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Home My WebLink About20121464.tiff RESOLUTION RE: APPROVE MINOR AMENDMENT, MUSR11-0002, FOR SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL REVIEW PERMIT #1638 - BARTEZ, LLC WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 11th day of June, 2012, at the hour of 9:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of Bartez, LLC, P.O. Box 888, Longmont, Colorado 80502, for a Minor Amendment to the Site Specific Development Plan and Use by Special Review Permit#1638 for a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (truck parking, maintenance and office), including the addition of a fueling station, additional outside employee parking and vehicles utilized for non-agricultural uses, a living fence for screening, and three cargo containers for storage, in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: Lot B of Recorded Exemption, RE-3975; being part of the NE1/4 of Section 17, Township 2 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, at said hearing, the applicant was present and represented by Jay Holmes, and WHEREAS, Section 23-2-285 of the Weld County Code provides standards for review of said Minor Amendment, 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 Planning Services staff 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 23-2-285.J of the Weld County Code. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 23-2-285.C of the Weld County Code as follows: a. Section 23-2-285.C.1 -- The proposed changes will be compatible with existing and allowed uses in the surrounding area and be in harmony with the neighborhood. The facility has been operating from this location since 2008; however, the use of the site has not been in compliance as stated in the narrative. The surrounding properties to the north, south, east and west are zoned A (Agricultural) and are primarily utilized for large tract agricultural uses. Further, the site is located within three miles of the city of Fort Lupton and is generally located in an area with Industrial activities, C L rl okt,vJ 2012-1464 I-la. PL1952 MINOR AMENDMENT, MUSR11-0002 (USR-1638) - BARTEZ, LLC PAGE 2 e.g., County Road 22 is utilized for truck traffic for the nearby oil and gas facilities and existing commercial and industrial facilities all permitted under Use by Special Review Permits [(North) SUP-281 for a natural gas compressor station; and USR-1746 for White Bear Management, LLC - operators of a propane storage and off-load service yard; one half mile to the east is USR-1758 for a Roust-A-Bout oil field business]. There are sixteen parcels within 500 feet of this existing facility. Section 23-2-240.A.10 of the Weld County Codes states, ". . . that buffering or screening of the proposed use from adjacent properties may be required in order to make the determination that the proposed use is compatible with the surrounding uses." As a Condition of Approval, the applicant will be required to screen the use from adjacent properties and public rights-of-way. b. Section 23-2-285.C.2 -- The proposed change(s) is consistent with the County Comprehensive Plan, pursuant to Chapter 22 of the Weld County Code. 1) Section 22-2-80.F ((.Goal 6) states, "Minimize the incompatibilities that occur between industrial uses and surrounding properties." Further, Policies 6.1, 6.2, and 6.4 address physical and visual compatibility issues. 2) Section 22-2-80.F ((.Goal 6.1 and (.Policy 6.1) states, "Consider the compatibility with surrounding land uses and natural site features." 3) Section 22-2-80.F ((.Goal 6.2 and (.Policy 6.2) states, "Support the use of visual and sound barrier landscaping to screen open storage areas from residential uses or public roads." 4) Section 22-2-80.F ((.Goal 6.4 and (.Policy 6.4) states, "Ensure that industrial properties are free of derelict vehicles, refuse, litter and other unsightly materials." 5) Section 22-2-100.E (C.Goal 5) states, "Minimize the incompatibilities that occur between commercial uses and surrounding properties." 6) Section 22-2-100.E.1 (C.Policy 5.1) states, "Consider the compatibility with surrounding land uses and natural site features addresses compatibility of site use with potential impacts to adjacent and surrounding properties." The current land use permit was approved utilizing Section 23-3-40.R of the Weld County Code which provides for a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone District. The Minor Amendment proposed herein will address the addition 2012-1464 PL1952 MINOR AMENDMENT, MUSR11-0002 (USR-1638) - BARTEZ, LLC PAGE 3 of a fueling station, additional outside employee parking and vehicles utilized for non-agricultural uses, a living fence for screening, and three cargo containers for storage in the A (Agricultural) Zone District. Further, the use of visual and sound barrier landscaping, including the use of opaque fencing to screen open storage areas from residential uses or public roads, will be employed. These mitigation techniques will ensure that the property is free of derelict vehicles, refuse, litter, and other unsightly materials, or screened from adjacent and surrounding properties. Many of the current site features were not specifically addressed in the initial hearing, and hence will require review through this Minor Amendment application. c. Section 23-2-285.C.3 -- The proposed change(s) will not result in a substantial adverse impact on the other properties in the vicinity of the subject site. Property owners within 500 feet were notified of the requested amendment and staff has received more than five telephone calls from two adjacent property owners to the north with concerns of the activities on the site. Staff received calls before the amendment and during the referral period of the amendment to the current land use permit. One letter was received from an adjacent property to the east with concerns of trash blowing onto the property, noise from equipment, traffic, site odors, and dust. d. Section 23-2-285.C.4 -- The recommendations of the referral agencies have been considered. The attached Development Standards address the requirements of the referral agencies. e. Section 23-2-285.C.5 -- The proposed change(s) is not deemed to be a major change. Due to unforeseen circumstances with construction of the facility and the unchanged permitted activities associated with both the site and the existing permit, the Department of Planning Services determined that an amendment was not required; rather, a Minor Amendment to the permit to address specific Conditions as noted in Staff's Administrative Review. Several site conditions presented themselves during the construction of the office/shop building resulting in a non-compliant plat of record for the as-built condition. This Minor amendment application seeks to address these issues, specifically the additional uses including the addition of a fueling station, additional outside employee parking, and vehicles utilized for non-agricultural uses, a living fence for screening, and three cargo containers for storage. f. Section 23-2-285.C.6 -- The proposed changes must be consistent with the original Development Standards. The proposal is consistent with the previously approved permit. This Minor Amendment addresses unforeseen site development issues and addresses all of the current operations. Previously, the site was permitted as a Site Specific Development Plan and Use by Special Review Permit#1638 for a Use by Right, Accessory Use, or Use by Special Review in the Commercial or 2012-1464 PL1952 MINOR AMENDMENT, MUSR11-0002 (USR-1638) - BARTEZ, LLC PAGE 4 Industrial Zone District (truck parking, maintenance and office). This Minor Amendment seeks to include the addition of a fueling station, additional outside employee parking and vehicles utilized for non-agricultural uses, a living fence for screening, and three cargo containers for storage in the A (Agricultural) Zone District. Further, the issue of site compatibility to adjacent properties and public rights-of-way is addressed as all non-agrian vehicles and commercial activities shall be screened for compliance with Section 23-2-240.A.10 of the Weld County Code. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Bartez, LLC, for a Minor Amendment, MUSR11-0002, to the Site Specific Development Plan and Use by Special Review Permit#1638 for a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (truck parking, maintenance and office), including the addition of a fueling station, additional outside employee parking and vehicles utilized for non-agricultural uses, a living fence for screening, and three cargo containers for storage, in the A (Agricultural) Zone District, on the parcel of land described above be, and hereby is, granted subject to the following conditions: 1. The plat shall be amended to delineate the following: A. All sheets of the plat shall be labeled MUSR11-0002. B. The USR boundary will encompass the entire area associated with Lot B of RE-3975. C. The attached Development Standards. D. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. E. Add the following signature block: "BCC Approval". 2. Prior to Recording the Plat: A. The Department of Public Works, in the referral dated November 30, 2011, identified the following items that need to be added to the plat drawing prior to recording the MUSR11-0002 plat: 1) County Road 22 is designated on the Weld County Road Classification Plan as an arterial road, which requires 140 feet of right-of-way at full buildout. There is presently 60 feet of right-of-way. An additional 40 feet shall be delineated on the plat as future County Road 22 right-of-way. All setbacks shall be measured from the edge of future right-of-way. The applicant shall verify the existing right-of-way and the documents creating the right-of-way, by Book and Page and/or Reception Number, 2012-1464 PL1952 MINOR AMENDMENT, MUSR11-0002 (USR-1638) - BARTEZ, LLC PAGE 5 and this information shall be noted on the plat. If the right-of-way cannot be verified, it shall be dedicated. This road is maintained by Weld County. 2) A Weld County Road Access Permit Application Form is included in the packet. It will be required for all new roads, driveways, or other means of providing ingress or egress to lands adjoining County rights-of-way. The Application form shall be completed by the property owner to be accessed from a County road or his/her duly authorized agent, as evidenced by written documentation. 3) The approved access shall be shown on the plat and labeled with the approved Access Permit Number(AP#). 4) Off-street parking spaces, including the access drive, shall be surfaced with gravel, asphalt, concrete or the equivalent and shall be graded to prevent drainage problems. There is an existing cattle guard associated with the access drive. This should remain in place as a part of the vehicle tracking pad configuration. B. The Weld Count Department of Public Health and Environment, Environmental Health Division, in the referral dated December 6, 2011, identified the following items for amendment, including specific requirements "Prior to Recording the plat", further, the Development Standards will have updated language: 1) The applicant is proposing to install a fueling station. Based on the original USR-1638, there were two aboveground diesel fuel tanks proposed, and an aboveground storage tank registration application was submitted to the Colorado Division of Oil and Public Safety. The size of the fuel tanks was not documented on the application. Also, there is no information whether the aboveground storage tanks are located in a containment area. A Spill Prevention, Control and Countermeasure Plan (SPCC) may be required. If a SPCC Plan is not required, then the existing Waste Handling Plan shall be revised to include spill control/containment, cleanup, and disposal of spilled fuels and other hazardous materials used in the operation. 2) The applicant shall submit a Dust Abatement Plan, detailing on site dust control measures, for review and approval, to the Environmental Health Services Division of the Weld County Department of Public Health and Environment. 3) A signed copy of the Spill Prevention, Control and Countermeasure Plan (SPCC) shall be provided to the Environmental Health Services Division of the Weld County Department of Public Health and Environment. In accordance 2012-1464 PL1952 MINOR AMENDMENT, MUSR11-0002 (USR-1638) - BARTEZ, LLC PAGE 6 with Section 3-6-1 of the Colorado Department of Labor and Employment, Division of Oil and Public Safety, Storage Tank Regulations (7 C.C.R. 1101-14) as well as EPA regulations (40 CFR Part 112). 4) If a SPCC Plan is not required, then the existing waste handling plan shall be revised to include clean-up and disposal of spilled fuels and other hazardous materials used in the operation. 5) The applicant is proposing to install a fueling station. Based on the original USR-1638, there were two aboveground diesel fuel tanks proposed, and an aboveground storage tank registration application was submitted to the Colorado Division of Oil and Public Safety. The size of the fuel tanks was not documented on the application. Also, there is no information whether the aboveground storage tanks are located in a containment area. A Spill Prevention, Control and Countermeasure Plan (SPCC) may be required. If a SPCC Plan is not required, then the existing waste handling plan shall be revised to include spill control/containment, clean-up and disposal of spilled fuels and other hazardous materials used in the operation. 3. Prior to Release of Building Permits: A. Building permit applications must be completed and two complete sets of plans, including engineered foundation plans bearing a 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. B. Building permits are required for buildings, structures, and change of use for buildings which required permits before the beginning of construction. C. A building permit will be required for any new construction, alternation, or addition to any building on the property. It is recommended that a code analysis be done on the project by a design professional with experience in this area. D. 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. E. Building height shall be measured in accordance with the 2006 International Building Code for the purpose of determining the maximum 2012-1464 PL1952 MINOR AMENDMENT, MUSR11-0002 (USR-1638) - BARTEZ, LLC PAGE 7 building size and height for various uses and types of construction and to determine compliance with the Bulk Requirements from Chapter 23 of the Weld County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County Code in order to determine compliance with offset and setback requirements. Offset and setback requirements are measured to the farthest projection from the building. 4. Prior to the Issuance of Occupancy: A. The address must be placed on the business and in a position that is clearly visible from the street fronting the business. Address numbers need to be a minimum of 4 inches high, have a 3/4-inch stoke, and they need to be on a contrasting backboard. B. Fire extinguishers must be located inside all occupied buildings. Travel distance to an extinguisher in the shop area cannot exceed 50 feet and 75 feet in the business office. Extinguisher size and type need to meet the requirements of Section 906 of the IFC, and NFPA 10. C. Plans must be submitted in the future if this site is to be utilized for repair of trucks, if fuel tanks are to be installed, or if any amount of hazardous materials will be stored on the site or inside the cargo containers. D. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus. All fire apparatus access roads must have a surface to provide all-weather driving capabilities. The fire department will need to have full access to the grounds and building. E. Fort Lupton Fire Protection District must be notified by the occupant to schedule a fire safety inspection of the business prior to taking occupancy. 5. Upon completion of Conditions of Approval #1 and #2 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 the 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 shall be submitted within sixty (60) days from the date of approval by the Board of County Commissioners. The applicant shall be responsible for paying the recording fee. 6. In accordance with Weld County Code Ordinance #2006-7, approved June 1, 2006, should the plat not be recorded within the required sixty (60) days from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance charge shall added for each additional three (3) month period. 