HomeMy WebLinkAbout20193982.tiffHEARING CERTIFICATION
DOCKET NO. 2019-108.A
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR19-0035, FOR AGRICULTURAL SERVICE ESTABLISHMENTS PRIMARILY
ENGAGED IN PERFORMING AGRICULTURAL, ANIMAL HUSBANDRY OR
HORTICULTURAL SERVICES ON A FEE OR CONTRACT BASIS, INCLUDING:
VETERINARY CLINICS OR HOSPITALS AND AN ADDITIONAL BUILDING MOUNTED
SIGN IN THE A (AGRICULTURAL) ZONE DISTRICT - DVM BURROS, LLC
A public hearing was conducted on September 4, 2019, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Mike Freeman, Pro-Tem
Commissioner Sean P. Conway - EXCUSED
Commissioner Scott K. James
Commissioner Steve Moreno
Also present:
Acting Clerk to the Board, Jessica Reid
Assistant County Attorney, Bob Choate
Planning Services Department representative, Diana Aungst
Public Works Department representative, Evan Pinkham
Health Department representative, Lauren Light
The following business was transacted:
ra I hereby certify that pursuant to a notice dated August 2, 2019, and duly published
August 7, 2019, in the Greeley Tribune, a public hearing was conducted to consider the request
of DVM Burros, LLC, for a Site Specific Development Plan and Use by Special Review Permit,
USR19-0035, for agricultural service establishments primarily engaged in performing agricultural,
animal husbandry or horticultural services on a fee or contract basis, including: Veterinary Clinics
or hospitals and an additional building mounted sign in the A (Agricultural) Zone District. Bob
Choate, Assistant County Attorney, made this a matter of record.
Chair Kirkmeyer reviewed for the applicant and the public, the procedures to follow should
this case result in a tie vote due to four (4) Commissioners being present and
Commissioner Conway excused.
IR Diana Aungst, Department of Planning Services, presented a brief summary of the proposal,
and stated 16 referrals were sent out and 10 referral agencies responded. She provided the
number of employees and hours of operation, details about parking, and indicated the business
rescues farm animals, primarily burros. She explained the screening and landscaping and
provided the measurements of the building -mounted sign. She stated the site is located on Lot 5
of the Bohrer Planned Unit Development (PUD), explained the uses of the surrounding PUD lots,
and noted the applicant is proposing to use an existing oil and gas access permitted under
AP13-00165. She mentioned the Department of Public Works (PW), in their review, stated the
access shall be off of Sandra Jeans Way (internal roadway), provided the distances to the nearest
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residences, and outlined surrounding uses. She indicated the applicant had contacted four (4)
occupants of the PUD, and two (2) were in support and two (2) had concerns or were opposed
because of the access off of the internal roadway, noise, and the Surface Use Agreement in place
with Crestone Peak Resources for future oil and gas development on the eastern part of the
property. She stated the Department of Planning Services received correspondence from
surrounding property owners (SPO) who were opposed to the application. She mentioned the site
is within the three (3) mile referral areas of the Towns of Firestone and Mead, the Cities of
Longmont and Broomfield, and within the Cooperative Planning Area (CPA) of the Town of
Firestone who expressed they had no annexation interest. She entered the favorable
recommendation of the Planning Commission into the record, as written, and displayed images
of site and surrounding views.
Evan Pinkham, Department of Public Works, provided a brief overview of the transportation
plans and requirements and cited Weld County Code, which explains, since the site is in a PUD,
the access is required to be off of the internal roadway. He provided the traffic counts and average
speed for County Road (CR) 1, noted a traffic narrative was submitted with the application, and
stated PW is requiring tracking control and an Improvements and Road Maintenance Agreement.
He presented the drainage and grading requirements and in response to Chair Kirkmeyer, he
repeated the traffic counts and average speed on CR 1.
e Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions, stating water will be provided by the Longs Peak Water District and sewage disposal
will be an engineer -designed septic system. She indicated noise is restricted to the
Commercial Zone level, and Development Standards (DS) #16-25 address Environmental
Health (EH) items.
Sheri Lockman, Lockman Land Consulting, represented the applicant and stated the clinic
is currently run out of a different location, indicated they are hoping to utilize the existing oil and
gas access and confirmed the applicant had contacted all of the residents in the PUD. She
explained the biggest concern of the SPO was the use of the access off of Sandra Jeans Way
and the large oil and gas facility on the property. She provided the hours of operation, explained
animals sometimes have to stay overnight, and noted dogs are not kenneled on the site, but
brought outside one at a time. She described the proposed lighting, noted having a burro rescue
is a Use by Right, described the proposed tracking control, and expressed they had tried to
address the SPO concerns. In response to Commissioner Moreno, Ms. Lockman repeated the
hours of operation, and in response to Commissioner James, she confirmed who owned the oil
and gas facility and clarified the terms of the Surface Use Agreement. In response to
Commissioner James, Chair Kirkmeyer explained the PUD zoning, Ms. Lockman confirmed the
applicant owns all of Lot 5, and Mr. Pinkham confirmed the oil and gas access does not meet the
Code's spacing requirements.
