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HomeMy WebLinkAbout20050613.tiff 520 RESOLUTION RE: APPROVE CANCELLATION AND RELEASE OF COLLATERAL FOR USE BY SPECIAL REVIEW#1382 -VETERINARY PROPERTIES, LLC WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, by Resolution dated July 10, 2002, the Board approved the application of Veterinary Properties, LLC, 19071st Avenue, Greeley, Colorado 80631, for a Veterinary Clinic in the A (Agricultural) Zone District on the following described real estate, to wit: LotA of Recorded Exemption#2948;being part of the W1/2 SE1/4 of Section 26,Township 6 North, Range 66 West of the 6th P.M.,Weld County,Colorado, and WHEREAS, on January 20, 2003, the Board of County Commissioner of Weld County, Colorado, approved an Improvements Agreement According to Policy Regarding Collateral for Improvements(Private Road Maintenance)for Use By Special Review#1382, between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Veterinary Properties, LLC with terms and conditions being as stated in said agreement, and on November 5, 2003, approved the release of collateral, retaining only$5,000.00 in an Escrow Fund with Wells Fargo Bank West, N.A.,to cover the Landscaping portion of said agreement, and WHEREAS, on November 15, 2004, the Board of County Commissioners deemed it advisable to continue this matter to November 22, 2004, at the request of the applicant, and WHEREAS,on November 22,2004,the Board again continued this matter to February 23, 2005, and WHEREAS, on February 23, 2005, a representative for the applicant was present, and WHEREAS,the Board of County Commissioners has received a request for the full release of said collateral from Countryside Large Animal Veterinary Service, LLC, 3765 West O Street, Greeley, Colorado 80631, and Department of Planning Services staff has recommended denial of said request, and WHEREAS, the applicant, Veterinary Properties, LLC, has installed plantings and an irrigation system,which the Board of County Commissioners finds is in substantial compliance with the landscaping requirements set forth in Use by Special Review#1382 and,therefore,the Board, after hearing testimony of those present and, having been fully informed, deems it advisable to approve cancellation and release of collateral for USR #1382, Veterinary Properties, LLC. 11111111111111111111111111 III IIIIIII III VIII iIII I'll 3268520 03/15/2005 12:18P Weld County, CO 2005-0613 1 of 2 R 0.00 0 0.00 Steve Moreno Clerk & Recorder PL1609 ' Pt, prcc€b c�� � CANCEL COLLATERAL - VETERINARY PROPERTIES, LLC PAGE 2 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado,that the Cancellation and Release of Collateral for Use by Special Review#1382- Veterinary Properties, LLC, be, and hereby is, approved. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of February, A.D., 2005. BOARD OF COUNTY COMMISSIONERS /�� WELD COUNTY, COLORADO ATTEST: I/14 �jrti y William H. erke, Chair Weld County Clerk to the Board �� Mk"' Mg: eile, o em WA- BY: -LC � � Deputy Cle to the Board � G David E. Long APP S T M: %Z .: Glenn Vaad Date of signature: c �1�1111111 IIIII It 1111111 III�����IIII 1111 3268520 03/15/2005 12;18P Weld 2005-0613 County CO 2 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder PL1609 MEMORANDUM I • f\ TO: Board of County Commissioners November 1, 2004 WIDcFROM: Jacqueline Hatch cer COLORADO SUBJECT: USR-1382 Veterinary Properties LLC The applicants for USR-1382, Shawn Bott and Wade Shoemaker have submitted the attached letters dated September 1, 2004 and October 12, 2004. The applicants are requesting a full release of collateral for landscaping. The Department of Planning Services conducted a site inventory visit for compliance and finds that the plants that were used are not in compliance with the recorded plat. The Final Landscape Plan located on the Use by Special Review plat USR-1382 was accepted by the Board of