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HomeMy WebLinkAbout20191240.tiffRESOLUTION RE: APPROVE VACATION OF USE BY SPECIAL REVIEW PERMIT, USR-975 - HUNT WATER, LLC, C/O DAVID HUNT 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 August 26, 1992, the Board approved Use by Special Review Permit, USR-975, for a Veterinary Clinic in the A (Agricultural) Zone District for Tim and Paula Thompson on the following described real estate, to -wit: Part of SE1/4 of the Section 6, Township 3 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, the Board has received a request from the current property owner, Hunt Water, LLC, c/o David Hunt, 17295 U.S. Highway 85, Platteville, CO 80651, to vacate said Use by Special Review Permit, USR-975, 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 recommendations of the Department of Planning Services staff and all of the exhibits and evidence presented in this matter and, having been fully informed, deems it advisable to approve said vacation. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Use by Special Review Permit, USR-975, be, and hereby is, vacated. 4478428 Pages: 1 of 2 04/03/2019 10:22 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII NUrAI NWIINV Ili 11111 CC; PLC P/If10>, APPI-. 4/n/19 2019-1240 PL0875 VACATE USR-975 — HUNT WATER, LLC, CIO DAVID HUNT PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 27th day of March, A.D., 2018. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: da4,4)�C�lZD�t� Weld County Clerk to the Board BY: Deputy Cler to the Board APP : ' a' AS TO County A orney Date of signature: 412/i R 4478428 Pages: 2 of 2 04/03/2019 10:22 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 11111 arbara Kirkmeyer, ¢hair Mike Freeman, Pro -Tern an P. Conway tt K. James Steve Moreno 2019-1240 PL0875 MEMORANDUM To: Board of County Commissioners From: Kim Ogle, Planning Services Subject: Request for Vacate, USR-975 Date: March 27, 2019 The Department of Planning Services received a letter from the applicant, David Hunt representative for Hunt Water LLC and property owner dated March 18, 2019 requesting to vacate USR-975 a Site Specific Development Plan and Special Review permit for a veterinary clinic in the A (Agricultural) Zone District permitted in 1994 by Timothy and Paula Thompson owners of Town and Country Veterinary Clinic. The property was conveyed to David Hunt in January 2018. Mr. Hunt has a land use application in process which will be heard by the Board of County Commissioners on March 27, 2019 for a Site Specific Development Plan and Special Review Permit for Mineral Resource Development including Open Pit Mining (overburden, sand, gravel and stone) and materials processing in the A (Agricultural) Zone District. As a condition of approval, prior to recording the map, number 1.A requires the applicant to vacate USR-975 for a Veterinary clinic, as it is located within the permit boundary of the proposed gravel mine. Therefore, the applicant is requesting this case, USR-975 for a Site Specific Development Plan and Special Review permit for a veterinary clinic in the A (Agricultural) Zone District be withdrawn and vacated. The Department of Planning Services requests support of this request by the Board of County Commissioners. SERVICE, TEAMWORK, INTEGRITY, QUALITY 3121 2019-1240 PLcB15 March 18, 2019 Weld County Planning, Department 1555 N 17th Ave, Greeley, CO 80631 RE: Thompson Farm Veterinary Clinic USR-975 Vacation, related to the Hunt Water, LLC Gravel Mine, DRIBS Permit No. M-2018.027 & USR 18-0105 To Whom It May Concern; This letter is being drafted to satisfy the planning departments request to vacate USR-975 in -conjunction with filing fora new Use by Special Review Permit related to the proposed gravel mining operation. lam the present land owner and I have a signed lease to allow the previous land owner to utilize the Veterinary Clinic until January 1, 2019, at that time I wish to have USR-975 terminated. David Hunt Land Owner RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR A VETERINARY CLINIC IN THE A (AGRICULTURAL) ZONE DISTRICT - TIM AND PAULA THOMPSON 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 26th day of August, 1992, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of Tim and Paula Thompson, P.O. Box 450, Platteville, Colorado 80651, for a Site Specific Development Plan and Special Review Permit for a