El Eric Johnson, SPO, expressed concerns with increased traffic, the size of the proposed
building, a commercial application in a residential subdivision, and the number of burros allowed
on an approximately 20 -acre site. In response to Commissioner Moreno, he indicated he had lived
in the PUD since February but purchased the home from a family member who had lived there
for 60 years.
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la Sean Drieth, SPO, explained how long he had lived in the Bohrer PUD and expressed
concerns with increased traffic. He stated he is in support of agriculture but is concerned about
the proposed commercial building and the burro rescue.
la Chair Kirkmeyer clarified the burro operation is a Use by Right with the agricultural zoning of
the lot and confirmed the Board is not reviewing a Change of Zone with the application.
Ms. Lockman addressed the issue of traffic and stated the traffic engineer did not have
concerns with, or make any recommendations for, the spacing of the oil and gas access and
stated there is adequate site distance. She explained the applicants do not have any intent of
putting the maximum number of burros allowed on the site.
In response to Chair Kirkmeyer, Ms. Aungst explained that within the PUD there are four (4)
lots with E (Estate) Zone uses, and one (1) lot with A (Agricultural) Zone uses. Chair Kirkmeyer
stated one of the regulations of PUD zoning is all lots have to access off of the internal roadway,
and there are no provisions to allow for the use of a different access. Mr. Choate cited Weld
County Code Section 27-2-20 and stated the provision reads that each lot must have access to
the internal roadway; however, it does not require that they use it exclusively. Commissioner
Freeman argued it made sense to use the existing oil and gas access, as it is safer, and Chair
Kirkmeyer reiterated her understanding of the PUD zoning requirement in the Code. In response
to Commissioner Freeman, Mr. Pinkham confirmed the internal roadway access does not meet
the spacing requirements either, and in response to Commissioner James, Ms. Aungst confirmed
Lot 5 is zoned PUD with A (Agricultural) uses and cited Code about a PUD relating to a Use by
Special Review (USR).
la Tom Parko, Director of Planning Services, clarified the PUD has both E (Estate) and A
(Agricultural) uses and stated there is nothing in the Code that prohibits a USR to locate in a
subdivision with agricultural uses. In response to Commissioner James, Mr. Pinkham stated the
internal roadway is categorized as a privately maintained subdivision road and there are no traffic
counts recorded on such roads. In response to Chair Kirkmeyer, Mr. Parko indicated he could
research and find the original intent of the PUD.
e In response to Chair Kirkmeyer's question about the applicant's willingness to apply to amend
the PUD, Ms. Lockman questioned the precedence set by the Board when they allowed the oil
and gas facility on Lot 5 to use the access off of CR 1 but will not allow the applicant to use it.
Chair Kirkmeyer reiterated the Code requirement as it applies to lots in a PUD, and after further
discussion about the oil and gas access, Ms. Lockman requested a continuance to allow the
applicant adequate time to discuss amending the PUD with the Planning Staff.
Following discussion about a continuance date, the applicant and the Board agreed on
October 16, 2019, at 10:00 a.m.
El Commissioner James moved to approve the continuance request of DVM Burros, LLC, for a
Site Specific Development Plan and Use by Special Review Permit, USR19-0035, for agricultural
service establishments primarily engaged in performing agricultural, animal husbandry or
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horticultural services on a fee or contract basis, including: Veterinary Clinics or hospitals and an
additional building mounted sign in the A (Agricultural) Zone District, and set the hearing for
October 16, 2019, at 10:00 a.m., to allow the applicant adequate time to discuss amending the
PUD with the Planning Staff. The motion was seconded by Commissioner Moreno, and Chair
Kirkmeyer explained there will be an opportunity for additional public comment at the continuance
hearing. The motion carried unanimously and there being no further discussion, the hearing was
completed at 11:27 a.m.
This Certification was approved on the 9th day of September, 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
•
ATTEST: j;o,
Weld County Clerk to the Board
BY:
eputy Clerk to the Board
Barbara Kirkmey
Mike Freeman, Pro -Tern
EXCUSED
Steve Moreno
2019-3982
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