County Commissioners on July 10, 2002. The landscaping that was proposed by the applicant and approved to be planted on site consists of the following; 32— Cranberry Cotoneaster in 3-5 gallon container at the time of planting 10 - Snowberry in 3-5 gallon container at the time of planting 10 — Nanking Cherry in 3-5 gallon container at the time of planting 3 — Golden Current in 3-5 gallon container at the time of planting 32 — Staghorn Sumac in 3-5 gallon container at the time of planting 16 — Blue Spruce 6' in height at the time of planting The Department of Planning Services has calculated that the above material would cost approximately $6575.00 based on the applicant's testimony that they would purchase these from the Soil Conservation District. The applicants have provided a letter dated October 12, 2004 stating that it was their understanding that the drawing was representative of what would be planted and where the landscaping was to be done. In the narrative portion of the Landscaping Plan that was submitted with their application were their intentions. I have provided you with a copy of the Landscape Plan that was submitted with the application. The applicant was to purchase seedlings trees through the West Greeley Soil Conservation District. The applicant states that the following items have been planted on site per a recommendation of the West Greeley Soil Conservation District; Grasses Indian Ricegrass, Basin Wildrye, Bluebunch Wheatgrass, Prarie Junegrass, Bottlebrush, Squirreltail, Needle and Thread, Big Bluestem, Little Bluestem, Switchgrass, Indiangrass, Sideoats Grama, Prarie Sandreed, Galleta, Alkali Sacaton, Sand Lovegrass Forbes Purple Prarie Clover, Blanketflower, Maximilliam Sunflower, Dotted Gayfeather, White Prairie Clover, American Vetch, Blackeyed Susan, Crownbeard, Leadplant, Plains Coreopsis, Purple Coneflower, Rocky Mtn. Beeplant, San Juan Penstemon, Scarlet Globemallow 2004-3375 Shrubs Woods Rose, Winterfat, Rubber Rabbitbrush, Skunkbush Sumac, Fringed Sage, Lilac Trees Juniper, Austrian Pine, Poplar. The applicants have provided an itemized list including the cost and quantity of material planted on site. The list states that the existing landscaping on site cost a total of $7,875.00 with $2,850.00 of that being donated. However, the applicant has stated in telephone conversations that seeds were donated for the plant material and they raised the plants until they were a suitable size to plant. Staff is recommending that the request for release of collateral be denied at this time until the applicant has completed the landscaping as illustrated on the plat. The plantings are in sapling stages at this time and staff does not support the plantings of the Poplar trees along the west side of the property since they have such a very short life span and spread by suckering. The approved plantings on the west side of the property were designed as screening for the adjacent property and as a windbreak. Staff has noted that the plants on site are in sapling stage and do not perform as a natural screening or as a windbreak. The Department of Planning Services is requesting that this application be denied and that the collateral of five thousand dollars be retained for a period of one year to allow the application appropriate time to replace the Poplars on the west side of the property with, at a minimum, sixteen six foot Blue Spruce trees as stated in the Board of County Commissioners resolution dated July 10, 2002. Eaton Grove Nursery Ltd. has provided the attached quote dated November 1, 2004. 16 four foot B&B Blue Spruce will cost $3232.00 including the planting charge. 16 six foot B&B Blue Spruce will cost $5824.00 including the planting charge. Thank you Nov 01 04 12: 18p Greg Hanson 970454-2556 p. l To: Jaqueline .