veterinary clinic in the A (Agricultural) Zone District on the following described real estate, to -wit: Part of the SE;, Section 6, Township 3 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, Paula Thompson, said applicant, was present, and WHEREAS, Section 24.4.2 of the Weld County Zoning Ordinance provides standards for review of said Special Review Permit, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, has studied the request of the applicant and the recommendations 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 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24.4.2 of the Weld County Zoning Ordinance as follows: a. The proposed facility is consistent with the Weld County Comprehensive Plan's Urban Growth Boundary and Agricultural Goals and Policies. This use is within the Urban Growth Boundary of the Town of Platteville. The Platteville Planning Commission has reviewed this application and indicated that it is consistent with its comprehensive plan. The Agricultural Goals and Policies of the Weld County Comprehensive Plan support agricultural activities and uses dependent upon agriculture in the A (Agricultural) Zone District. This use is directly dependent upon the agricultural industry. PL0875 920814 SPECIAL REVIEW PERMIT - THOMPSON PAGE 2 b. This use is an agricultural service establishment which is listed as a use by special review in the A (Agricultural) Zone District. c. The attached Development Standards and Conditions of Approval will ensure that the proposed use is compatible with future land uses and existing land uses which include a road maintenance facility, rural residences, and agricultural production. d. The applicant has demonstrated a diligent effort to conserve productive agricultural land. The proposed Special Review area is located on a portion of the farm where it is more difficult to irrigate and raise crops efficiently because of short rows. e. No overlay districts affect the site. f. Special Review Permit Development Standards will provide adequate protection of 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 for a Site Specific Development Plan and Special Review Permit for a veterinary clinic in the A (Agricultural) Zone District on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 1. The attached Development Standards for the Special Review Permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's Office within 15 days of approval by the Board of County Commissioners. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. Prior to recording the Special Review plat map, the applicant shall: a. Submit evidence to Weld County Environmental Protection Services and the Department of Planning Services that the facility is in compliance with the Colorado Guidelines for Feedlot Runoff Containment. b. Submit evidence that any required emissions permit has been obtained from the Air Pollution Control Division, Colorado Department of Health, for fugitive dust and odors. 920814 SPECIAL REVIEW PERMIT - THOMPSON PAGE 3 4. Prior to scheduling this request before the Board of County Commissioners: a. The applicant shall submit evidence to the Department of Planning Services that a plan for disposal of run-off pond effluent has been approved by Weld County Environmental Protection Services. b. The applicant shall provide evidence to the Department of Planning Services staff that an access permit has been obtained for the proposed use from the State of Colorado, Division of Highways. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 26th day of August, A.D., 1992. ATTEST: Weld County Clerk to the Board / 7/ i r // J` --'-'-'.1,--1., f r ,.• rC Deputy Clerk to the Board . BY: APPROVED AS T(/FORM: C �? AP County Attorney BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ge Kennay, Chairman Constance L. Harbert, Pro-Tem C. W. Kirby Gor Lac" W. H. Webste Q 920814 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS TIM AND PAULA THOMPSON USR-975 1. The Site Specific Development Plan and Special Review Permit is for a veterinary clinic in the A (Agricultural) Zone District as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated herein. 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. 