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Home My WebLink About20240577.tiffRESOLUTION RE: ACCEPT REQUEST TO WITHDRAW APPLICATION FOR A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR12-0041, FOR AN AGRICULTURAL SERVICE ESTABLISHMENT, PRIMARILY ENGAGED IN PERFORMING AGRICULTURAL, ANIMAL HUSBANDRY OR HORTICULTURAL SERVICES ON A FEE OR CONTRACT BASIS (A MIXED ANIMAL VETERINARY CLINIC) IN THE A (AGRICULTURAL) ZONE DISTRICT, AND RESCIND RESOLUTION #2012-2495, DATED SEPTEMBER 19, 2012 - LARRY D. JOHNSON LIVING TRUST 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, on September 19, 2012, the Board approved the application of the Larry D. Johnson Living Trust, 20360 County Road 3, Berthoud, Colorado 80513, for a Site Specific Development Plan and Use by Special Review Permit, USR12-0041, for an Agricultural Service Establishment, primarily engaged in performing agricultural, animal husbandry or horticultural services, on a fee or contract basis (a mixed animal veterinary clinic) in the A (Agricultural) Zone District, on the following described real estate, to -wit, and: Lot A of Recorded Exemption, RE -1676; being part of the N1/2 SW1/4 of Section 20, Township 4 North, Range 68 West of the 6th P.M., Weld County, Colorado WHEREAS, on March 6, 2024, the Board was presented with an email, dated January 11, 2024, from the applicant requesting the withdrawal of the application, stating he has since moved and sold the property ten (10) years ago, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and all of the exhibits and evidence presented in this matter and, having been fully informed, deems it advisable to grant the applicant's request and thereby accept the withdrawal of the application, and rescind Resolution #2012-2495, dated September 19, 2012. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of the Larry D. Johnson Living Trust, to withdraw the application for a Site Specific Development Plan and Use by Special Review Permit, USR12-0041, for a for an Agricultural Service Establishment, primarily engaged in performing agricultural, animal husbandry or horticultural services, on a fee or contract basis (a mixed animal veterinary clinic) in the A (Agricultural) Zone District, on the parcel of land described above, be, and hereby is, accepted. BE IT FURTHER RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Resolution #2012-2495, dated September 19, 2012, be, and hereby is, rescinded. cc:PL(-rpM J/ER/c&), p1SR (SC), RPPL. oy /03/2H 2024-0577 PL2183 WITHDRAW USR12-0041 AND RESCIND RESOLUTION #2012-2495 - LARRY D. JOHNSON LIVING TRUST PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 6th day of March, A.D., 2024. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, C ATTEST: d.,,,ewo( eziwAk Weld County Clerk to the Board BY: CAXIDEtin . OAU i Deputy Clerk to the Board Co my • ttorney Date of signature: �/ t 3I z 4 %c Q Kevin Ross, Chair Perry L. B 1c, Pro-Tem Mike Freeman 2024-0577 PL2183 DEPARTMENT OF PLANNING SERVICES MEMORANDUM To: Board of County Commissioners From: Tom Parko, Department of Planning Services /'/°' Cc: Chris Gathman, Planner III Subject: USR12-0041 - Consider rescission of conditionally approved permit Hearing Date: March 6, 2024 Owner: Larry Johnson (currently owned by Dustin Tedford) Address: 20360 County Road 3, Berthoud, CO. 80513 Legal Description: PT N2SW4 S20-T4N-R68W; LOT A REC EXEMPT RE -1676 (.36R) Location: East of and adjacent to County Road 3 and approximately 2/3 mile north of County Road 40.5. Parcel Number: 1061-20-3-00-057 Parcel Size: +/- 4.62 acres Zoning: A (Agricultural) Summary: This purpose of this memorandum and hearing is to seek direction from the Board of County Commissioners regarding the approved, but not perfected USR12-0041. Use by Special Review permit # USR12-0041 (A Site -Specific Development Plan and Use by Special Review Permit for an Agricultural Service establishment primarily engaged in performing agricultural, animal husbandry or horticultural services on a fee or contract basis (a mixed animal veterinary clinic) was conditionally approved by the Board of County Commissioners and the Final Resolution was signed on September 19, 2012 (Exhibit A). On January 11, 2024, Planning Staff sent an email to the owner requesting status of the permit (Exhibit B). The Planning Department received an email dated the same day, from Mr. Larry Johnson stating that the Vet Clinic was never pursued and since abandoned (Exhibit C). Additionally, planning staff conducted a site inspection and verified that the Vet Clinic is not operational, and Mr. Johnson is no longer the property owner. 