•:•• 9 From: Ken Olsen /+/s ./ 8 Date: 11-1-04 clieflionli Nursery,Ltd. r : . Re: '�lll 35901 WCR 31 Eaton, Colorado 80615 Phone: 9 FAX To: 304-649870, 970.454.3856 970,454.2556 4' Container Colorado Blue Spruce $99.00 Planting Charge $28.50* 4-5' B&B (Field Grown) Colo. Blue Spruce $159.00 Planting Ch. $43.00 6' B&B (Field-Grown) Colo. Blue Spruce $274.00 Planting Ch. $90.00 *Minimum Charge is $40.00 if only one tree is ordered. to riii r' 11. + 4 .. • C."1.... �i .r { f\ISS4:144 4. 4 se ,, yi _ si f r h R F 1 4 ' a . yr� �ry may, lSl'y' 4" .µ • • • • • fra r - Aziy"{ry' ft"ayF. 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Thank you, Shawn Bott DVM Owner Wade Shoemaker DVM Owner ii• C� =— PLLC Loge At+ Veett/st g Seri, r 3765 West O Street • Greeley,CO 80631 • (970)351-7045 • Fax(970)351-7044 October 12, 2004 Clerk to the Board Attn: Esther Jesick 915 10th Street Greeley, CO 80632 RE: Countryside Large Animal Veterinary Service 3765 W. O Street Greeley, CO 80631 Owners: Dr. Shawn Bott, Dr. Wade Shoemaker To the Weld County Board of Commissioners: This letter is in response to the recommendation of the staff of the Weld County Planning Department to deny approval of releasing a$5,000 bond held for approval of completed landscaping. It is our understanding that the staff is recommending denial based on the fact that the landscaping does not follow exactly what was drawn on the Mylar plat submitted to Weld County Planning and approved by the Weld County Board of Commissioners. It was not our intention to deviate from what was submitted and approved by the Board. It was our understanding that the drawing was representative of what would be planted and where the landscaping was to be done. In the narrative portion of the landscape plan we went into more detail of our intentions, which we feel we have complied with. The narrative submitted with our USR application is as follows: Landscape Plan Two rows of windbreak or one row of shrubs and one row of conifer trees will be planted on the west property line. The shrubs will be cotoneaster (cotoneaster acutifolia) or sumac bushes or other similar fast growing shrubs. Plants at maturity will be 6-8 ft. high and 3-5 ft. wide. The conifer will be Austrian Pine or Blue Spruce which at maturity grow to approximately 40 foot with a 30 foot spread. These species will be chosen based on availability, seasonal color, disease resistance and wildlife value. We are planning to buy seedling trees through the West Greeley Soil Conservation District in the spring and plant them ourselves. Golden current, snowberry, nanking cherry or other ornamental but drought resistant, low-growing shrubs and ornamental native grasses will be planted in front of building. These shrubs all grow to between 3-8 feet in height and 4-8 foot spread, but can be pruned to stay smaller and will be kept at a height to not interfere with the line of sight of traffic entering "O"street from the clinic property. We plan to use primarily native ornamental bunch grasses such as Big Bluestem, Little Bluestem, Sideoats Grama and Yellow Indiangrass in designated areas throughout the front landscaping. We may also use some non-native ornamental grasses such as Blue Fescue or Pampas Grass. Other more mature bushes, such as potentilla, as well as some established potted bunch grasses will be planted in the same front area to ensure that the area doesn't look too barren as the landscaping is maturing. The ground around the plantings will be covered with black plastic and covered with decorative bark or rock. The remainder of property outside of clinic fence will be planted in grass hay. We attended a workshop about windbreak tree planting put on by the West Greeley Soil Conservation District and also had them come to the clinic to give recommendations on what trees would work best on the site. They recommended planting Rocky Mountain Juniper and Austrian Pine on the west side of the property with a row of Poplar for quick establishment as the pines and junipers are