3. The property owner shall remove, handle, and stockpile manure from the livestock area in a manner that will prevent nuisance conditions. The manure piles shall not be allowed to exist or deteriorate to a condition that facilitates excessive odors, flies, insect pests or pollutant runoff. The manure storage site shall have a water -tight surface which does not permit seepage or percolation of manure pollutants into the ground. The runoff pond effluent shall be disposed of by applying it to the balance of the property which is in agricultural production or by other methods approved by the Weld County Health Department. 4. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 5. No permanent disposal of wastes shall be permitted at this site. 6. Wood shavings, sawdust, and waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 7. Fugitive dust shall be controlled on this site. 8. Adequate toilet facilities shall be provided for the proposed facility and shall be installed and maintained in accordance with Weld County Individual Sewage Disposal Regulations. 9. The septic system shall be designed by a Colorado Registered Professional Engineer according to Weld County Individual Sewage Disposal Regulations. 10. Clinic traffic shall access the property from Highway 60 only. No access from Highway 85 is allowed. The property shall be maintained in a manner consistent with the approved access permit issued by the State of Colorado Division of Transportation. 11. All construction on the property shall be in accordance with the requirements o€ -the -Weld-County -Building Code Ordinance. 920814 DEVELOPMENT STANDARDS - THOMPSON PAGE 2 12. All signs on the property shall be maintained in compliance with Section 42.2 of the Weld County Zoning Ordinance. 13. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 14. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 15. Personnel from the Weld County Health Department and Weld County Department of Planning Services 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 Development Standards stated herein and all applicable Weld County Regulations. 16. The Special Review area shall be limited to the plans shown herein and governed by the foregoing Standards and all applicable Weld County Regulations. Major 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 Planning Commission and the 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. 17. 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. 920814 AS2388215 ENV 363i B 1441 REC 02388215 05/12/94 15:53 $10.00 1/001 F 1358 MARY ANN PEUERSTEIN CLERIC & RECORDER WELD CO. CO ..___ .. ..... __ sift SPECIFIC n010L00000T Pim SPwLanlaw PBREM I PLOPPvr STS005 TM MePAM TamRs00 MIKT3 B ZS 1. the La Specific eomalege at Plan eon 0p.e10A Oat00 heat it far a ...tom clinic te is A (yrru100001l Sea S.M. as ...m8 in Cha app41acim material. on ft. in the eesseer.1 Planate...1m end emh0aet 1r. the Develepeat Standar. atahe iseeae. h. MOM of Ms plan 550001.0 50 a Cha NN Monty math • vwae} aroperty right perm.. m a. The property mow p.r.pctl fovea huWllra MAW. maMRr 4A is M.O. area in . year that 0111 ',coarse rmbca Ahdlti°l. >w • piles shall eM 0110000 to exist or d..1e be is . 0.Wletan that feeilitec0e en mewl,e odor.. flies. tosose 80000 or gedl aaeK. M. mm storage stet shall have a 00ter•etpt surfs. net permit seepage or percolation of mere pollutants tole Me hem . the rrmoil. mad ePfluel shall be disposed of by erelre. it m Om balm. df the proper. ai. Ss M agricultural predurti00 or by other set*gs approved by 110.5414 Misty Beal. Dpartaet. e. all 11014 and .01ut east. shall ha Brag lad 0 4 nor ay.l 014°0.1 is a moor that roeecu against lerW.0d gm ertimer neMmsi 1500. 3. 00 m a utt Neetst of am th*T 601$46ius at ear sir..y�_ 1. woe atom. oast. an4 mtematoOMMIetthbo 3, sed Meese of in maser that callrem a NON. Mite 100 . aM ether menial Mete... mations. T. region, dust welt O:a Martell. as mis11 . - S. Adequate toilet 4001150. shall heaNWif3 .lull ho lmatelled and 0.100. .0 9 Individual arat. DIspe..l Remade.. 9. The septic system 05.11 be designed by a Colorado Registered ProfeaeSpr. Engineer accor41n1 to Veld County Individual Savage Disposal 'Mule...._ 1.16LD G1U0117' pip. f VIGINJrrY t-1AF, 4C.°.h-0- 4E'/4 oP Secllovi 6, 10WelWtP 3 14oR'N4 (2.114[16 66,148 -LT oP 1041 (a rmJi1.o 0a -N Gu.SSI P,t1ATIDIJ 1 B24 , JULBSBUM. SANDY W4•M, o -I% SL°PS .'