HomeMy WebLinkAbout20193891.tiffBEFORE THE WELD COUNTY. COLORADO. PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bruce Johnson. that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for
CASE NUMBER.
APPLICANT
PLANNER
REQUEST
LEGAL DESCRIPTION
LOCATION
USR19-0035
DVM BURROS, LLC DBA CAMBRIDGE ANIMAL HOSPITAL C/O NATALIE
MALHERBE
DIANA AUNGST
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 AN ADDITIONAL BUILDING
MOUNTED SIGN IN THE A (AGRICULTURAL) ZONE DISTRICT.
LOT 5 BOHRER PUD. PART OF THE S2 NW4 SECTION 19. T3N. R68W OF THE
6TH P.M.. WELD COUNTY. COLORADO.
EAST OF AND ADJACENT TO CR 1. APPROXIMATELY 0.1 MILES NORTH OF
HENSON DRIVE.
be recommended favorably to the Board of County Commissioners for the following reasons -
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 Planning Commission 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
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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.
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
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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.
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 Planning Commission 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)
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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)
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
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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 be added for each
additional three (3) month period. (Department of Planning Services)
4. Prior to Construction
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)
Motion seconded by Richard Beck.
VOTE
For Passage
Bruce Johnson
Michael Wailes
Tom Cope
Gene Stille
Lonnie Ford
Richard Beck
Elijah Hatch
Skip Holland
Against Passage Absent
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I. Kristine Ranslem, 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 20. 2019.
Dated the 20th of August. 2019
430\eibarit i4tewifziyu
Kristine Ranslem
Secretary
RESOLUTION USR19-0035
DVM BURROS LLC DBA CAMBRIDGE ANIMAL HOSPITAL 0/O NATALIE MALHERBE
PAGE 6
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DVM Burros, LLC dba Cambridge Animal Hospital c/o Natalie Malherbe
USR19-0035
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)
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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.
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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
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major snowstorm. Services in rural areas, in many cases, will not 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, sandburs, 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.
PC Mut&ks
&Jw)wIG
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday. August 20. 2019
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room. 1150 O Street. Greeley. Colorado. This meeting was called to order by Chair.
Michael Wailes. at 12:30 pm.
Roll Call.
Present. Michael Wailes, Gene Stifle, Tom Cope, Lonnie Ford. Richard Beck, Elijah Hatch, Skip Holland.
Absent: Bruce Johnson.
Also Present: Kim Ogle. Chris Gathman, Diana Aungst, Maxwell Nader, and Tom Parko, Department of
Planning Services: Lauren Light. Department of Health: Evan Pinkham. Hayley Balzano. Zackery Roberson
and Mike McRoberts, Public Works: Bruce Barker and Karin McDougal. County Attorney. and Kris Ranslem,
Secretary.
(Bruce Johnson entered the hearing at 12:58 pm)
CASE NUMBER: USR19-0035
APPLICANT
PLANNER
REQUEST
LEGAL DESCRIPTION
LOCATION
DVM BURROS. LLC DBA CAMBRIDGE ANIMAL HOSPITAL C/O NATALIE
MALHERBE
DIANA AUNGST
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 AN ADDITIONAL BUILDING
MOUNTED SIGN IN THE A (AGRICULTURAL) ZONE DISTRICT.
LOT 5 BOHRER PUD, PART OF THE S2 NW4 SECTION 19 T3N. R68W OF
THE 6TH P.M. WELD COUNTY COLORADO.
EAST OF AND ADJACENT TO CR 1, APPROXIMATELY 0.1 MILES NORTH OF
HENSON DRIVE.
Diana Aungst, Planning Services. presented Case USR19-0035, reading the recommendation and
comments into the record. The Department of Planning Services recommends approval of this application
with the attached conditions of approval and development standards.
Evan Pinkham. Public Works. reported on the existing traffic. access to the site and drainage conditions for
the site. Mr. Pinkham added that Weld County requires that all sites within the PUD to be accessed via the
subdivision road.
Commissioner Cope said that it appears the applicant is proposing to access onto County Road 1 and
clarified if they are required to access onto Sandra Jean Way in the subdivision. Mr. Pinkham replied that
all lots within a PUD need to access the subdivision road. However. the Planning Commission can
recommend to the Board of County Commissioners to allow for access on County Road 1.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Sheri Lockman. Lockman Land Consulting, 36509 CR 41., Eaton, Colorado. stated that the applicant is
requesting the use of a vet clinic on this property and added that Ms. Malherbe took time to contact the
residents in the subdivision to ensure that their concerns were addressed. Ms. Lockman said that Ms.
Malherbe is requesting to access from the existing oil and gas access to eliminate traffic through the
subdivision road. She added that if they are required to go through the subdivision road, then Ms. Malherbe
will sell the property.
