HomeMy WebLinkAbout20193892.tiffPlanner:
Case Number:
Applicant:
Representative:
Request:
Legal
Description:
Diana Aungst
USR19-0035
DVM Burros, LLC dba Cambridge Animal Hospital do Natalie Malherbe
Lockman Land Consulting, LLC c/o Sheri Lockman
A Site Specific Development Plan and Use by Special Review Permit 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 a building mounted sign in the A (Agricultural) Zone District
Lot 5 Bohrer Planned Unit Development (PUD), Part of the S2 NW4 Section 19, T3N,
R68W of the 61h P.M., Weld County, CO
Location: East of and adjacent to CR 1 and approximately one -tenth of a mile north of Henson
Drive
+/- 19.71 acres Parcel No. 1207-19-0-01-005
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
Size of Parcel:
LAND USE APPLICATION
SUMMARY SHEET
Hearing Date: August 20, 2019
➢ Mountain View Fire Rescue, referral dated May 28, 2019
Colorado Division of Water Resources, referral dated May 17, 2019
Weld County Department of Public Works, referral dated June 13, 2019
Weld County Department of Public Health and Environment, referral dated June 11, 2019
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
Town of Mead, referral dated May 14, 2019
Weld County Sheriff's Office, referral dated May 31, 2019
City of Longmont, referral dated referral dated June 4, 2019
Town of Firestone, referral dated referral dated May 15, 2019
Weld County Zoning Compliance, referral dated May 15, 2019
Saint Vrain Valley School District RE -1J, referral dated May 20, 2019
The Department of Planning Services' staff has not received responses from the following agencies:
Boulder County
Colorado Parks & Wildlife
USDA APHIS Vet Service
Longs Peak Water District
Longmont Conservation District
United States Department of Agriculture
USR19-0035 - Page 1 of 11
Planner:
Case Number:
Applicant:
Representative:
Request:
Legal
Description:
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Diana Aungst
USR19-0035
DVM Burros, LLC dba Cambridge Animal Hospital c/o Natalie Malherbe
Lockman Land Consulting, LLC c/o Sheri Lockman
Hearing Date: August 20, 2019
A Site Specific Development Plan and Use by Special Review Permit 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 a building mounted sign in the A (Agricultural) Zone District
Lot 5 Bohrer Planned Unit Development (PUD), Part of the S2 NW4 Section 19, T3N,
R68W of the 6'" P.M., Weld County, CO
Location: East of and adjacent to CR 1 and approximately one -tenth of a mile north of Henson
Drive
Size of Parcel:
Case Summary:
+1- 19.71 acres Parcel No. 1207-19-0-01-005
The applicant is requesting a Use by Special Review permit for an animal veterinary clinic, Cambridge
Animal Hospital. The clinic specializes in small household pets, primarily dogs and cats, with the occasional
farm animal. All animals are brought to the site in carriers or on leash. The application materials state that
there will be twelve (12) full-time employees with two shifts of 6 each. The hours of operation are proposed
to be 24 hours a day / 7 days a week. The parking area will consist of twenty-eight (28) parking stalls and
one (1) ADA parking stall.
DVM Burros LLC also accepts rescue farm animals occasionally. These will be pastured on the east side
of the property. The rescues are usually burros and number no more than 5. The number of rescue animals
will never exceed the numbers allowed or the type of farm animal permitted in the A (Agricultural) zone
district.
The eastern portion of the property will be fenced with a wire fence to contain the rescue animals. There
will be a privacy fence placed around the trash enclosure and a small area south of the clinic where dogs
will be taken one at a time on a leash as needed. The privacy fence will be extended east from the trash
enclosure to screen the north side of the east parking lot.
The applicant is proposing to add Austrian Pine trees along the southern boundary and some lilac bushes
around the parking area. The trees and bushes will aid in screening. The lilac bushes should screen the
parking lot from the surrounding properties and ensure that headlights will not shine on the County Road
or adjacent homes.
