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HomeMy WebLinkAbout20130146.tiffPlanner: Case Number: Applicant: Authorized Agent: Site Address: Request: LAND USE APPLICATION SUMMARY SHEET Chris Gathman USR12-0062 RF HOLDINGS LLC Tim Naylor - AGPROfessionals 21770 County Road 30, Hearing Date: December 19, 2012 A Site Specific Development Plan and Use by Special Review Permit for a use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial zone districts (manufacturing, fabrication and painting of oil and agricultural equipment) provided that the property is not a Lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District. Legal Description: Part of the W2 of Section 26 T3N R65W & Part E2 of Section 27 T3N R65W Location: Approximately 1/2 mile south of County Road 30 and approximately 1 mile east of County Road 43. Size of Parcel: 163.24 Acres (USR Site: 12.5 acres) Parcel Number: 1213 26 000013 POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit are listed in Section 23-2-220 of the Weld County Code. The Department of Planning Services' staff has received responses from the following agencies: Without Comments: Weld County Zoning Compliance, referral response received September 12, 2012 Colorado Parks & Wildlife, referral response received September 27, 2012 Weld County Sheriff's Office, referral response received September 14, 2012 With Comments: Weld County Public Works Department, referral response received September 25, 2012 Weld County Department of Public Health & Environment, referral response received October 11, 2012 Weld County Department of Building Inspection, referral response received September 29, 2012 The following agencies have not responded: Colorado Division of Water Resources Colorado Department of Public Health & Environment Platteville Fire Protection District Platte Valley Soil Conservation District USR12-0062, RF Holdings, Page 1 SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW COLORAL Planner: Case Number: Applicant: Authorized Agent: Site Address: Request: Chris Gathman USR12-0062 RF HOLDINGS LLC Tim Naylor - AGPROfessionals 21770 County Road 30, Hearing Date: December 19, 2012 A Site Specific Development Plan and Use by Special Review Permit for a use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial zone districts (manufacturing, fabrication and painting of oil and agricultural equipment) provided that the property is not a Lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District. Legal Description: Part of the W2 of Section 26 T3N R65W & Part E2 of Section 27 T3N R65W Location: Size of Parcel: Parcel Number: Approximately 1/2 mile south of County Road 30 and approximately 1 mile east of County Road 43. 163.24 Acres (USR Site: 12.5 acres) 1213 26 000013 SUMMARY: The applicant is proposing to allow Big Boy Manufacturing to operate a manufacturing, fabrication and painting of oil and agricultural equipment facility on a 12.5 acre parcel. The facility is to be located in the middle of property owned by RF Holdings approximately 'A mile south of County Road 30. The proposed access is via an existing access road off of County Road 30 that accesses the site via 30 - foot non-exclusive access easement from RF Holdings to Big Boy Manufacturing that was recorded in 2009. This application is to address a zoning complaint (COMP12-00108) for not having the necessary land use permits before operating a commercial business. This complaint was initiated by a citizen. THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST 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. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 23-2-220 of the Weld County Code as follows: A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. USR12-0062, RF Holdings, Page 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." Section 22-2-20 I. A.Goal 9. States: "Reduce potential conflicts between varying land uses in the conversion of traditional agricultural lands to other land uses." Section 22-2-20 1.3. A.Policy 9.3. States: "Consider mitigation techniques to address incompatibility issues. Encourage techniques and incentives, such as but not limited to clustered development and building envelopes, to minimize impacts on surrounding agricultural land." 22-2-100 A.2. OG.Policy 1.2. states: "Oil and gas support facilities which do not rely on geology for locations should locate in commercial and industrial areas, when possible, and should be subject to review in accordance with the appropriate sections of this Code." The site is located 'A mile south of County Road 30 and approximately 'A mile from the nearest single family. The Department of Planning Services is requiring a screening plan and lighting plan as a condition of approval of this application. Additionally, several development standards are proposed (such as requiring the applicant to adhere to county noise requirements...) to ensure compatibility with existing surrounding land uses. B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the Agricultural (A) Zone District. Section 23-3-40.S of the Weld County Code allows for use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or industrial zone districts provided that the property is not a Lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions as a Use by Special Review in the A (Agricultural) Zone