She stated that this will not be a kennel and dogs will be brought outside one at a time on a leash into the
screened area as needed and there should be no noise issue. Ms. Lockman said that there are no large
1
banks of bright lights planned for this site and the lights for the facility will be placed under the eaves of the
building for the front entry and signs will be indirectly illuminated by a light cast on them.
Ms. Light said that this PUD was developed in the 1990's and it does allow for the agricultural uses on this
lot. She said that they understand the neighbor's concerns. however, as an agricultural lot. the uses that
are allowed by right could have more impact to the neighbors than this vet clinic.
Commissioner Stille asked what kind of issues there will be with the oil and gas access. Ms. Lockman said
that Mr. Bohrer. who has a letter in the application, owns those mineral rights and he supported this request.
She added that they did notify the oil and gas company and they have no concerns.
Commissioner Wailes asked if animals will be kept overnight at the facility. Ms. Lockman said that
occasionally. depending on their need. there might be one animal; therefore, that is why they requested 24 -
hour care in case one of the employees needs to drop by and check on an animal in the facility
Commissioner Wailes was a little concerned with 100 round trips per day and asked if this is a realistic
number. Ms. Lockman said that they have 40 appointments per day and with staff they may have up to
100 trips per day. Commissioner Johnson said that this confirms why it should be accessed onto County
Road 1.
Commissioner Hatch asked if euthanization services will be performed on site. Natalie Malherbe. 1521
Dove Haven Lane, Berthoud, Colorado, said that they do offer that procedure for small animals. Mr. Hatch
asked what the proposed disposal methods will be. Ms. Malherbe said that they work with a crematorium
that will come to pick up the bodies for cremation.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Eric Johnson, 14850 CR 1, stated that he lives directly north of the subject property. He referred to the
burro rescue and asked how many animal units per acre they are allowed to have.
Mr. Johnson referred to the excessive speed on County Road 1 and is concerned with the height of the
building and sign and his ability to safely access County Road 1. He asked for more clarification on what
will be on site. Mr. Johnson added that it is ridiculous that they would have to access their lot through
Sandra Jean Way when the oil and gas access would be more suitable for their business.
The Chair asked Staff what the right-of-way is on County Road 1. Mr. Pinkham said that there is currently
60 feet of right-of-way with 10 feet of future right-of-way on either side. Mr. Wailes clarified that nothing
can be put in the right-of-way including signs. Mr. Pinkham replied that nothing can be placed inside the
right-of-way.
Lee and Sandra Stevenson, 13299 East County Line Road, stated that they live across the road and three
houses to the north. Mr. Stevenson said that they are opposed to this as the area has a residential feel.
Ms. Stevenson said that the site plan shows more of a commercialized property. Mr. and Mrs. Stevenson
expressed concern regarding traffic and lighting.
The Chair asked Staff what the bulk requirements for animal units are. Ms. Aungst said that according to
the Weld County Code, four (4) burros are allowed per acre. Commissioner Beck clarified that with 20
acres there could be 80 burros.
Ms. Lockman said they could have up to 79 burros, but if it pleases the neighbors Ms. Malherbe is happy
to limit it to five (5) burro rescues.
Ms. Lockman said that with regard to lighting, they want people to safely locate and access the site. She
added that they are willing to turn the sign light and the building lights off when they leave at 7 pm. The
height of the sign is 6 -feet tall and the setback for the bushes from the road is further as there is a utility
easement in the subdivision.
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The Chair asked if there are any changes and if they should take action on using the oil and gas access
road. Karin McDougal, County Attorney. said that noting it in the record is strong enough to bring to the
Board of County Commissioners.
Commissioner Cope referred to limiting the number of burros to five (5) and added that it makes sense to
utilize the access onto County Road 1 as opposed to going through the subdivision road. Commissioner
Johnson said he is hesitant to limit the number of animals as it is a use by right. however if the applicant
wishes to limit that he is okay with that. He added that the access should be on County Road 1 and said
that there should be some security lighting on site. Commissioner Wailes said he is opposed to placing
limitations on something that is a use by right and added that it doesn't seem right to place a restriction.
He agreed that there is plenty of options to mitigate the lighting.
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case USR19-0035 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval.
Moved by Bruce Johnson, Seconded by Richard Beck.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Bruce Johnson. Elijah Hatch. Gene Stille, Lonnie Ford. Michael Wailes. Richard Beck. Skip Holland.
Tom Cope.
Commissioner Cope said that it only makes sense to have the access to the facility on the oil and gas
access.
Commissioner Johnson agreed that the access should be onto County Road 1 and not the subdivision
road.
Commissioner Wailes agreed to utilizing the existing oil and gas access for this facility as well.
Meeting adjourned at 6:08 pm.
Respectfully submitted.
rL- i z 1.iugj 4t,
Kristine Ranslem
Secretary
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