2024-0577 31(4) TL -1-113 Based on the correspondence received from the owner, Planning Staff recommends that the Board of County Commissioners rescind Use by Special Review Permit No. USR12- 0041. Exhibits: A: Signed BOCC Resolution B: Email to owner dated January 11, 2024 C: Email from owner to staff dated January 11, 2024 D: Vicinity Map G: Draft USR Map From: Lam To: Tom Parko Jr; Chris Gathman Subject: Re: USR12-OO41 Date: Thursday, January 11, 2024 3:40:52 PM Attachments: image002.pnq image003.pnq image004.pnq Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello. We had applied for a permit to start a clinic, but that never happened. That was 10 years ago. We moved from Colorado shortly thereafter, to Texas, and sold that property. Then my wife, the vet, divorced me. I have no contact with her. I have since moved to 2 other states, am no longer the property owner. no longer the husband, so longer involved with that entire process. You can delete/trash anything related to that effort. Thanks, Larry On 1 / 1 1/24 4:15 PM, Tom Parko Jr wrote: Mr. Johnson, Good afternoon. I've been tasked to clean up old case files with Weld County and our records indicate that you are listed as a contact for USR12-0041. Please see attached Resolution. This case was conditionally approved by the Board of County Commissioners on September 19, 2012 for a Veterinary Clinic. Our records indicate that this USR was not perfected (recorded). If this USR has not been recorded, please work with the case Planner, Chris Gathman to finalize any conditions of approval so we can finalize the USR. Chris' email address is cgathmanWweld.gov. If the business is not operational please let me know and we can take the case before the BoCC for recission. Please don't hesitate to contact me with any questions. Best, Tom Parko Community Development Coordinator Weld County Government 1402 N. 17th Avenue This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable THIS MAP IS NOT TO BE USED FOR NAVIGATION PM:. WELD COUNTY C fwyer wie• 2022 Imace ONLINE- MAPPING ._J i ste 'R = F Art Collins ` •SPANISI-H!EOxic - .i : i l- t. 't s t 4. • E ,r rlr1�_ if _ .- . . i 41 a' j;;1. ,- _ i Pe 96 +^ Legend t'- Parcels ♦.` R' 1 r Highway { f1 41 _ d. : , ;, •-- - .- r �__ County Boundary - 20309 .is'' 1� -a -.ye 4 -• 31 r"'. X203?7via I RN. i .. ,. _ . - •._ • I rat s'" c • ,iisr,. •--i , y, .. .'1 . . •. s .. r.. .. 20350 2021. ,IIF A 4.. t l��.... Ili '!� - � 'L., 1.1 ' '.. >•: ♦.. '. i. 2'. r' I ! f! 3 '. • ,,. i ... f ,ferrzt• ":.tom rAt r I1T r�l 1 I _ ; : 20219 y «►-�».►, f ----', _�, - P �.1 nrrwa♦ ,--F - N ' Ta+a .�.. -'r! o . ' .,-. (, ma i • ♦- •. _ .I • � S• CIF • P t •• • at 1 V .:,oi % 1: 3,351 f Notes 558 6 0 279.28 558.6 Feet This map is a user generated static output from an Internet mapping sate and rs for WGS_1984_Web_Mercator_Auxiliary_Sphere © Weld County Colorado reference only Data layers that appear on this map may or may not be accurate, current, or otherwise reliable THIS MAP IS NOT TO BE USED FOR NAVIGATION Found 3/4" rebar w/ 3 1/4" Alum. cap L.S. No.7242 -., N 1/Z SW 1/4, Sec. 20 m S 79°09'05" E 8.5' 127.02'. �rq Surveyors Statement S 60°26'04"'E 159:80' V�ovo"I- ai e!r' vt5 I Lot A 5.264 Acres +1- draina e eY recfi3 .5;5112— S 87°02'21" E 259.16! p Access: Easement Foul In April of 2008, a survey was performed by me • •for Land Title and The Larry D. Johnson Living Trust, of the • above described property, under my ,' responsibility, supervision and checking. Andrew J. atterson, • en - 0, G1 • p N o en 0 o. Found Pin -it Cap is South 0.21' of •Property `C0*, I 111111 IIIII 11111111111111111111111111111111111 IIII IIII