slower growing trees and would take a number of years before they would provide much shelter. They recommended cutting down the Poplars in 10-15 years as they reached the end of their lifespan. On the north side of the fence we planted lilac,juniper and pine. All of the windbreak trees were planted into landscape fabric to retain moisture and reduce weed pressure. The grasses, forbs, and shrubs for the front landscaped area were chosen in consultation with Pawnee Buttes Seed of Greeley based both on their drought resistance and ornamental qualities. The area was covered first in landscape fabric and then with decorative bark mulch before planting. The following is what was planted in that area: GRASSES Cool Height Fall Color Indian Ricegrass 1-2' Straw Basin Wildrye 5-8' Straw Bluebunch Wheatgrass 1-2' Straw Prairie Junegrass 6-18" Straw Bottlebrush Squirreltail 10-18" Straw Needle and Thread 2-4' Straw Warm Big Bluestem 5-7' Purple Little Bluestem 2-3' Red Switchgrass 3-5' Golden-Red Indiangrass 4-6' Yellow Sideoats Grama 1-2' Purple Blue Grama 6-12" Straw Prairie Sandreed 5-7' Straw Galleta 8-12" Straw Alkali Sacaton 2' Straw Sand Lovegrass 2' Red FORBS Height Bloom Color Purple Prairie Clover 1-2' Purple Blanketflower 3' Yellow Maximillian Sunflower 4-6' Yellow Blue Flax 1-2' Blue Prairie Coneflower 1-3' Yellow Dotted Gayfeather 1-2' Pink White Prairie Clover 3-6" White American Vetch 3-6" Blue Blackeyed Susan 3' Yellow Crownbeard 1-2' Yellow Leadplant 1-2' Purple Plains Coreopsis 2-3' Orange Purple Coneflower 2-3' Purple Rocky Mtn. Beeplant 1-2' Purple San Juan Penstemon 2-3' Pink Scarlet Globemallow 1-2' Salmon SHRUBS Height Woods Rose 4-5' Winterfat 1-3' Rubber Rabbitbrush 3-4' Skunkbush Sumac 3-4' Fringed Sage 1-2' The remainder of the acreage outside the fenced clinic area is planted in grass hay. We feel the landscaping is very attractive and follows our original intentions in our narrative plan even if the species are not exactly as specified on the drawing. Please feel free to contact us if you have any questions. Sincerely, Dr. Shawn Bott Dr. Wade Shoemaker SEP-]6-2004 22:35 FROM: T0:3046498 P.2 Landscape Plan A two row windbreak of one row of shrubs, one row of conifer will be planted on the west property line. The shrubs will be cotoneaster(cotoneaster acutifolia)or sumac bushes or other similar fast growing. Plants at maturity will be 6-8 ft. high and 3-5 ft. wide. The conifer will be Austrian Pine or Blue Spruce which at maturity grow to approximately 40 foot with a 30 foot spread. These species will be chosen based on availability, seasonal color, disease resistance and wildlife value. We are planning to buy seedling trees through the West Greeley Soil Conservation District in the spring and plant them ourselves. Golden current, snowberry,nanking cherry or other ornamental but drought resistant, low-growing shrubs and ornamental native grasses will be planted in front of building. These shrubs all grow to between 3-8 feet in height and 4-8 foot spread,but can be pruned to stay smaller and will be kept at a height to not interfere with the line of sight of traffic entering"O"street from the clinic property. We plan to use primarily native ornamental bunch grasses such as Big Bluestem, Little Bluestem, Sideoats Grams and Yellow Indiangrass in designated areas throughout the front landscaping. We may also use some non-native ornamental grasses such as Blue Fescue or Pampas Grass. Other more mature bushes, such as potentilla,as well as some established potted bunch grasses will be planted in the same front area to ensure that the area doesn't look too barren as the landscaping is maturing. The ground around the plantings will be covered with black plastic and covered with decorative bark or rock. The remainder of property outside of clinic fence will be planted in grass hay. SEP-16-2004 22:35 FROM: TO:3046498 P.3 The following native