The applicant is also requesting a building mounted sign in addition to the free-standing sign. The building
mounted sign will be approximately 12 square feet in size and located above entry into the clinic.
The subject property is Lot 5 Bohrer Planned Unit Development (PUD). This PUD has both E (Estate) and
A (Agricultural) uses associated with it. Lots 1-4 have E (Estate) Zone Uses and Lot 5 has A (Agricultural)
Zone Uses. The agricultural zoning of Lot 5 allows for the applicant to apply for a USR as listed under 23-
3-40 of the Weld County Code.
USR19-0035 - Page 2 of 11
The applicant is requesting to use the existing oil and gas access from CR 1. Per the application materials
access permit #AP13-00165 was approved in 2014 for the existing oil and gas facility. In their review
comments dated June 13, 2019, the Department of Public Works stated that the access shall be via Sandra
Jeans Way. Sandra Jeans Way is the internal roadway terminating in a cul-de-sac.
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST 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 Department of Planning Services' staff 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 22-2-20.G.7 - A. Policy 7.2 states, "Conversion of agricultural land to nonurban
residential, commercial, and industrial uses should be accommodated when the subject site is
in an area that can support such development, and should attempt to be compatible with the
region."
According to the application materials dogs will not be housed outside so noise should be
minimal. The clinic has been designed to maintain the rural character consistent with the
surrounding area. The facility will be screened from CR 1 and the surrounding residences
using fencing and landscaping.
Section 22-2-20 - A. Goal 1 states, "Respect and encourage the continuation of agricultural land
uses and agricultural operations for purposes which enhance the economic health and
sustainability of agriculture."
The facility is a service industry for the care of small size animals and some larger farm animals
which enhances the economic health and sustainability of agriculture.
Section 22-2-100.A - C.Goal.1 states "Promote the location of commercial uses within
municipalities, County Urban Growth Boundary areas, Intergovernmental Agreement urban
growth areas, growth management areas as defined in municipal comprehensive plans, the
Regional Urbanization Areas, Urban Development Nodes or where adequate services are
currently available or reasonably obtainable."
The site is located within the Firestone and Mead Intergovernmental Agreement Area and
about one -quarter (1/4) mile west of Mead and one (1) mile north of Longmont.
Section 22-2-20. H - A. Goal 8. states, "Ensure that adequate services and facilities are currently
available or reasonably obtainable to accommodate the requested new land use change for
more intensive development."
The applicant has a will -serve letter from the Longs Peak Water District and is proposing a
commercial septic system. The applicant will also need to comply with the requirement of the
fire district, Mountain View Fire Rescue, referral dated May 28, 2019.
B. Section 23-2-220.A.2. -- The proposed use is consistent with the intent of the A (Agricultural)
Zone District.
Section 23-3-10 — Intent states, "The A (Agricultural) Zone District is also intended to provide
areas for the conduct of uses by Special Review which have been determined to be more
intense or to have a potentially greater impact than uses Allowed by Right. "This code section
allows the applicant to apply for a Use by Special Review permit for the subject business which
is more intense than Uses Allowed by Right.
USR19-0035 - Page 3 of 11
Section 23-3-40.B.5. — Uses by special review, of the Weld County Code states, "Agricultural
Service establishments primarily engaged in performing agricultural, animal husbandry or
horticultural services on a fee or contract basis, including: Veterinary clinics or hospitals." This
code section allows the applicant to apply for a USR for a veterinary clinic in the 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 adjacent lands consist of low and medium density residential and agricultural uses. There
are two residences within one -hundred (100) feet of the south property line. The closest
residence is about seventy (70) feet south of the site.
There are eight (8) Use by Special Review Permits issued within one mile of the site. MUSR14-
0028 for a dog kennel, USR-1061 for a 12" gas line, and USR15-0030 for a solar array all
located to the north of the site. USR12-0010 for a dental office, USR14-0040 for a kennel, USR-
1738 for a home business, and USR-1470 for a landscaping, vehicle and equipment
storage/repair all located to the south of the site. And USR-1421 for a single family dwelling
located to the east of the site. There are no USRs currently in the Bohrer PUD Subdivision.