r% 3',153675 05/13/2008 1102* Weld County, CO 1 of 2 R 11.00 D 355.73 Steve Moreno Clerk & Recorder III I IIII III I I II IIIII I I IIII II III III WARRANTY DEED STATE DOCUMENTARY FEE Date: May 06, 2008 355.73 THISDEED, Made on this day of Mav 06, 2008 , between GARRETT R. PAULL AND DIANE P. PAULL, CO -TRUSTERS OF THE GARRETT R. PAULL TRUST DATED APRIL 6, 2004 AND DIANE P. PAULL AND GARRETT R. PAULL CO-TRUSTTES OF THE DIANE P. PAULL TRUST DATED APRIL 6, 2004 of the County of WELD and State of COLORADO , the Grantor(s), and THE LARRY D. JOHNSON LIVING TRUST whose legal address is ; 20360 u,211.161 WELD COUNTY ROAD 3 BERTHOUD, CO 89513 of the County of WELD and State of COLORADO , the Grantee.): WITNESS, That the Grantor.), for and in consideration of the sum of ( 83,557,266.00 ) •�* Three Million Five Hundred Fifty Seven Thousand Two Hundred Sixty Six anl5OD53090 '*• the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold end conveyed, end by these presorts does grant, bargain, sell, convey and confirm unto the Grantee(s), his heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of WELD and State of Colorado, described as follows: LOTS A AND B, RECORDED EXEMPTION N0. 1061-20-3-RE1676, RECORDED MAY 23, 1995 IN BOOK 1493 AS RBCEPT108 NO. 2439339, L0CAT8D IN TH8 NORTH 1/2 OF THE SOUTHWE3T 1/4 OF SECTION 20, TOWNSHIP 4 NORTH, RANGE 66 WEST OF THE 6TH P.N., COUNTY OF WELD, STATE OP COLORADO. also known as street number 20360 & 20350 WELD COUNTY ROAD 3 BERTHOUD CO 80513 TOGETHER with all end singular and hereditammts and appurtenances thereto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right title interest, tleia and demand whatsoever of the Grantor.), either in law or equity, of, in and to the above bargained premises, with the hereditammts and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described with appurtenances, unto the Grantee.), his heirs and assigns forever. The Grantor(s), for himself, his heirs and personal representatives, does covenant, grant, bargain, and agree to end with the Grantee(s), his heirs and assign,, that at the time of the ensealirg end delivery of these presents, he is well seized of the premises above conveyed, has goad, sure, perfect, absolute aM indefeasible estate of inheritance, in law, fn tee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and fora as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soave', 9ubjaae to y 1 t.r.a for the year Toe, and Chace apeolfie Ex.eptloaa deaarib.d by r.feranee ter erded doouman to refleotad in the Title Doauaeaea a...tad by Oraotee (s) , ao ordaaee Web Bastion 9a (Title Reris)eof the Cbatraee to Huy and BeI1 Real Eetaes relatieD to eha above deaer2bad property; dietributioa utility easements (iaoludiay eabia TV1; Chase apealfi.aliy described ripbt• of third parttee not shows by the Dublia rvoorda of shish Ozantee (eJ bu actual Aaorledye a,d shish sue assaDted by arantee(a) in ea...laws. wleb Beset.. ab Mat.. sot Shona by the Pablis Raoorda) sad eacCloA 9a (surrey Rerlaw/ of the Lbberaat to Buy sad cell Rea3 Rotate ralatiap to the ,bow described real pzaperty; ineIueion of the property siehin say .peal al tax diatriet; sad, eha beaaflt• sad burdeae of any reaordad d.slaratioA and party wall ayreuaata, if say sad other SUET The Grantors) shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the Grantee(s), his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, and the plural the singular, and the use of any grader shall be applicable to all genders. IN WITNESS WHEREOF the Grantors) has executed this deed on the date set forth above. STATE OF COLORADO County of B0ULD. BEE ATIACBRD BIaNATURE PAWS The foregoing instrument was acknowledged before me on this day of E.r oa, loss by CARRRIT R. PAULL. co-Tnvern Apo DIANE P. PAULL. -TRUST= Tel DI RlIT R- pAULL TRUBT DATED APRIL 6, ]001 AND DIAEE , PAULL, CO -TRUSTEE ARD iwarrr R. PAULL. CO -TRUSTEE OF THE DIANE P. PAULL TRUST DATED APRIL , J001 My commission expires witness my hand and official seal. Notary Public Name and Address of Person Gating Newly Created Legal Description ( 36-35-106.5, C.R.S.) '::. Escrowff MT25075299 .