by Glenn Vaad.
VOTE:
For Passage Against Passage
Glenn Vaad
Arlan Marrs
Fred Walker
Stephan Mokray
Marie Koolstra
Bruce Fitzgerald
Michael Miller
The Chairman declared the resolution passed and ordered that a certified copy be forwarded with the file of
this case to the Board of County Commissioner for further proceedings.
CERTIFICATION OF COPY
I, Wendi Inloes, 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 August 4, 1998.
Dated the 4th of August, 1998.
Wendi Inloes
Secretary
C
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
USR-1196
1. All liquid and solid wastes shall be stored and removed for the final deposit in a manner that
protects against surface and groundwater contamination.
2. No permanent disposal of wastes shall be permitted at this site.
3. Waste materials shall be handled, stored, and deposited in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
4. Fugitive dust shall be controlled on this site.
5. The maximum permissible noise level shall not exceed the residential limit of 55 db(A) as
measured according to 25-12-102, Colorado Revised Statutes.
6. Adequate toilet facilities shall be provided for the public and employees.
7. The facility shall utilize the existing public water supply.
8. 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.
9. 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.
10. 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.
11. 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.
12. 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, or more frequently, from the facility and hauled by a commercial hauler.
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