Prior to the submittal of the USR to the Department of Planning Services the applicant
contacted the four (4) residents of the PUD and requested that they submit a letter of support
or objection for the USR packet. Two (2) of the four (4) residents supported this USR and two
(2) residents had concerns or opposed the USR. One letter stated that the use of Sandra Jeans
Way as an access to any commercial operation would be undesirable and opposed. There is
also a noise concern from any possibly kenneling. The applicant stated, per the letter, that
kenneling, day or overnight, would not be a use of the property. Other concerns were about
the surface use agreement with Crestone Peak regarding future oil and gas development on
the eastern part of the property. The Weld County Department of Planning Services sent notice
thirty (30) Surrounding Property Owners within 500 feet of the site. No additional
correspondence was received.
The proposed use is in an area that can support this development and the proposed
landscaping, fencing, Improvements Agreement, Conditions of Approval and the Development
Standards will assist in mitigating the impacts of the facility on the adjacent properties and
ensure compatibility with surrounding land uses and the region.
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.
The site is located within the three (3) mile referral area of the Town of Firestone, the City of
Longmont, and Town of Mead. All three (3) municipalities returned referrals stating no
concerns, dated January 23, February 13, and January 22, 2019 respectively.
The site is located in the Coordinated Planning Agreement (CPA) boundary of the Towns of
Firestone and Mead. As part of the pre -application process, both towns were notified of the
proposal by Planning staff and were provided Notice of Inquiry forms by the applicant. Both
municipalities submitted signed NOI forms, which stated no annexation interest.
The site is not located with a Regional Urbanization Area (RUA) or Urban Growth Boundary
(UGB).
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of the
Weld County Code.
USR19-0035 - Page 4 of 11
The property is not within the A -P (Airport) Overlay District, Geologic Hazard Overlay District,
a Special Flood Hazard Area or MS4 area.
Building Permits issued on the lot will be required to adhere to the fee structure of the County -
Wide Road Impact Fee Program, County Facility Fee and Drainage Impact Fee Programs.
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use.
Three and one-half (3.5) acres of the parcel on the western edge and one-half acre on the
eastern edge is located on soils designated as "Prime -Irrigated" per the 1979 Soil Conservation
Service Important Farmlands of Weld County Map. The remainder of the property is located on
soils designated as "Prime -if they become irrigated" per the 1979 Soil Conservation Service
Important Farmlands of Weld County Map. Due to the small size of the property and being
located in a developing area, it is not suitable for agricultural production. The subject property
is already platted for a PUD and not currently used for agricultural purposes. The USR will not
further remove any active farm ground from production.
G. Section 23-2-220.A.7 -- There is adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County.
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 can 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 Department of Planning Services' staff recommendation for approval is conditional upon the following:
1. Prior to recording the map:
A. The applicant shall address the requirements of Mountain View Fire Rescue regarding water
supply for fire protection, utility plans, building plans, and emergency access, as stated in the
referral response dated May 28, 2019. Evidence of such shall be submitted in writing to the
Weld County Department of Planning Services. (Department of Planning Services)
B. The applicant shall address the requirements of the Colorado Division of Water Resources
regarding stormwater management, as stated in the referral response dated May 17, 2019.
Evidence of such shall be submitted in writing to the Weld County Department of Planning
Services. (Department of Planning Services)
C. An Improvements and Road Maintenance Agreement is required for off -site improvements at
this location. Road maintenance includes, but is not limited to, dust control and damage repair
to specified haul routes. The Agreement shall include provisions addressing engineering
requirements, submission of collateral, and testing and approval of completed improvements.