*.'G �1 • When Recorded Return io:THE LARRY D. JOHNSON LIVING TRUST Title* FC25075299 20360 1 WELD COUNTY R000 3 BERTHOUD, CO 80513 Form 84 08/29/04 WD1 WARRANTY GEED (Photographic) {6364452) 11111111111111111 1111111 11111 111111 III 1111 iii IIII 3553675 05113/2006 11;020 Weld County, CO 2 of 2 R 11.00 D 355.73 Steve Moreno Clerk & Recorder Signature Page Attachment Exhibit ADDRESS: 10760 6 10150 WILD COMITY ROAD 3 BERTROUD CO 10337 STATE OF cold:num COUNTY OF 'warm DIANE P. PA DLL, CO -TRUSTER The foregoing instrument was acknowledged before me on this day of rr, 06, 1008 , by OARRTIT R. PAULL, CO -TRUSTER AND DIANE P. PAULL, DO-7EUSTEE OF 772E OARARTT R. PAULL TRUE? DATED APRIL 6, 1004 AND DIANE P. PAULL, CO -TRUSTER AND °MUM T R. PAULL, LO -TRUSTEE OP TEE DIANE P. PAOLI. MIST DATED APRIL 6, 1006 Witness my hand and s0a1. My commission expires: 7- 3 -it W315075294 1015075199 Form SELLER.SIG.0 CA/21/03 Notary Public • cstrai RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR12-O041, FOR AN AGRICULTURAL SERVICE ESTABLISHMENT, PRIMARILY ENGAGED IN PERFORMING AGRICULTURAL, ANIMAL HUSBANDRY OR HORTICULTURAL SERVICES ON A FEE OR CONTRACT BASIS (A MIXED ANIMAL VETERINARY CLINIC) IN THE A (AGRICULTURAL) ZONE DISTRICT - LARRY D. JOHNSON LIVING TRUST 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, the Board of County Commissioners held a public hearing on the 19th day of September, 2012. at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of Larry D. Johnson Living Trust, 20360 CR 3, Berthoud, Colorado 80513, for a Site Specific Development Plan and Use by Special Review Permit, USR12-0041, for an Agricultural Service Establishment, primarily engaged in performing agricultural, animal husbandry or horticultural services. on a fee or contract basis (a mixed animal veterinary clinic) in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: Lot A of Recorded Exemption, RE -1676; being part of the N1/2 SW1/4 of Section 20. Township 4 North, Range 68 West of the 6th P.M., Weld County. Colorado WHEREAS, at said hearing. the applicant was present and represented by Dana Johnson, property resident and operator of the business, and WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of said Use by Special Review Permit, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendation of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall 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. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 23-2-230.B of the Weld County Code as follows: A Section 23-2-230.B.1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. c1 d 4 AL /3/41)/ 44L h2t/ 1/- y D(1C/0? 2012-2495 PL2183 SPECIAL REVIEW PERMIT (USR12-0041) - LARRY D. JOHNSON LIVING TRUST PAGE 2 1) Section 22-2-20. B.2 (A.Policy 2.2) states: "A//ow commercial and industrial uses, which are directly related to, or dependent upon, agriculture, to locate within agricultural areas when the impact to surrounding properties is minimal or mitigated and where adequate services and infrastructure are currently available or reasonably obtainable. These commercial and industrial uses should be encouraged to locate in areas that minimize the removal of agricultural land from production." 2) Section 22-2-20 G.2 (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." The impacts of the use to surrounding properties will be relatively minimal. The proposed veterinary operation will be located in a proposed 3,000 to 5,000 -square -foot outbuilding. The veterinary operation is primarily mobile, but this Use by Special Review Permit (USR) will allow customers/clients to bring horses on -site for treatment under certain circumstances. This use will blend in with the surrounding agricultural uses in the area. Development Standards and Conditions of Approval will help to ensure that the use is compatible with the surrounding area. B. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. Section 23-3-40 B.5 of the Weld County Code allows Veterinary Clinics or Hospitals as a Use by Special Review in the A (Agricultural) Zone District. C. Section 23-2-230.B.