District. C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The proposed use is located in a rural area adjacent to an existing composting facility to the south permitted under AMUSR-1276. The nearest residence is located approximately 'A mile from the site. No phone calls, e -mails or correspondence has been received from surrounding property owners in regards to this case. However, this application is to address a zoning complaint (COMP12-00108) for not having the necessary land use permits before operating a commercial business. This complaint was initiated by a citizen. The Department of Planning Services is requiring a screening plan and a lighting plan as conditions of approval for this application. Additionally, several development standards are proposed (such as requiring the applicant to adhere to county noise requirements...) to ensure compatibility with existing surrounding land uses. D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. This site is not located within a 3 -mile referral area of any municipality nor is it located within any existing Intergovernmental Agreement Area (IGA) of a municipality. USR12-0062, RF Holdings, Page 3 E. Section 23-2-220.A.5 -- The application complies with Article V of the Weld County Code. The existing site is within the County Road Impact Fee Area and the Capital Expansion Impact Fee area. Effective April 25, 2011, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2011- 2) Effective April 25, 2011, Building Permits issued on the proposed lots, will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance 2011-2) F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The site is identified as "Irrigated Non Prime" and "Other" according to the Prime and Important Farmlands Map of Larimer and Weld Counties. G. Section 23-2-220.A.7 — There are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. Prior to recording the plat: A. The applicant shall address the requirements (concerns) of Weld County Department of Building Inspection, as stated in the referral response dated September 29, 2012. The applicant shall submit a complete change of use building permit application for buildings utilized in conjunction with the business (including the onsite modular residence/office). Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Building Inspection) B. The applicant shall submit evidence of an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit application from the Air Pollution Control Division, Colorado Department of Health and Environment, if applicable. Alternately, the applicant can provide evidence from the APCD that they are not subject to these requirements. (Department of Public Health and Environment) C. In the event washing of vehicles and equipment will occur on site the applicant shall ensure that any vehicle and equipment washing area(s) shall capture all effluent and prevent discharges from the washing vehicles and equipment in accordance with the Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection Agency. Vehicle and equipment washing areas should be designated on the plat. (Department of Public Health and Environment) D. The applicant shall submit an updated waste handling plan, for approval, to the Environmental Health Services Division of the Weld County Department of Public Health & Environment. The waste handling plan shall include procedures for cleanup and disposal of spilled paints, solvents and other hazardous materials. Include storage, removal and disposal or recycling of any scrap metal or scrap equipment parts, along with the waste handlers and disposal or recycling facilities for scrap metal and scrap parts. (Department of Environmental Health) USR12-0062, RF Holdings, Page 4 E. The applicant shall submit to the Department of Planning Services with a Lighting Plan for review and approval. (Department of Planning Services) The applicant shall enter into an Improvements Agreement and post collateral for all on - site improvements. The improvements agreement and collateral shall be accepted by the Board of County Commissioners prior to recording the plat. (Department of Planning Services) G. The applicant shall submit a screening plan (to address screening of outdoor storage of equipment, raw materials and finished materials associated with the business) to the Department of Planning Services for review and approval. (Department of Planning Services) H. A sign plan (if any signs are proposed) shall be submitted for review and approval by the Department of Planning Services. Signs shall adhere to the requirements of the (Department of Planning Services) The plat shall be amended to delineate the following: 1. All sheets of the plat shall be labeled USR12-0062 (Department of Planning Services) 2. The attached Development Standards. (Department of Planning Services) 3. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. (Department of Planning Services) 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 properties. These areas shall be designed and used in a manner that will prevent wind or animal scattered trash. (Department of Planning Services) 5. Identify the location of outdoor storage of equipment, raw materials and finished materials associated with the business. (Department of Planning Services) 6. The approved screening plan for the outdoor storage of equipment, raw materials and finished materials associated with the business. (Department of Planning Services) 7. This easement or right-of-way for access to the property should be identified on the plat with the recording number and date. (Department of Public Works) 8. The applicant is indicating that the site will be bermed to contain runoff. Show and label this area as water quality capture feature (WQCF). (Department of Public Works) 9. Show the approved access on the plat and label it with the approved access permit number (AP#12-00351). (Department of Public Works) 10. The plat shall delineate the approved Lighting Plan. (Department of Planning Services) 11. The approved sign plan (if applicable). (Department of Planning Services) 12. The off-street parking spaces including the access drive shall be surfaced with gravel, asphalt, concrete or the equivalent and shall be graded to prevent USR12-0062, RF Holdings, Page 5 drainage problems. (Department of Public Works) 2. Upon completion of #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 of the paper copies 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' Staff. 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 sixty (60) days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) 3. In accordance with Weld County Code Ordinance 2006-7 approved June 1, 2006, should the plat not be recorded within the required thirty (30) days from the date the Board of County Commissioners resolution a $50.00 recording continuance charge shall added for each additional 3 month period. (Department of Planning Services) 4. The Department of Planning Services respectively requests the surveyor provide a digital copy of this Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). Thisdigitalfilemaybesenttomaps@co.weld.co.us. (Department of Planning Services) 5. Prior to the issuance of the Certificate of Occupancy: A. An individual sewage disposal system is required for the proposed facility and shall be installed according to the Weld County Individual Sewage Disposal Regulations. (Department of Public Health and Environment) B. The septic system is required to be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. (Department of Public Health and Environment) 6. 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. (Department of Planning Services) USR12-0062, RF Holdings, Page 6 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS RF HOLDINGS USR12-0062 1. A Site Specific Development Plan and Special Review Permit for a use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or industrial zone districts (manufacturing, fabrication and painting of oil and agricultural equipment) provided that the property is not a Lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. The number of on -site employees shall be limited to nineteen (19) as stated in the application materials. (Department of Planning Services) 4. The hours of operations shall be limited to 6:00 am — 7:00 pm Monday — Saturday as stated in the application materials. (Department of Planning Services) 5. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 6. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health and Environment) 7. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The applicant shall operate in accordance with the approved "waste handling plan", at all times. (Department of Public Health and Environment) 8. 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. (Department of Public Health and Environment) 9. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and Environment) 10. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges in accordance with the Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection Agency. (Department of Public Health and Environment) 11. 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 stored secure, on an impervious surface, and in accordance with manufacturer's recommendations. (Department of Public Health and Environment) USR12-0062, RF Holdings, Page 7 12. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of the facility, at all times. (Department of Public Health and Environment) 13. 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. (Department of Public Health and Environment) 14. This application is proposing a well(s) as its source of water. The applicant should be made aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. We strongly encourage the applicant to test their drinking water prior to consumption and periodically test it over time. (Department of Public Health and Environment) 15. In the event the facility's water system serves more than 25 persons on a daily basis the water system shall comply with the Colorado Primary Drinking Water Regulations (5 CCR 1003-1). Evidence shall be provided to the Weld County Department of Public Health and Environment that the system complies with the Regulations. (Department of Public Health and Environment) 16. The operation shall comply with the Occupational Safety and Health Act. (OSHA) (Department of Public Health and Environment) 17. Buildings and structures shall conform to the requirements of the various codes adopted at the time of permit application. Currently the following has been adopted by Weld County: 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. (Department of Building Inspection) 18. 