(Department of Public Works)
D. A Final Drainage Report and Certification of Compliance stamped and signed by a Professional
Engineer registered in the State of Colorado is required. (Department of Public Works)
E. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR19-0035 (Department of Planning Services)
2) The attached Development Standards. (Department of Planning Services)
3) The map shall be prepared in accordance with Section 23-2-260.D of the Weld County
Code. (Department of Planning Services)
USR19-0035 - Page 5 of 11
4) Show and label existing and proposed landscaping. (Department of Planning Services)
5) Show and label the parking area. (Department of Planning Services)
6) Show and label the enclosed or screened trash collection areas. (Department of Planning
Services)
7) The facility sign shall adhere to the Sign Plan criteria as detailed in the application materials
and as stated in the Development Standards which the Board of County Commissioners
approved on September 4, 2019. All signs shall adhere to Chapter 23, Article IV, Division
2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of Planning
Services)
8) County Road 1 is a paved road and is designated on the Weld County Functional
Classification Map as a collector road which requires 80 feet of right-of-way at full buildout.
The applicant shall delineate and label on the site map or plat the future and existing right-
of-way (along with the documents creating the existing right-of-way) and the physical
location of the road. All setbacks shall be measured from the edge of right-of-way. This
road is maintained by Weld County. (Department of Public Works)
9) Show and label the approved access locations, approved access width and the appropriate
turning radii (60') on the site plan. The applicant must obtain an access permit in the
approved location(s) prior to construction. (Department of Public Works)
10) Show and label the approved tracking control on the site plan. (Department of Public
Works)
11) Show and label the entrance gate if applicable. An access approach that is gated shall be
designed so that the longest vehicle (including trailers) using the access can completely
clear the traveled way when the gate is closed. In no event, shall the distance from the
gate to the edge of the traveled surface be less than 35 feet. (Department of Public Works)
12) Show and label the accepted drainage features. Stormwater ponds should be labeled as
"Stormwater Detention, No -Build or Storage Area" and shall include the calculated volume.
(Department of Public Works)
13) Show and label the drainage flow arrows. (Department of Public Works)
14) Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property. (Department of Public Works)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic
copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning
Services. Upon approval of the map the applicant shall submit a Mylar map along with all other
documentation required as Conditions of Approval. The Mylar map shall be recorded in the office
of the Weld County Clerk and Recorder by the Department of Planning Services. The map shall
be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code.
The Mylar map and additional requirements shall be submitted within one hundred twenty (120)
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)
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the
map not be recorded within the required one hundred twenty (120) days from the date of the Board
of County Commissioners Resolution, a $50.00 recording continuance charge shall added for each
additional three (3) month period. (Department of Planning Services)
4. Prior to Construction:
USR19-0035 - Page 6 of 11
A. The approved access and tracking control shall be constructed prior to on -site construction.
(Department of Public Works)
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Department of Public Works)
5. Prior to Certificate of Occupancy:
A. An On -Site Wastewater Treatment System (OWTS) is required for the proposed facility and
shall be installed according to the Weld County On -Site Wastewater Treatment System
Regulations. (Department of Public Health and Environment)
6. The Use by Special Review is not perfected until the Conditions of Approval are completed and the
map is recorded. Activity shall not occur, nor shall any building or electrical permits be issued on
the property, until the Use by Special Review map is ready to be recorded in the office of the Weld
County Clerk and Recorder or the applicant has been approved for an early release agreement.
(Department of Planning Services)
USR19-0035 - Page 7 of 11
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DVM Burros, LLC dba Cambridge Animal Hospital c/o Natalie Malherbe
USR1 9-00 35
1. A Site Specific Development Plan and Use by Special Review Permit 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 a building mounted
sign in the A (Agricultural) Zone District, 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 hours of operation are 24 hours a day / 7 days a week. (Department of Planning Services)
4. The number of on -site employees shall be limited to twelve (12) full-time employees. (Department
of Planning Services)
5. The parking area shall be maintained. (Department of Planning Services)
6. The building mounted sign was approved by the Board of County Commissioners on September 4,
2019. All other signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D
and 23-E of the Weld County Code. (Department of Planning Services)