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The proposed USR site is surrounded by agricultural uses (cropland and rural residences). The municipal boundaries of the Town of Berthoud are approximately one-fourth of a mile to the north of the site. Two single family residences are located to the west of the site. D. Section 23-2-230.B.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 proposed USR site is located within the three-mile referral area of the Towns of Berthoud, Johnstown and Mead. The Town of Berthoud indicated no conflicts with their interests in the referral dated June 25, 2012. No referral response has been received from the 2012-2495 PL2183 SPECIAL REVIEW PERMIT (USR12-0041) - LARRY D. JOHNSON LIVING TRUST PAGE 3 Town of Johnstown or the Town of Mead. The proposed USR is not located within a three-mile referral boundary or Intergovernmental Agreement Boundary (IGA) of any municipality. E. Section 23-2-230.B.5 -- The application complies with Chapter 23, Article V, of the Weld County Code. The site is not located within the 100 -year floodplain or within any overlay district. Effective April 25, 2011, building permits issued on the lot will be required to adhere to the fee structure of the County -Wide Road Impact Fee Program. Effective April 25, 2011, building permits issued on the lot will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee Programs. F. Section 23-2-230.B.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The proposed use will be located in a proposed outbuilding on a parcel of 4.62 acres. The site is not in agricultural production. G. Section 23-2-230.B.7 — There are adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County. Development Standards and Conditions of Approval will ensure adequate provisions for the health, safety and welfare of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Larry D. Johnson Living Trust, for a Site Specific Development Plan and Use by Special Review Permit, USR12-0041, for an Agricultural Service Establishment, primarily engaged in performing agricultural, animal husbandry or horticultural services, on a fee or contract basis (a mixed animal veterinary clinic) in the A (Agricultural) Zone District, on the parcel of land described above be, and hereby is, granted subject to the following conditions: Prior to recording the plat: A. The plat shall be amended to delineate the following: 1) All sheets of the plat shall be labeled USR12-OO41. 2) The attached Development Standards. 3) The plat shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. 4) The applicant shall delineate the trash collection areas. Section 23-3-350.H of the Weld County Code addresses the issue of trash collection areas. Areas used for storage or trash collection shall be screened from adjacent public rights -of -way and adjacent 2012-2495 PL2183 SPECIAL REVIEW PERMIT (USR12-0041) - LARRY D. JOHNSON LIVING TRUST PAGE 4 properties. These areas shall be designed and used in a manner that will prevent trash from being scattered by wind or animals. 5) The gate for the veterinary facility shall be indicated on the plat. The gate must be set far enough back from the County Road (CR) 3 right-of-way to allow a truck and trailer to completely pull off the roadway to open the gate (minimum 75 feet). 6) CR 3 is designated on the Weld County Road Classification Plan as a local gravel road, which requires 60 feet of right-of-way at full buildout. The applicant shall verify and delineate on the plat the existing right-of-way, and the documents creating the right-of-way. All setbacks shall be measured from the edge of future right-of-way. If the right-of-way cannot be verified, it shall be dedicated. This road is maintained by Weld County. 7) The existing access is via a 30 foot access easement on the property to the north, which is also owned by the applicant. The recording information (reception number) for the access easement shall be indicated. The applicant shall show and label the access on the Plat with the approved access permit number (will be provided). 8) The approved lighting plan (if applicable). 