grasses, forbs and shrubs were planted at Countryside Large Animal Veterinary Clinic in the spring of 2004 in the front of the building inside the fenced area. Landscape fabric was laid and mulch put over the fabric to control weeds. The remaining pasture area outside of the fenced area was planted into irrigated grass hay in the spring of 2002. Over 300 windbreak trees were planted along the west and north side of the fenced area In the spring of 2004. The trees planted were poplar,Juniper, spruce,and lilac as recommended by the West Greeley Soil Conservation District. Landscape fabric was laid around trees to control weeds. GRASSES Cool Height Fall Color Indian Ricegrass 1-2' Straw Basin Wildrye 5-8' Straw Bluebunch Wheatgrass 1-2' Straw Prairie Junegrass 6-18" Straw Bottlebrush Squirretail 10-18" Straw Needle and Thread 2-4' Straw Warm Big Bluestein 5-7 Purple Little Bluestem 2-3' Red Switchgrass 3-5' Golden-Red Indiangrass 4.6' Yellow Sideoats Grama 1-2' Purple Slue Grama 6-12" Straw • Prairie Sandreed 5-7' Straw . Galleta 8-12" Straw Alkali Sacaton 2' Straw Sand Lovegrass 2' Red FORBS Height Color Purple Prairie Clover 1-2' Purple Blankettower 3' Yellow Maximillian Sunflower 4-6' Yellow Blue Flax 1-2' Blue Prairie Coneflower 1-3' Yellow Dotted Gayfeather 1-2' Pink White Prairie Clover 3.6" White American Vetch 3-6" Blue Blackeyed Susan 3' Yellow Crownbeard 1-2' Yellow Leadpiant 1-2' Purple Plains Coreopsis 2-3' Purple Coneflower 2-3' Purple Rocky Mtn. Beeplant 1-2' Purple San Juan Penstemon 2-3' Scarlet Globemallow 1-2' Salmon SHRUBS Height Woods Rose 4-5' Winterfat 1-3' Rubber Rabbitbnish 3-4' Skunkbush Sumac 3-4' Fringed Sage 1-2' 10/21/2004 07: 58 970-356-7263 PAWNEE BUTTE SEED PAGE 02 Countryside Large Animal Veterinary Service Landscaping Costs Windbreak Item Quantity Sub-Total Total Lilac 100 $55 Lombardy Poplar 100 $55 Austrian Pine 60 $69 Rocky Mountain Juniper 120 $138 Fabric Mulch $630 Tax $59 Equipmental Rental $80 Tractor Rental $200 Labor 20 hours x$10/hr Donated $200 Front Area Item Quantity Total Grass/Forb/Shrub Seed 40 species/400 total Donated $500 Landscape Fabric/Mulch/Rock $3,039 Large Rock Collected $500 Labor 150 hours x$10/hr Donated $1,500 Equipment Rental Donated $100 Pasture Item Quantity Total Irrigated Pasture Seed Mix 250# $500 Seeding Cost $250 $7,875 Note: We have noted the value of products and services that were donated as well as actual costs in order to better reflect the value of the landscaping. Uatei<ittite 2164 35th Avenue 41 Greeky,co 80634 a✓ w _ �; 970356-1000 Wells Fargo Bank We t.NA ,fanning Department October 27,2003 rY OFFICE or i 2 4 2003 Weld County Government RECEIVED ErEIVEGD Director of Finance 915 10th Street - Greeley,CO 80631 Re: Veterinary Properties,LLC Dear Mr.Nash: This is to certify that Veterinary Properties, LLC has in escrow with this bank in the amount of$5,000.00 to provide for the completion of Landscaping to City specifications per the plans approved by the County of Weld, for the "core and shell" construction of the the Veterinary Properties,LLC property located at 3635 0 Street, Greeley. Attached hereto is an authorization for direct disbursement of these funds to Weld County if said improvements are not completed within the agreed upon time. Sincerely, Jo Assistant Vice President Wells Fargo Bank • Attachment Aeotafpufiat Lag& Agent ley Ste, PLLC 1907 1st Avenue • Greeley, CO 80631 • (970) 353-8185 • Fax (970) 353-0749 October 15,2003 Ladies and Gentlemen: In the event Veterinary Properties fails to satisfactorily complete installation of site improvements consisting of landscaping in accordance with Weld County specifications by May I, 2004 per the plans approved by Weld County for the property known as Veterinary Properties, LLC, located at 3765 0 Street, Greeley, CO, you are hereby authorized to immediately disburse to Weld County all funds escrowed for the completion of the site improvements upon written demand by those said monies by Weld County. Sincerely, /°//Sw3 Veterinary Properties Date By: Shawn Bott DVM V.P. of Veterinary Properties, LLC File contains oversized map Please see original file FEB-22-2005 10:05 FROM: 70:3046498 P.22 "v w'a nRaar r _.