7. The existing and proposed landscaping and proposed screening on the site shall be maintained.
(Department of Planning Services)
8. The property owner or operator shall be responsible for controlling noxious weeds on the site,
pursuant to Chapter 15, Article I and II, of the Weld County Code. (Department of Public Works)
9. The access to the site shall be maintained to mitigate any impacts to the public road, including
damages and/or off -site tracking. (Department of Public Works)
10. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
11. Any work that may occupy and or encroach upon any County rights -of -way or easement shall
acquire an approved Right -of -Way Use Permit prior to commencement. (Department of Public
Works)
12. The Property Owner shall comply with all requirements provided in the executed Improvements
Agreement. (Department of Public Works)
13. The Improvements Agreement for this site may be reviewed on an annual basis, including a site
visit and possible updates. (Department of Public Works)
14. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
15. Weld County is not responsible for the maintenance of onsite drainage related features.
(Department of Public Works)
16. 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)
USR19-0035 - Page 8 of 11
17. 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. (Department of Public Health and Environment)
18. 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. The
applicant shall operate in accordance with Chapter 14, Article 1 of the Weld County Code.
(Department of Public Health and Environment)
19. Fugitive dust should attempt to be confined on the property. Uses on the property should comply
with the Colorado Air Quality Commission's air quality regulations. (Department of Public Health
and Environment)
20. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone
as delineated in 25-12-103 C.R.S. (Department of Public Health and Environment)
21. Adequate drinking, hand washing, and toilet facilities shall be provided for employees and the
public, at all times. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes. (Department of Public Health and Environment)
22. Any septic system located on the property must comply with all provisions of the Weld County
Code, pertaining to On -site Wastewater Treatment Systems. (Department of Public Health and
Environment)
23. 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. (Department of Public
Health and Environment)
24. The applicant shall comply with the Colorado Department of Agriculture (CDA), Division of Animal
Industry regulations. (Department of Public Health and Environment)
25. The operation shall comply with all applicable rules and regulations of State and Federal agencies
and the Weld County Code. (Department of Public Health and Environment)
26. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties
where such would cause a nuisance or interfere with the use on the adjacent properties in
accordance with the plan. Neither the direct, nor reflected, light from any light source may create a
traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be
used which may be confused with, or construed as, traffic control devices. (Department of Planning
Services)
27. Building permits may be required, for any new construction or set up manufactured structure, per
Section 29-3-10 of the Weld County Code. A building permit application must be completed and
submitted. Buildings and structures shall conform to the requirements of the various codes adopted
at the time of permit application. Currently the following has been adopted by Weld County: 2018
International Building Codes; 2018 International Residential Code; 2006 International Energy
Code; 2017 National Electrical Code; and Chapter 29 of the Weld County Code. A plan review shall
be approved, and a permit must be issued prior to the start of construction.
28. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and
Public Health and Environment 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 Conditions of Approval
and Development Standards stated herein and all applicable Weld County regulations.
29. 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.
USR19-0035 - Page 9 of 11
30. 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.
31. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most
abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and
coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the
state's commercial mineral deposits are essential to the state's economy; (b) the populous counties
of the state face a critical shortage of such deposits; and (c) such deposits should be extracted
according to a rational plan, calculated to avoid waste of such deposits and cause the least
practicable disruption of the ecology and quality of life of the citizens of the populous counties of
the state.
Mineral resource locations are widespread throughout the County and person moving into these
areas must recognize the various impacts associated with this development. Often times, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these
resources are protected property rights and mineral owners should be afforded the opportunity to
extract the mineral resource.
32. WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in the country in
total market value of agricultural products sold. The rural areas of Weld County may be open and
spacious, but they are intensively used for agriculture. Persons moving into a rural area must
recognize and accept there are drawbacks, including conflicts with long-standing agricultural
practices and a lower level of services than in town. Along with the drawbacks come the incentives
which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of
city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms,
those features which attract urban dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural
activities will generate off -site impacts, including noise from tractors and equipment; slow -moving
farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from
animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting
and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides
and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations. A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential
development. When moving to the County, property owners and residents must realize they cannot
take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right
to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice
the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of
state and County roads outside of municipalities. The sheer magnitude of the area to be served
stretches available resources. Law enforcement is based on responses to complaints more than
on patrols of the County, and the distances which must be traveled may delay all emergency
responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by
volunteers who must leave their jobs and families to respond to emergencies. County gravel roads,
no matter how often they are bladed, will not provide the same kind of surface expected from a
paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be
cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not
USR19-0035 - Page 10 of 11
be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than
urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and
center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and
livestock, and open burning present real threats. Controlling children's activities is important, not
only for their safety, but also for the protection of the farmer's livelihood.