2012-1464 PL1952 MINOR AMENDMENT, MUSR11-0002 (USR-1638) - BARTEZ, LLC PAGE 8 7. The Department of Planning Services respectfully requests a digital copy of this Use by Special Review Minor Amendment, 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. 8. The Use by Special Review Minor Amendment activity shall not occur, nor shall any building or electrical permits be issued on the property, until the Use by Special Review Minor Amendment 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 11th day of June, A.D., 2012. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: � � (AYE) Sean P. Con Chair Weld County Clerk to the Board AYE P. / /Ilu li-m F. Garcia, Pro-T m BY: J7%,) Deputy Clerk to the Board NAY z Iasi 1, :y" "�.a ; irkm yer APPR D AS T : Avow �� cc/ (AYE) s1, / 1 =vid E. Long ounty Attorney i A�1 ouglas Radema er Date of signature: 1-/0-1)- 2012-1464 PL1952 SITE SPECIFIC DEVELOPMENT PLAN MINOR AMENDMENT MUSR11-0002 USE BY SPECIAL REVIEW PERMIT#1638 DEVELOPMENT STANDARDS BARTEZ, LLC 1. A Minor Amendment to a Site Specific Development Plan and Use by Special Review Permit, MUSR11-0002 (USR-1638) is for a Use by Right, Accessory use, or Use by Special Review in the Commercial or Industrial Zone District (truck parking, maintenance and office) including the addition of a fueling station, additional outside employee parking and vehicles utilized for non-agricultural uses, a living fence for screening, and three cargo containers for storage in the A (Agricultural) Zone District, and subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. 3. 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. 4. 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. 5. 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. 6. The applicant shall operate in accordance with the approved Waste Handling Plan. 7. The applicant shall comply with all provisions of the Underground and Above Ground Storage Tank Regulations. 8. Any vehicle washing area(s) 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. 9. 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. 10. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone District, as delineated in Section 25-12-103, C.R.S. 11. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of the facility, at all times. 12. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems. 2012-1464 PL1952 MINOR AMENDMENT DEVELOPMENT STANDARDS MUSR11-0002 (USR-1638) - BARTEZ, LLC PAGE 2 13. 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. 14. The Spill Prevention, Control and Countermeasure Plan shall be available on the site, at all times. 15. The operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code. 16. The source of permanent water for the facility is by a commercial well (Well Permit No. 65351-F). The applicant shall be made aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. The applicant is strongly encouraged to test their drinking water prior to consumption and periodically test it over time. 17. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the Colorado Division of Public Health and Environment, Water Quality Control Division. 18. A building permit shall be obtained prior to the construction of any new building, addition, or remodel of existing buildings. A building permit is required for change of use of any existing buildings. 19. A plan review is required for each building for which a building permit is required. Plans shall bear the west stamp of a Colorado registered architect or engineer. Two complete sets of plans are required with applying for each permit. 20. 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 Fuel Gas Code, 2011 National Electrical Code, and Chapter 29 of the Weld County Code. 21. New structures will require an engineered foundation based on a site-specific Geotechnical Report or an open hole inspection performed by a Colorado registered engineer. Engineered foundations shall be designed by a Colorado registered engineer. 22. Fire resistance of walls and openings, construction requirements, maximum building height, and allowable areas will be reviewed at the plan review. Setback and offset distances shall be determined by the Weld County Code. 23. Building height shall be measured in accordance with the 2006 International Building Code for the purpose of determining the maximum building size and height for various uses and types of construction and to determine compliance with the Bulk Requirements from Chapter 23 of the Weld County Code. Building height shall be measured in 2012-1464 PL1952 MINOR AMENDMENT DEVELOPMENT STANDARDS MUSR11-0002 (USR-1638) - BARTEZ, LLC PAGE 3 accordance with Chapter 23 of the Weld County Code in order to determine compliance with offset and setback requirements. When measuring buildings to determine offset and setback requirements, buildings are measured to the farthest projection from the building. Property lines shall be clearly identified and all property pins shall be staked prior to the first site inspection. 24. A letter of approval shall be provided to the Department of Building Inspection from the Fort Lupton Fire Protection District prior to construction of any structure. 25. If exterior lighting is proposed to be a part of this facility, all light standards shall be delineated in accordance with Section 23-3-250.B.6 of the Weld County Code. 26. 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. 27. The hours of operation are 6:00 a.m., to 6:00 p.m. 28. The property shall not have more than fifteen (15) employees on the site at any given time. 29. The application does not propose any portion of the site to be leased to another party. In the event that a portion of the building is proposed to be leased to another party in the future, the applicant shall submit a copy of the lease agreement and information regarding the proposed use of the leased portion to the Weld County Department of Building Inspection, Hudson Fire Protection District, and the Department of Planning Services for review. Based upon the proposed use and/or impacts of the leased portion, the Department of Planning Services may require an Amended Use by Special Review application. 30. Effective April 25, 2011, building permits issued on the proposed lot will be required to adhere to the fee structure of the County-Wide Road Impact Fee Program. 31. Effective April 25, 2011, building permits issued on the proposed lot will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee Programs. 32. The landscape and screening on the site shall be maintained in accordance with the approved Landscaping and Screening Plan. 33. The property owner shall allow any mineral owner the right of ingress or egress for the purposes of exploration development, completion, recompletion, re-entry, production, and maintenance operations associated with existing or future operations located on these lands. 34. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240 of the Weld County Code. 2012-1464 PL1952 MINOR AMENDMENT DEVELOPMENT STANDARDS MUSR11-0002(USR-1638)-BARTEZ, LLC PAGE 4 35. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250 of the Weld County Code. 36. 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. 37. The Use by Special Review Minor Amendment 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. 38. 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. 39. 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. 