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 registered State of Colorado engineer shall be required or a open hole inspection. (Department of Building Inspection) 19. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) 21. Effective April 25, 2011, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2011-2) 22. Effective April 25, 2011, Building Permits issued on the proposed lots, will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance 2011-2) 23. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 24. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 25. 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 constructed as traffic control devices. (Department of Planning Services) USR12-0062, RF Holdings, Page 8 26. The lighting on site shall be maintained in accordance with the approved lighting Plan. (Department of Planning Services) 27. The Screening on site shall be maintained in accordance with the approved Screening Plan. 28. Should 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, pursuant to Chapter 15, Articles I and II of the Weld County Code. (Department of Public Works) 29. 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. 30. The right-of-way or easement shall be a graded and drained road to provide an all-weather access. (Department of Public Works) 31. The 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. 32. 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. 33. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5- 102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. USR12-0062, RF Holdings, Page 9 Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. USR12-0062, RF Holdings, Page 10 November 26, 2012 DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.co.weld.co.us E-MAIL: cgathman@co.weld.co.us PHONE: (970) 353-6100, Ext. 3537 FAX: (970) 304-6498 Tim Naylor AGPROfessional, LLC 4350 State Highway 66 Longmont, CO 80504 Subject: USR12-0062 - A Site Specific Development Plan and Use by Special Review Permit for a use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or industrial zone districts (manufacturing, fabrication and painting of oil and agricultural equipment) provided that the property is not a Lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District. On parcel(s) of land described as: PT OF THE W2 SECTION 26 AND PART OF THE E2 SECTION 27, ALL IN T3N, R65W of the 6th P.M., Weld County, Colorado. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on December 18, 2012, at 1:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on January 16, 2013 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members or Board of County Commissioners may have. Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld County Planning Department with written certification indicating the above requirement has been met. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission and will be included in the staff report one week prior to the scheduled Planning Commission hearing. You may view the staff report at www. weldcou ntvpla n n incases. orq If you have any questions concerning this matter, please call. Respectfully, Digitally signed by Kristine Ranslem Reason: I am the author of this document Date: 2012.11.26 10:39:26 -07'00' Chris Gathman Planner DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.co.weld.co.us E-MAIL: cgathman@co.weld.co.us PHONE: (970) 353-6100, Ext. 3537 FAX: (970) 304-6498 September 12, 2012 Tim Naylor AGPROfessionals, LLC 4350 State Highway 66 Longmont, CO 80504 Subject: USR12-0062 - A Site Specific Development Plan and Use by Special Review Permit for a use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or industrial zone districts (manufacturing, fabrication and painting of oil and agricultural equipment) provided that the property is not a Lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District. On parcel(s) of land described as: PART W2 SECTION 26, T3N, R65 & PART E2 SECTION 27, T3N, R65W of the 6th P.M., Weld County, Colorado. Dear Applicants: Your application and related materials for the request described above are complete and in order at this time. I will schedule a meeting with you at the end of the review period to discuss the referral comments received by our office. If you have any questions concerning this matter, please call. Respectfully, pt �lva s� Chris Gathman Planner Digitally signed by Kristine Ranslem Reason: I am the author of this document Location: 1555 N 17th Ave Date: 2012.09.12 11:42:49 -06'00' FIELD CHECK inspection dates: 11/30/2012 APPLICANT: RF HOLDINGS LLC CASE #: USR12-0062 REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial zone districts (manufacturing, fabrication and painting of oil and agricultural equipment) provided that the property is not a Lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District. LEGAL: Part of the W2 of Section 26 T3N R65W & Part E2 of Section 27 T3N R65W. LOCATION: Approximately 1/2 mile south of County Road 30 and approximately 1 mile east of County Road 43. PARCEL ID #: 1213 26 000013 ACRES: 163.24 Acres (USR Site: 12.5 acres) Zoning Land Use N A N Rural Land E A E Rural Land S A S Rural Land/composting facility W A W Rural Land COMMENTS: Existing buildings and oil and gas operation on site. Composting facility located to the south of the site. A Chris Gathman - Planner III Hello