USR19-0035 - Page 11 of 11
July 12, 2019
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: daungst@co.weld.co.us
PHONE: (970) 400-3524
FAX: (970) 304-6498
Lockman Sheri
36509 CR 41
Eaton, CO 80615
Subject: USR19-0035 - A Site Specific Development Plan and Use by Special Review Permit for a
Veterinary Clinic and a building mounted sign in the A (Agricultural) Zone District
On parcel(s) of land described as:
LOT 5 BOHRER PUD, PART OF THE S2 NW4 SECTION 19, T3N, R68W of the 6th P.M., Weld County,
Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on August 20, 2019, at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on September 4,
2019 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration
Building, 1150 O Street, Greeley, Colorado. It is recommended that you and/or a representative be in
attendance to answer any questions the Planning Commission members or Board of County
Commissioners may have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld
County Planning Department with written certification indicating the above requirement has been met.
A representative from the Department of Planning Services will be out to the property a minimum of ten
days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place
on the property and a second sign posted at the point at which the driveway (access drive) intersects a
publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to
the Weld County Planning Commission and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at
www.weldcountyplanningcases.org
If you have any questions concerning this matter, please call.
Respectfully,
Diana Aungst
Planner
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: daungst@co.weld.co.us
PHONE: (970) 400-3524
FAX: (970) 304-6498
May 14, 2019
Lockman Sheri
36509 CR 41
Eaton, CO 80615
Subject: USR19-0035 - A Site Specific Development Plan and Use by Special Review Permit for a
Veterinary Clinic in the A (Agricultural) Zone District
On parcel(s) of land described as:
LOT 5 BOHRER PUD, PART OF THE S2 NW4 SECTION 19, T3N, R68W of the 6th P.M., Weld County,
Colorado.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying
within three miles of the property in question or if the property under consideration is located within the
comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of
the submitted materials to the following Planning Departments for their review and comments:
Firestone at Phone Number 303-833-3291
Longmont at Phone Number 303-651-8601
Mead at Phone Number 970-535-4477
It is recommended that you contact the listed Planning Departments for information regarding their
process and to answer any questions that might arise with respect to your application.
If you have any questions concerning this matter, please call.
Respectfully,
Vkit&-.Qattia,
Diana Aungst
Planner
FIELD CHECK
Inspection Date: 8/9/19
Case Number: USR19-0035
Applicant: DVM Burros, LLC dba Cambridge Animal Hospital c/o Natalie Malherbe
Representative: Lockman Land Consulting, LLC c/o Sheri Lockman
Request: A Site Specific Development Plan and Use by Special Review Permit 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 a building mounted sign in the A (Agricultural)
Zone District
Legal Lot 5 Bohrer Planned Unit Development (PUD), Part of the S2 NW4 Section 19,
Description: T3N, R68W of the 6'" P.M., Weld County, CO
Location: East of and adjacent to CR 1 and approximately one -tenth of a mile north of
Henson Drive
Size of Parcel: +/- 19.71 acres
Parcel No. 1207-19-0-01-005
Zoning
Land Use
N
A (Agricultural)
N
Agricultural/Rural Residential
E
A (Agricultural)
E
Agricultural
S
PUD-Bohrer PUD subdivision
S
Rural Residential
W
Boulder County
W
Rural Residential
COMMENTS:
The site is primarily vacant with an oil and gas tank battery located on the eastern side of the
parcel. The oil and gas access is located on CR 1.
(r:1n/1/4.OQ. 94�rr7l
Diana Aungst, Planner
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