2012-1464 PL1952 1961 -2011 MEMORANDUM TO: Weld County Commissioners WEL`��' 0 NTY DATE: June 11, 2012 �.J FROM: Kim Ogle, Planning Services SUBJECT: Minor Amendment Use by Special Review MUSR11-0002 Jay Holmes c/o Bartez, LLC Timeline: • May 5, 2008 USR-1638 was approved by the Board of County Commissioners • May 19, 2009 USR-1638 Plat Recorded • 2009 8640 SF Service Garage Constructed as permitted under USR-1638 • April2011 Telephone call from Carol Gildea with concerns of outside storage April 8, 2012 Planning Letter to Mr. Jay Holmes with findings of non-compliance to Development Standards No. 1, 29, 32, 37, 38 • May 6, 2011 Electronic Mail from Mrs. Gildea requesting advisement of findings from site visit • May 11, 2011 Ogle contacted Jay Holmes, Bartez, Inc. to request meeting to discuss USR-1638 Established a July 18, 2011 date to turn in Site Plan • July 13, 2011 Electronic Mail from Mrs. Gildea requesting advisement on status of screening plan • July 21, 2011 Staff met Messrs Holmes and Glanz on site to discuss screening issues and other factors of non-compliance • July 27, 2011 Mr. Holmes drafted letter addressing how to address screening of outdoor storage components. July 30, 2011 Planning Staff determined a new Site Plan was required which will accurately delineate the current operation and operational layout. Electronic correspondence of determination sent to Holmes OL (9sa August 5, 2011 Planning Staff provided electronic correspondence of determination with Sketch to Gildea as previously sent to Holmes August 10, 2011 Electronic Mail from Ms. Gildea indicating she had taken electronic mail to Mr. Calvin. Mr. Calvin indicated that Mr. Holmes was utilizing the property as a site utilizing human waste as fertilizer and that he had contacted the Health Department with this concern. August 12, 2011 Planning responded that Mr. Mr. Holmes, President of Bartez, LLC applied for and was approved by the State of Colorado to topically apply bio-solids(wastes) onto his property. Planning directed both parties to contact Lauren Light in Environmental Health if there are any concerns or additional questions on this topic. August 18, 2011 Mr. Holmes contacted Planning Staff for Minor Amendment and Recorded Exemptions September 2011 Minor amendment submitted December 27, 2011 Surrounding Property Owner Schara Letter received January 27, 2012 Staff comments presented to Mr. Holmes for Minor amendment March 23, 2012 Ms. Gildea requested an update on the Bartez property issue noting new business was locating on County Road 22 May 9, 2012 Ms. Gildea contacted Commissioner Kirkmeyer by letter with concerns May 15, 2012 Ms. Gildea contacted Planning to notify staff that Mr. Holmes was putting up a fence and appears to be collecting equipment May 15, 2012 Planning provided Ms. Gildea with response, indicating that an opaque fence was required to screen outside storage areas. May 30, 2012 Sign posted for Notice of Land Use Hearing Remaining Outstanding Conditions of Approval: 1. Complete Conditions of Approval per MUSR11-0002, specifically addressing Living Fence; Gasboy addition; Elevation of structure; New parking configuration - north side of building; current storage containers and proposed amendment; Screening of non -farm vehicle; Bio-solids vehicle and application; Accuracy of Site Plan. 2. Submit evidence of compliance with Development Standards No. 1, 29, 32, 37, 38 Staff Recommendation: Request follow-up hearing in 3 months to provide update on compliance • v 4J ,x t).0O rd O U w O = CV ni rt H agscam + rt V • p cn u 0 r � rnro ,it rsU Z (Ti cn4_i O iv rdQ N re Vvp � � ^ v H' . E E uuN � � X f u /fir{ ,4 (t • O - a _ V a U ?Al > CA t. 4 rd re �' ft O v ,4 � � C U ' U Q' cc o b.A rd CA t ou ( � 1-I CO U ft v U O N O . 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HOOD • : 1_7r I ,_ . p1k1 : IIn11"1 !S '! 3 it „I a I L Ii gli 0 gIM - • f i1i1il9iiisisitti / a ! , a GIs sr `.oa,.w r j I �� "1 , `pct �-1 os--� kCita ≥� < : ®,� ® 4 ,_femme A ill�5y i - ,ra S! 111 ® .� a 1- �S. 4? a I Iii 0© L..,lip . _ - - . --- - - •�' w urm 1861 -2011 ,.�� LAND USE APPLICATION W E L O N T Y SUMMARY SHEET Case Number: MUSR11-0002 Hearing Date: June 11, 2012 Applicant: Bartez LLC c/o Jay Holmes Address: 3450 County Road 27, Fort Lupton CO 80621 Request: A Minor Amendment to a Site Specific Development Plan and a Special Review Permit No. 1638 for a Use by Right, an accessory use, or a Use by Special Review in the Commercial or Industrial Zone District (Truck Parking, Maintenance and Office) including the addition of a fueling station, additional outside employee parking and vehicles utilized for non-agricultural uses, a living fence for screening, and three cargo containers for storage in the A (Agricultural) Zone District. Legal Description: Lot B of RE-3975 being part of NE4 of Section 17, T2N, R66W of the 6`" P.M., Weld County, CO Location: South of adjacent of County Road 22 and approximately 0.5 miles East of State Highway 85. Size of Parcel: 92.88 +/-acres Parcel Number: 1309 17 100034 POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code. The Department of Planning Services' staff has received responses from the following agencies: Weld County Zoning Compliance, referral dated November 7, 2011 Weld County Department of Public Works, referral dated November 30, 2011 Fort Lupton Fire Protection District, referral dated December 5, 2011 Weld County Department of Public Health and Environment, referral dated December 6, 2011 City of Fort Lupton, referral dated December 9, 2011 $ Weld County Building Inspection, referral dated December 22, 2011 2012-1464 MUSR11-0002 BARTEZ, LLC C/O JAY HOLMES, PAGE 1 1861 -2011 SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW WEL•► � OUNTY U Planner: Kim Ogle Case Number: MUSR11-0002 Hearing Date: Applicant: Bartez LLC c/o Jay Holmes Address: 3450 County Road 27, Fort Lupton CO 80621 Request: A Minor Amendment to a Site Specific Development Plan and a Special Review Permit No. 1638 for a Use by Right, an accessory use, or a Use by Special Review in the Commercial or Industrial Zone District (Truck Parking, Maintenance and Office) including the addition of a fueling station, additional outside employee parking and vehicles utilized for non-agricultural uses, a living fence for screening, and three cargo containers for storage in the A (Agricultural) Zone District. Legal Description: Lot B of RE-3975 being part of NE4 of Section 17, T2N, R66W of the 6"' P.M., Weld County, CO Location: South of adjacent of County Road 22 and approximately 0.5 miles East of State Highway 85. Size of Parcel: 92.88 +1-acres Parcel Number: 1309 17 100034 Narrative: USR-1638 was approved by the Board of County Commissioners on March 5, 2008. The applicant agreed to address buffering and screening, thereby ensuring compatibility with adjacent neighbors and public-rights-of-way. Previous correspondence received stated the concern from a surrounding property owner regarding traffic and adverse visual impacts to the area. At the time of the hearing there were no structures located on site. The proposal was for one single family residence and buildings sited approximately 460 feet back from County Road 22. The applicant stated that all parking would be either screened or fenced. In meeting the conditions of approval, the applicant submitted a line drawing delineating the location of all site improvements associated with the USR. Post plat submittal, the applicant developed the property and constructed the structures, driveways and the office/ maintenance shop, however, the field condition did not necessarily correlate with the USR plat of record. Several site conditions presented themselves during the construction of the office/shop building resulting in a non-compliant plat of record for the as-built condition. This Minor amendment application seeks to address these issues. 1. Given the site development, topography does not afford the applicant the ability to fence the area to be utilized for outdoor storage. MUSR11-0002 BARTEZ, LLC C/O JAY HOLMES,PAGE 2 2. The employee parking was proposed for the South side of the building, however, the current site condition has employee parking on the north side of the building and south side of the building. In both locations, the parking must be screened from adjacent properties and public rights-of-way. 3. There is a proposed berm planted in native grasses, evergreen and deciduous trees a minimum of six (6) feet in height. The natural fence is proposed in light of the opaque fence component not constructed as previously discussed. 4. There is an addition of a Gas-Diesel Boy filling island. This was not a component of the previously approved USR. 5. The box containers utilized on truck beds and two semi-tractor trailers utilized for storage are being removed and replaced with three (3) cargo containers. 6. All vehicles not associated with common agrarian practices will be screened from adjacent properties and public rights-of-way. Agriculture machinery and vehicles are exempted from this requirement. 7. The USR boundary will encumber the entire property, not the five (5) acres associated with the floating USR Permit as approved. 