9) Parking spaces (including ADA) shall be indicated in accordance with Chapter 23, Article VI, Division I, Appendix 23-A and Appendix 23-B of the Weld County Code. 10) Sign locations shall be indicated. Any signs to be installed shall adhere to the requirements of Chapter 23, Article IV, Division 2, and Appendices 23-C, 23-D and 23-E of the Weld County Code. B. If exterior lighting is proposed, the applicant shall submit a lighting plan to the Department of Planning Services for review and approval. 2. Prior to the release of Building Permits: A. A building permit will be required for any new construction, alteration, or addition to any buildings or structures on the property. It is required that a code analysis be done on the project by a design professional with experience in this area. A Building Permit Application must be completed and two complete sets of engineered plans, including Engineered Foundation Plans bearing the wet stamp of a Colorado registered architect or engineer, must be submitted for review. A Geotechnical Engineering Report performed by a Colorado registered engineer shall be required, or an Open Hole Inspection. 2012-2495 PL2183 SPECIAL REVIEW PERMIT (USR12-0041) - LARRY D. JOHNSON LIVING TRUST PAGE 5 B. Buildings and structures shall conform to the requirements of the various codes adopted at the time of Permit Application. Currently, the following have been adopted by Weld County: 2006 International Building Code, 2006 International Mechanical Code, 2006 International Plumbing Code, 2006 International Energy Code, 2006 International Fuel Gas Code, 2011 National Electrical Code, 2003 ANSI 117.1 Accessibility Code and Chapter 29 of the Weld County Code. The Surgery Center shall conform to Section 422 of the 2006 International Plumbing Code. A plan review shall be approved and a permit must be issued prior to the start of construction. C. The applicant shall address the requirements of the Berthoud Fire Protection District as stated in the referral dated June 25, 2012. 3. Prior to Issuance of Certificate of Occupancy: A. An Individual Sewage Disposal System (I.S.D.S.) is required for the proposed facility and shall be installed according to the Weld County I.S.D.S. Regulations. The septic system is required to be designed by a Colorado state registered professional engineer, according to the Weld County I.S.D.S. Regulations. 4. Upon completion of Condition of Approval #1 above, the applicant shall submit three (3) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval, the applicant shall submit a Mylar plat, along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat 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. 5. In accordance with Weld County Code Ordinance 2012-3, approved April 30, 2006, should the plat 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. 6. The Department of Planning Services respectfully requests a digital copy of this Use by Special Review, as appropriate. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB). The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to maps@co.weld.co.us. 2012-2495 PL2183 SPECIAL REVIEW PERMIT (USR12-OO41) - LARRY D. JOHNSON LIVING TRUST PAGE 6 7. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be issued on the property, until the Use by Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 19th day of September, A.D., 2012. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST Weld County Clerk to th BY: Deputy Clerk to the Boar AP FORM: unty Attorney Date of signature: 16'/I Sean P. Co Chair am;( F. Garcia, Pro -Tern Barpara Kirkmeyer / / j\' ,c.."y cr/ David E. Long '\ U.) `AQ S O Y 11uC,. DouglaV Rademach r 2012-2495 PL2183 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS LARRY D. JOHNSON LIVING TRUST USR12-0041 1. A Site Specific Development Plan and Use by Special Review Permit, USR12-0041, for an Agricultural Service Establishment, primarily engaged in performing agricultural, animal husbandry or horticultural services, on a fee or contract basis (a mixed animal veterinary clinic) in the A (Agricultural) Zone District. 2. Approval of this plan may create a vested property right, pursuant to Section 23-8-10 of the Weld County Code. 3. The number of outside employees (not including family members) shall be ten (10) full-time employees or equivalent. 