-_oaf _ �<S, .l ',.. WEST GREELEY (5NS1 z� A i 'off CONSERVATION DISTRICT r 4302 W. 9h St. Rd. ;7.1 "~ Greeley, Colorado 80634-1398 (970) 356-8097#3 J`___. wsscd(arawneenet com www,�yQSCd p_g Dear County Commissioners, I'm writing in regard to the conservation tree planting the District cost-shared on, which was planted on the Countryside Large Animal Veterinary Clinic's property. We designed a sound conservation windbreak/visual screen using 100 Lilac, 60 Austrian Pine, and 90 Rocky Mountain Juniper; all of these species are very drought, disease, and cold hardy while at the same time aesthetically pleasing to most people. We also planted 100 Lombardy Poplar trees which are extremely fast growing to provide more of an "instant"windbreak and to help get the more desirable species (mentioned above) established. The property owners understand that the Poplar trees have a short life span and will need to be removed after the establishment of the desirable trees. If you have any questions or comments regarding this conservation tree planting, please call me at 356-8097 ext. 3. Respectfully, Nick Hoban District Manager EXISIT PkR _ 1 do0S- 06 45 Lit: (it CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4225 FAX: (970) 352-0242 P. O. BOX 758 GREELEY, COLORADO 80632 COLORADO February 7, 2005 Countryside Large Animal Veterinary Service, PLLC Attn: Shawn Bott or Wade Shoemaker 3765 West O Street Greeley, Colorado 80631 RE: Cancellation and release of Collateral To Whom It May Concern: Attached hereto please find a copy of the Board of County Commissioner's Resolution approving the cancellation and release of your collateral. The original Letter certifying an Escrow Account has been returned to Wells Fargo. If you have questions or need additional information, please do not hesitate to contact me at (970) 356-4000, Extension 4226. Very truly yours, BOARD OF COUNTY COMMISSIONERS By: L Esther E. Gesick, Deputy Clerk to the Board 411 ;6 CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4225 I FAX: (970) 352-0242 P. 0. BOX 758 WI D O GREELEY, COLORADO 80632 COLORADO March 14, 2005 Wells Fargo 2164 35th Avenue Greeley, Colorado 80634 RE: Cancellation and release of Collateral - Veterinary Properties, LLC To Whom It May Concern: Attached hereto please find a copy of the Board of County Commissioner's Resolution approving the cancellation and release of collateral, as referenced above. The original Letter certifying an Escrow Account is enclosed. If you have questions or need additional information, please do not hesitate to contact me at (970) 356-4000, Extension 4226. Very truly yours, BOARD OF COUNTY COMMISSIONERS By: Clidirut_ Esther E. Gesick, Deputy Clerk to the Board • UIRED; RETURNED 2164 35th Avenue NO LONGER REQ Greeley,0090634 FOR CANCELATION 9703561000 (' Welb Fa ma Bank West NA BY: E Ge La"ESther the Board peputy Clerk to " '!Inning Department October 27,2003 ' re OFFICE ur.T 29 2003 Weld County Government aECE IV ED Director of Finance 915 10th Street - Greeley,CO 80631 Re:Veterinary Properties,LLC Dear Mr.Nash: This is to certify that Veterinary Properties, LLC has in escrow with this bank in the amount of$5,000.00 to provide for the completion of Landscaping to City specifications per the plans approved by the County of Weld, for the "core and shell" construction of the the Veterinary Properties, LLC property located at 3635 0 Street, Greeley. Attached hereto is an authorization for direct disbursement of these finds to Weld County if said improvements are not completed within the agreed upon time. Sincerely, 70 Assistant Vice President Wells Fargo Bank Attachment Hello