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
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• 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.
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is a moor that roeecu against lerW.0d gm ertimer neMmsi 1500.
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Division of 100001O,011100.
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requirements of rho Meld Canty Wile.. 6i eralwnce.
all AM se the property shall be aivreird y u4Manu' with Section
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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. ;
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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
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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
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