8. An updated plat will be submitted delineating the current structure locations, access drives, fencing gas boy, lighting, outdoor storage, and similar site improvements reflected of the existing site condition. THE DEPARTMENT OF PLANNING SERVICES' DIRECTOR APPROVES THIS APPLICATION FOR THE FOLLOWING REASONS: 1 The proposed change(s) will be compatible with existing and allowed uses in the surrounding area and be in harmony with the neighborhood. The facility has been operating from this location since 2008, however, the use of the site has not been in compliance as stated in the narrative. The surrounding property to the north, south, east and west are zoned Agricultural (A) and are primarily utilized for large tract agricultural uses, further, the site is located within three miles of the city of Fort Lupton and is generally located in an area with Industrial activities, e.g., County Road 22 is utilized for truck traffic for the nearby oil and gas facilities and existing commercial and industrial facilities all permitted under an Use by Special Review Permits. [(North) SUP-281 for a natural gas compressor station; and USR-1746 for White Bear management LLC operators of a propane storage and off-load service yard; one half mile to the east is USR-1758 for a Roust-a- bout oil field business]. There are sixteen parcels within 500 feet of this existing facility. Section 23-2-240.A.10 of the Weld County Codes states "...that buffering or screening of the proposed use from adjacent properties may be required in order to make the determination that the proposed use is compatible with the surrounding uses." As a Condition of Approval the applicant will be required to screen the use from adjacent properties and rights-of-way. 2. The proposed change(s) is consistent with the County Comprehensive Plan pursuant to Chapter 22 of the Weld County Code. Section 22-2-80. F. I.Goal 6. Minimize the incompatibilities that occur between industrial uses and surrounding properties. Further Policies 6.1, 6.2 and 6.4 address physical and visual compatibility issues. Section 22-2-80. F. I.Goal 6.1. I.Policy 6.1. Consider the compatibility with surrounding land uses and natural site features. MUSR11-0002 BARTEZ,LLC CIO JAY HOLMES,PAGE 3 Section 22-2-80. F. I.Goal 6.2. I.Policy 6.2. Support the use of visual and sound barrier landscaping to screen open storage areas from residential uses or public roads. Section 22-2-80. F. I.Goal 6.4. I.Policy 6.4. Ensure that industrial properties are free of derelict vehicles, refuse, litter and other unsightly materials. 22-2-100.E. C.Goal 5. Minimize the incompatibilities that occur between commercial uses and surrounding properties. Further, Section 22-2-100.E.1. C.Policy 5.1. Consider the compatibility with surrounding land uses and natural site features addresses compatibility of site use with potential impacts to adjacent and surrounding properties. The current land use permit was approved utilizing Section 23-3-40.R of the Weld County Code which provides for a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone District. The minor amendment proposed herein will address the addition of a fueling station, additional outside employee parking and vehicles utilized for non- agricultural uses, a living fence for screening, and three cargo containers for storage in the A (Agricultural) Zone District. Further, the use of visual and sound barrier landscaping, including the use of opaque fencing to screen open storage areas from residential uses or public roads will be employed. These mitigation techniques will ensure that the property is free of derelict vehicles, refuse, litter and other unsightly materials, or screened from adjacent and surrounding properties. Many of the current site features were not specifically addressed in the initial hearing, and hence will require review through this minor amendment application. 3. The proposed change(s) will not result in a substantial adverse impact on the other property in the vicinity of the subject property. Property owners within 500-feet were notified of the requested amendment and staff has received more than 5 telephone calls from two adjacent property owners to the North with concerns of the activities on site. Staff received calls before the amendment and during the referral period of the amendment to the current land use permit. One letter was received from an adjacent property to the East with concerns of trash blowing onto property, noise from equipment, traffic, site odors and dust. 4. The recommendations of the referral agencies have been considered. A. Comments from the Department of Public Works in their referral dated November 30, 2011 identified several items that we would like to have added to the plat drawing prior to recording the MUSR11-0002 plat. B. Comments from Environmental Health in their referral dated December 6, 2011 identified several areas for amendment including specific requirements "Prior to Recording the plat". C. Comments from Building Department in their referral dated December 22, 2011 stated that there will be a requirement for permits to be pulled for the additional storage and structures that are located on the property. D. Comments from the City of Fort Lupton in their referral dated December 9, 2011 includes a statement to the effect that per the 2007 Comprehensive Plan, this property is designated Agricultural. The City requests the opportunity to discuss the possibility of annexation with the property owners. The attached development standards address the requirements of the referral agencies. 1. Not deemed to be a major change. The determination of not a major change comes from your statements concerning the MUSR11-0002 BARTEL,LLC C/O JAY HOLMES,PAGE 4 construction of the site post USR-1638 Plat recording and the siting of the structure based on geo-physical site conditions. Given these unforeseen circumstances, with construction of the facility and the unchanged permitted activities associated with both the site and the existing permit, the Department of Planning Services determined that an amendment was not required, rather, a minor amendment to the permit to address specific conditions. As staff indicated in the April 8, 2011 letter to Bartez LLC, the Department of Planning Services received several telephone inquiries concerning the compliance of your facility located at 13756 County Road 22, Fort Lupton, Colorado 80621 specific to the parking of vehicles and storage of materials in areas that are not screened from adjacent properties and public rights-of-way. On Monday July 25, 2011, department staff met with you and Dan Glanz to discuss the outstanding issues associated with your facility and compliance with the Special Use Permit. Staff and representatives for Bartez, LLC walked the site and discussed several issues specific to screened parking, the gasboy configuration, the use of cargo containers, truck beds and box trucks for storage of materials. Also discussed was the outdoor parking of non-agricultural vehicles, which may be utilized on site for the bio-solids permit. On July 28, 2011 Mr. Holmes submitted an electronic letter for staff review, indicating this was in concept was a draft letter only. Staff reviewed said letter and provided a graphic delineating in principle the direction of the property owner to gain compliance with the existing permit. On July 30, 2011 Mr. Ogle returned the electronic mail to Mr. Holmes indicating the results of the staff review of the site and the options available to the applicant to gain compliance. The property is in non-compliance with four(4) Development Standards, as outlined herein: Development Standard# 1 A Site Specific Development Plan and Special Review Permit for a Use by Right, an accessory use, or a Use by Special Review in the Commercial or Industrial Zone District(truck parking, maintenance and office) in the A(Agricultural) Zone District. Comment: The application request did not state there would be outside storage of materials. The application was for truck parking, maintenance and office only. Development Standard #28 The application does not propose any portion of the site to be leased to another party. In the event that a portion of the building is proposed to be leased to another party in the future, the applicant shall submit a copy of the lease