4. Normal hours of operation will be from 7:00 a.m., to 7:00 p.m., Monday through Saturday. The Veterinary Clinic will open outside of normal hours of operation in case of emergencies, according to the application materials. 5. Animal and feed wastes, bedding, debris and other organic wastes shall be disposed of so that vermin infestation, flies, odors, disease hazards, and nuisances are minimized. 6. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, Section 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. 7 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, Section 30-20-100.5, C.R.S. 8. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. 9. The applicant shall operate in accordance with the approved Waste Handling Plan, at all times. 10. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be operated in accordance with the approved Dust Abatement Plan, at all times. 11. This facility shall adhere to the maximum permissible noise levels allowed in the Non - Specified Zone, as delineated in Section 14-9-30 of the Weld County Code. 12. All potentially hazardous chemicals must be handled in a safe manner in accordance with product labeling, and in a manner that minimizes the release of hazardous air pollutants (HAP's) and volatile organic compounds (VOC's). All chemicals must be 2012-2495 PL2183 DEVELOPMENT STANDARDS (USR12-0041) - LARRY D. JOHNSON LIVING TRUST PAGE 2 stored secure, on an impervious surface, and in accordance with manufacturer's recommendations. 13. Adequate drinking, hand washing and toilet facilities shall be provided for personnel and patrons of the facility, at all times. 14. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. 15. Sewage disposal for the facility shall be by septic system. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems (I.S.D.S.) 16. The operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code. 17. A building permit will be required for any new construction, alteration, or addition to any building on the property. 18. Buildings and structures shall conform to the requirements of the various codes adopted at the time of permit application. Currently the following have been adopted by Weld County: 2006 International Building Code, 2006 International Mechanical Code, 2006 International Plumbing Code, 2006 International Energy Code, 2006 International Fuel Gas Code, 2011 National Electrical Code, 2003 ANSI 117.1 Accessibility Code and Chapter 29 of the Weld County Code. 19. Effective April 25, 2011, building permits issued on the property will be required to adhere to the fee structure of the County -Wide Road Impact Fee Program. Fees may, or may not, be required. 20. Effective April 25, 2011, building permits issued on the property will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee Programs. Fees may, or may not, be required. 21. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240 of the Weld County Code. 22. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250 of the Weld County Code. 23. 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. 2012-2495 PL2183 DEVELOPMENT STANDARDS (USR12-0041) - LARRY D. JOHNSON LIVING TRUST PAGE 3 24. Pursuant to Chapter 15, Articles I and II, of the Weld County Code, if noxious weeds exist on the property, or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. All vegetation, other than grasses, needs to be maintained at a maximum height of 12 inches until the area is completely developed. 25. 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. 26. The historical flow patterns and runoff amounts will be maintained on the site in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to runoff rate and velocity increases, diversions, concentration and/or unplanned ponding of storm runoff. 27. 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. 28. 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. 29. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the Weld County Code, shall be placed on the plat and recognized at all times. 2012-2495 PL2183 Hello