.'1.14 :Ha it. CM. MCP. Shall armour the edeOce.: dr. ®ahvly sr. mete. 30 1100.0 from MM. SR is allowed. The property vhall 8e mai0ta:wd ls. 1 acmes 000aiste. Pith the approved, mess parole leseet by the State of Colorado Division of 100001O,011100. All constrtatioa of the property 1011 e. fa accordance with Cha requirements of rho Meld Canty Wile.. 6i eralwnce. all AM se the property shall be aivreird y u4Manu' with Section 4.IIa0 0* Maid Co <1 Zoo.orlmanc.. th8 ati[aolatMPipethHRaaa11 ►respalDle for 1 950114 Mat! the Mellharty ggndaeas of RTti°h real at MOM 4mq Owing ordnance. la. the prep.rty saner or opera. 01.11 Se col mseeh for oselylag HM tae .option Mader. of 4R03an 550.6 O eY Meld mom Zonis. 0Niaemam. 53. Persaaol Era the Mb Mom eat. 00000 ma Y 4.14 Gsa0 or att®st of months tale= Men be grated mLrat^mlpeWe propety at any reasonable Me he emir to some the aterMee urtlad oat at she property coml. ei i tea 00,01.5.00 Stomas Sub S 155005 ma ail applicable woe Oa.¢Yr.l�tlwe. ; M. M sp.dhl sale area Mallhe iteit.0 to .e plan therm stele me {{woo mad by la erin. Stealer. ad ell .pl£eahl. Mete tames l.avlaelwe. Merin. tinter .anaea Eros the mates or Dave Suraad0 as hem or et..W .011 Rqulte W aryMlai of a madaot of the Pat y .e Meta Canty Plaani05 Comisaion d eh. Amib of ems. C0 0.510 Mform such changes ft. the plan yr a.agopamar SUM. . am mega.M. Any other cheeses snail he filed 3e Th. 9911.99 of the aepersmt of 215000 a Services. 1y. 7he property owner or operator shall :e re0pn0i010 for oam11SD8 0111 .11 of the fer.e814 Develops. seadtra. Rav°mpll Sea 0101 any of Me ferngo5nglbaelaap0e1 Standar... be raga. for revocation of the Permit by the 0.04 of Get. 01..t.0050, 13- l3. ton 4.916 sec nose 5 __ c \}\ J I\ . r W A00 J E 1 \ \ • N PASTEw.Y ;to' f: 5CALEB= I".loo.o' USR- 975 PLANNING COMMISSION CER1'IPICATION This is to certify that the Weld County Planning Commission has certified and does hereby recommend to the Board of County Commissioners. Weld County, Colorado for their confirmation, approval and adoption of this Site Specific Deve,opment Pleasand( Use by Special Review as shown and described hereon this �_ day of (tirt-eSypA. , Weld Co ty Plinking BOARD OF COUNTY COMMISSIONERS CERTIFICATION This is to certify that the Board of County Commissioners, Weld County. Colorado does hereby confirm and adopt this Site Specific Development Plan and Use b Special Review and Development Standards as shown and described hereon this aa— day of $o fp.¢, , 192'1. Cha roan, Boar• of County Comm one r ATTEST: Weld /County Clerk to the Board BY: 1. "ON ,0C jl Deputy Clark to the Boa PROPERTY OWNER'S APPROVAL D 'tad: 4— 9—IA- Th0 undersigned major property o er(s) do hereby agree to the Site Specific Development Plan and Use bSpe'cC1•al Review Devel nt Standards as described he on Ohio day of i*t Qt' AA., 19 PROPERTY DESCR PITON • A parcel offend fairy* pert of 5110 Southeast Quarter (S11/4) of Section Six (X Township Three (3).Nonh, Range Sixty-six (66) Welt of the Sixth Principal Meridian (6th P.M ),County of Weld, Siete of Colorado and being more paltirwlady described as follows:. BEGINNING at the East Quarter Coker 'of said Section 6 and assuming the Felt line of mid SEI/4 as bearing South 00°33' Rest as deselibed in Met document as recorded November 27, 1957 in Book 1490 on Page 446 of the records of the Weld County Clerk and Recorder; MI: THENCE South 00°33' East along said East line a distance of 629.6 feet to point on the NorthwesterlyRighl•Of-Way (ROW) line 118. Highway 985; (1 . THENCE South 40°54' West along avid NorthwatMy ROW line of U.S. Highway 985 a distance of 791.0 foes; VI THENCE North 00°33• West para8d.with the East Use of said SEI/4 to a point on the North line of said SEIM; 94: THENCE Easterly along the North line of said SE1/4 a distance of 520 fen, more or less to the POINT OF BEGINNING. Said described parcel of land contains 11.1 acres, more or less and is subject to any rights -of -way or other easements as granted or reserved by iimtroeoents of record or as now mating on said desen'bed on said parcel of land. SURVEYOR'S CERTIFICATE ' I, Charles, B. bones, a Colorado Registered Professions I Lead Surveyor do hereby state riot this Property Description was prepared under my perronel : tier:Maion and that it is me and soma to the beet of my knowledge, information, belie{ and in.ny profrssiond opinion. blades B. Solon Colorado Registered [.and Surveyor 822098 PR -O os!.o I-Jekl IJIG FORS 'TO ki SE W �•JARY GL N Ir' /P92 GATES` H A E EN 11 05 4 µWY 6O pL A'T1 eve t.l_E , c0LaO AOo 1P5Ot' 1245 PEARL STREET BOULDER,CO 80302 Com mission mmission Hello