agreement and information regarding the proposed use of the leased portion to the Weld County Building Inspection Department, Fort Lupton Fire Protection District and the Department of Planning Services for review. Based upon the proposed use and/or impacts of the leased portion, the Department of Planning Services may require an Amended Use by Special Review application Comment: The application request is for a maintenance shop, trucking parking and office. The storage of other materials, including at least one cargo container was not part of the application. Staff requests comment from the property owner concerning this additional component Development Standard# 31: The landscape and screening on site shall be maintained in accordance with the approved Landscaping and Screening Plan. MUSR11-0002 BARTEZ,LLC C/O JAY HOLMES,PAGE 5 Comment: The opaque fencing as delineated on the plat has not been installed to address the outdoor storage of materials. • Development Standard # 36 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. Comment: Staff requests comment from the property owner as to whether the operation has expanded. As previously stated, USR-1638 was approved by the Board of County Commissioners on March 5, 2008. The applicant agreed to address buffering and screening, thereby ensuring compatibility with adjacent neighbors and public-rights-of-way. Previous correspondence received stated the concern from a surrounding property owner regarding traffic and adverse visual impacts to the area. At the time of the hearing there were no structures located on site. The proposal was for one single family residence and buildings sited approximately 460 feet back from County Road 22. The applicant stated that all parking would be either screened or fenced. In meeting the conditions of approval, the applicant submitted a line drawing delineating the location of all site improvements associated with the USR. Post plat submittal, the applicant developed the property and constructed the structures, driveways and the office/maintenance shop, however, the field condition did not necessarily correlate with the USR plat of record. Several site conditions presented themselves during the construction of the office/shop building resulting in a non-compliant plat of record for the as-built condition. This Minor amendment application seeks to address these issues, specifically the additional uses including the addition of a fueling station, additional outside employee parking and vehicles utilized for non-agricultural uses, a living fence for screening, and three cargo containers for storage. 2. Must be consistent with the original development standards. The proposal is consistent with the previously approved permit. This minor amendment addresses unforeseen site development issues and address all of the current operations. Previously the site was permitted as a Site Specific Development Plan and a Special Review Permit No. 1638 for a Use by Right, an accessory use, or a Use by Special Review in the Commercial or Industrial Zone District (Truck Parking, Maintenance and Office). This minor amendment seeks to include the addition of a fueling station, additional outside employee parking and vehicles utilized for non-agricultural uses, a living fence for screening, and three cargo containers for storage in the A (Agricultural) Zone District. Further, the issue of site compatibility to adjacent properties and public rights-of-way is addressed as all non-agrian vehicles and commercial activities shall be screened for compliance with Section 23-2-240.A.10 of the Weld County Code. 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. 1. The plat shall be amended to delineate the following: A. All sheets of the plat shall be labeled MUSR11-0002. (Department of Planning Services) B. The USR boundary will encompass the entire area associated with Lot B of RE-3975. MUSR11-0002 BARTEZ, LLC C/O JAY HOLMES,PAGE 6 C. The attached Development Standards. (Department of Planning Services) D. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. (Department of Planning Services) E. Add the following signature block: BCC Approval 2. Prior to Recording the Plat: A. Comments from the Department of Public Works in their referral dated November 30, 2011 identified several items that we would like to have added to the plat drawing prior to recording the MUSR11-0002 plat. 1. County Road 22 is designated on the Weld County Road Classification Plan as a arterial road, which requires 140 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. An additional 40 feet shall be delineated on the plat as future County Road 22 right-of-way. All setbacks shall be measured from the edge of future right-of-way. The applicant shall verify the existing right-of- way and the documents creating the right-of-way, by Book and Page and, or, Reception Number, and this information shall be noted on the plat. If the right-of- way cannot be verified, it shall be dedicated. This road is maintained by Weld County. 2. A Weld County Road Access Permit Application Form is included in the packet. It will be required for all new roads, driveways or other means of providing ingress or egress to lands adjoining County rights-of-way. The application form shall be completed by the property owner to be accessed from a County road or his/her duly authorized agent as evidenced by written documentation. 3. Show the approved access on the plat and label it with the approved access permit number(AP#). 4. Off-street parking spaces including the access drive shall be surfaced with gravel, asphalt, concrete or the equivalent and shall be graded to prevent drainage problems. There is an existing cattle guard associated with the access drive. This should remain in place as a part of the vehicle tracking pad configuration. B. Comments from Environmental Health in their referral dated December 6, 2011 identified several areas for amendment including specific requirements "Prior to Recording the plat", further the Development Standards will have updated language. 1. The applicant is proposing to install a fueling station. Based on the original USR- 1638, there were two aboveground diesel fuel tanks proposed, and an aboveground storage tank registration application was submitted to the Colorado Division of Oil and Public Safety. The size of the fuel tanks was not documented on the application. Also, there is no information whether the aboveground storage tanks are located in a containment area. A Spill Prevention, Control and Countermeasure Plan (SPCC) may be required. If an SPCC Plan is not required, then the existing waste handling plan shall be revised to include spill control/containment, cleanup and disposal of spilled fuels and other hazardous materials used in the operation. MUSR11-0002 BARTEZ,LLC CIO JAY HOLMES,PAGE 7 2. The applicant shall submit a dust abatement plan, detailing on site dust control measures, for review and approval, to the Environmental Health Services, Weld County Department of Public Health & Environment. 3. A signed copy of the Spill Prevention, Control and Countermeasure Plan (SPCC) shall be provided to Environmental Health Services Division of the Weld County Department of Public Health & Environment. In accordance with Section 3-6-1 of the Colorado Department of Labor and Employment Division of Oil and Public Safety Storage Tank Regulations(7 C.C.R. 1101-14) as well as EPA regulations (40 CFR Part 112). 4. If an SPCC Plan is not required, then the existing waste handling plan shall be revised to include cleanup and disposal of spilled fuels and other hazardous materials used in the operation. 5. The applicant is proposing to install a fueling station. Based on the original USR- 1638, there were two aboveground diesel fuel tanks proposed, and an aboveground storage tank registration application was submitted to the Colorado Division of Oil and Public Safety. The size of the fuel tanks was not documented on the application. Also, there is no information whether the aboveground storage tanks are located in a containment area. A Spill Prevention, Control and Countermeasure Plan (SPCC) may be required. If an SPCC Plan is not required, then the existing waste handling plan shall be revised to include spill control/containment, cleanup and disposal of spilled fuels and other hazardous materials used in the operation. 3. Prior to Release of Building Permits: A. A Building permits application must be completed and two complete sets of plans, including engineered foundation plans bearing a 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. (Department of Building Inspection) B. Building Permits are required for buildings, structures and change of use for buildings which required permits before the beginning of construction. (Department of Building Inspection) C. A building permit will be required for any new construction, alternation, or addition to any building on the property. It is recommended that a code analysis be done on the project by a design professional with experience in this area (Department of Building Inspection) D. 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) E. Building height shall be measured in accordance with the 2006 International Building Code for the purpose of determining the maximum building size and height for various uses and types of construction and to determine compliance with the Bulk Requirements from Chapter 23 of the Weld County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County Code in order to determine compliance with offset and setback requirements. Offset and setback requirements are measured to the farthest projection from the building. (Department of Building Inspection) MUSR11-0002 BARTEZ,LLC CIO JAY HOLMES,PAGE 8 4. Prior to the Issuance of Occupancy: A. The address must be placed on the business and in a position that is clearly visible from the street fronting the business. Address numbers need to be a minimum of 4 inches high, have a 3/4 inch stoke, and they need to be on a contrasting backboard. B. Fire extinguishers must be located inside all occupied buildings. Travel distance to an extinguisher in the shop area cannot exceed 50 feet and 75 feet in the business office. Extinguisher size and type need to meet the requirements of Section 906 of the 1FC, and NFPA 10. C. Plans must be submitted in the future if this site is to be utilized for repair of trucks, if fuel tanks are to be installed, or if any amount of hazardous materials will be stored on site or inside the cargo containers. D. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus. All fire apparatus access roads must have a surface to provide all-weather driving capabilities. The fire department will need to have full access to the grounds and building. E. Fort Lupton Fire Protection District must be notified by the occupant to schedule a fire safety inspection of the business prior to taking occupancy. 5. Upon completion of 1. and 2. 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 shall be submitted within sixty (60) days from the date of approval by the Board of County Commissioners. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) 6. In accordance with Weld County Code Ordinance 2006-7 approved June 1, 2006, should the plat not be recorded within the required sixty (60) 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) 7. 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). Thisdigitalfilemaybesenttodhuerter@co.weld.co.us. (Department of Planning Services) 8. 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) MUSR11-0002 BARTEZ,LLC C/O JAY HOLMES, PAGE 9 MINOR AMENDMENT TO SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Bartez LLC, c/o Jay Holmes MUSR11-0002 1. A Minor Amendment to a Site Specific Development Plan and a Special Review Permit No. 1638 for a Use by Right, an accessory use, or a Use by Special Review in the Commercial or Industrial Zone District (Truck Parking, Maintenance and Office) including the addition of a fueling station, additional outside employee parking and vehicles utilized for non-agricultural uses, a living fence for screening, and three cargo containers for storage in the A (Agricultural) Zone District, and subject to the Development Standards stated hereon. (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. 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) 4. 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) 5. 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. (Department of Public Health and Environment) 6. • The applicant shall operate in accordance with the approved "waste handling plan". (Department of Public Health and Environment) 7. The applicant shall comply with all provisions of the Underground and Above Ground Storage Tank Regulations. (Department of Public Health and Environment) 8. Any vehicle washing area(s) 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) 9. 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) 10. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as delineated in 25-12-103 C.R.S., as amended. (Department of Public Health and Environment) 11. 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) 12. 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) 13. All potentially hazardous chemicals must be handled in a safe manner in accordance with product MUSR11-0002 BARTEZ, LLC C/O JAY HOLMES,PAGE 10 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) 14. The Spill Prevention, Control and Countermeasure Plan shall be available on site, at all times. (Department of Public Health and Environment) 15. 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) 16. The source of permanent water for the facility is by a commercial well (Well Permit No. 65351-F). 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) 17. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Division of Public Health & Environment, Water Quality Control Division. (Department of Public Health and Environment) 18. A building permit shall be obtained prior to the construction of any new building, addition or remodel of existing buildings. A building permit is required for change of use of any existing buildings. (Department of Building Inspection) 19. A plan review is required for each building for which a building permit is required. Plans shall bear the west stamp of a Colorado registered architect or engineer. Two complete sets of plans are required with applying for each permit. (Department of Building Inspection) 20. 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 Fuel Gas Code; and the 2011 National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) 21. New structures will require an engineered foundation based on a site-specific geotechnical report or an open hole inspection performed by a Colorado registered engineer. Engineered foundations shall be designed by a Colorado registered engineer. (Department of Building Inspection) 22. Fire resistance of walls and openings, construction requirements, maximum building height and allowable areas will be reviewed at the plan review. Setback and offset distances shall be determined by the Weld County Code. (Department of Building Inspection) 23. Building height shall be measured in accordance with the 2006 International Building Code for the purpose of determining the maximum building size and height for various uses and types of construction and to determine compliance with the Bulk Requirements from Chapter 23 of the Weld County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County Code in order to determine compliance with offset and setback requirements. When measuring buildings to determine offset and setback requirements, buildings are measured to the farthest projection from the building. Property lines shall be clearly identified and all property pins shall be staked prior to the first site inspection. (Department of Building Inspection) 24. A letter of approval shall be provided to the Department of Building Inspection from the Fort Lupton Fire Protection District prior to construction of any structure. (Department of Building Inspection) MUSR11-0002 BARTEZ, LLC CIO JAY HOLMES, PAGE 11 25. If exterior lighting is proposed to be a part of this facility, all light standards shall be delineated in accordance with Section 23-3-250.8.6 of the Weld County Code. (Department of Planning Services) 26. 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) 27. The hours of operation are 6:00am to 6:00pm. (Department of Planning Services) 28. The site shall not have more than fifteen (15) employees on site at any given time. (Department of Planning Services) 29. The application does not propose any portion of the site to be leased to another party. In the event that a portion of the building is proposed to be leased to another party in the future, the applicant shall submit a copy of the lease agreement and information regarding the proposed use of the leased portion to the Weld County Building Inspection Department, Hudson Fire Protection District and the Department of Planning Services for review. Based upon the proposed use and/or impacts of the leased portion, the Department of Planning Services may require an Amended Use by Special Review application. (Department of Planning Services) 30. 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) (Department of Planning Services) 31. 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) (Department of Planning Services) 32. The landscape and screening on site shall be maintained in accordance with the approved Landscaping and Screening Plan. (Department of Planning Services) 33. The property owner shall allow any mineral owner the right of ingress or egress for the purposes of exploration development, completion, recompletion, re-entry, production and maintenance operations associated with existing or future operations located on these lands. (Department of Planning Services) 34. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. (Department of Planning Services) 35. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. (Department of Planning Services) 36. 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. (Department of Planning Services) 37. 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. 38. 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 MUSR11-0002 BARTEZ, LLC CIO JAY HOLMES, PAGE 12 be reason for revocation of the Permit by the Board of County Commissioners. (Department of Planning Services) 39. 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. 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, sand burs, 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. MUSR11-0002 BARTEZ,LLC C/O JAY HOLMES,PAGE 13 • • ref."%m DEPARTMENT OF PLANNING SERVICES 1555 631 555N 1 17 8 h AVE GREELEY, WEBSITE: www.co.weld.co.us ' E-MAIL: kogle@co.weld.co.us PHONE: (970)353-6100, Ext. 3549 FAX: (970)304-6498 COLORADO November 7, 2011 BARTEZ LLC PO BOX 888 LONGMONT, CO 80502 Subject: MUSR11-0002 - MINOR AMENDMENT TO CURRENT USR-1638 TO AMEND MAP TO REFLECT THE AS-BUILT SITE CONDITIONS AND THE INCLUSION OF A LIVING FENCE AT PERIMETER OF TRAVEL LANE, ADDITION OF A FUELING STATION, OUTSIDE PARKING OF EMPLOYEE VEHICLES AND VEHICLES UTILIZED FOR NON-AGRICULTURAL USES AND ADDING THREE CARGO CONTAINERS FOR STORAGE On parcel(s)of land described as: PT NE4 SECTION 17, T2N, R66W LOT B REC EXEMPT RE-3975 EXC UPRR RES of the 6th P.M., Weld County, Colorado. Dear Applicant: 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. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the following Planning Commission(s)for their review and comments: Fort Lupton at Phone Number 303-857-6694 Please call the listed Planning Commissions, for information regarding the date, time and place of the meeting and the review process. It is recommended that you and/or a representative be in attendance at each of the meetings described above in order to answer any questions that might arise with respect to your application. If you have any questions concerning this matter, please call. Respectfully. Digitally signed by Kristine Ranslem Reason:I am the author of this his document Location:1555 N 17th Ave Date:2011.11.07 09:12:45-07'00' Kim Ogle Planner Kim Ogle From: Jay Holmes [JHJHolmes@comcast.net] Sent: Friday, September 02, 2011 3:56 PM To: Kim Ogle Cc: 'Daniel Glantz' Subject: RE: Bartez USR letter- DRAFT Attachments: image001.png Hi Kim: Assuming it is OK to make these changes prior to Approval of our Minor Amendment, below in RED Is a proposed timeline: Let us know what you think. Thank you, Jay Holmes From: Kim Ogle [mailto:kogle@co.weld.co.us] Sent:Saturday,July 30, 2011 10:18 AM To: 'Jay Holmes' Cc: Kim Ogle Subject: RE: Bartez USR letter- DRAFT Good afternoon Jay and Daniel Based on the recent site visit, including conversations with other planning staff, I presented my findings and excepts of your letter specific to: Living Fence Gasboy addition Elevation of structure New parking configuration, north side of building Current storage containers and proposed amendment Definition of Farm Vehicle Bio-solids vehicle and application Accuracy of Site Plan Staff determined that a new Site Plan is required which will accurately delineate the current operation and operational layout. The proposed living fence and three foot berm is approved. The Evergreen tree species will be determined by an arborist or nurseryman. The minimum height acceptable for installation will be six (6) foot B&B or equivalent. Evidence of irrigation water will be required. The berm should be covered in a live material to prevent erosion and to control the establishment of weeds. We have already ordered trees, but based on the nursery recommendation it would be best to plant in October.We would propose doing some of the berm work during September, and having the trees planted with cover by October 31. The Gasboy [Diesel#2, and OTR Diesel] shall be delineated on the Site Plan with noting the means to protect the fueling station/and containers from vehicular traffic In your response narrative please describe how fuel spills are addressed and precautions taken and procedures in place in case of incident. We will install pipe bolsters and pipe railing to prevent vehicles from contacting the fueling station. Our spill plan will be included in our Minor Amendment. We would install the protective piping by October 31. 1 The storage containers to the south of the building will require removal and replacement with either a structure or two additional or greater number of cargo containers. We will shop for suitable replacement containers, but this could take a few months.The current containers will be replaced at the time we install new containers, no later than December 31. The outside storage of vehicle parts not associated with farming operations shall be screened from adjacent properties and public rights-of-way. We will plan to re-locate such items so that they will be screened by the new living fence when it is complete. The parking of gooseneck and standard trailers,the parking of vehicles and equipment associated with the oil field industry and the parking of water trucks shall be screened from adjacent properties and public rights-of-way. We will plan to re-locate such items so that they will be screened by the new living fence when it is complete. Equipment associated with standard agricultural practices is exempted from the screening requirement, including irrigation pipe, if neatly stacked on premises. OK To be compliant with current land use planning regulations,two options are afforded to you and this property. As I indicated during the site visit,the County Attorney's office indicates that the entire piece of property is required to be encumbered by a Use by Special Review. Currently the Bartez, LLC USR floats within the parcel area. This floating USR is not an option. Option 1, encumber the entire property with the USR permit. Option 2, complete a Recorded Exemption application and create a parcel that will establish the USR boundary.. See attached diagram This link will take you to the Recorded Exemption application: http://www.co.weld.co.us/assets/2DBDB77162C23c62B06D.pdf We most likely will go with Option 2, but will seek a legal opinion first. We hope to file by September 30. From the land use permitting perspective,the amendments to the current facility are relatively minor,therefore staff will support the Minor Amendment process to the USR application. This link will take you to the Minor amendment application: http://www.co.weld.co.us/assets/aba59103Dd394cdb84CA.pdf We hope to file by September 30 It is requested of this office that a response be submitted to the items outlined herein and a timetable be established for the timely completion of the issues as discussed. Please feel free to contact me at the office, my points of contact are listed below. Thanks again for your timely response. Best regards, Kim Kim Ogle Planner III Department of Planning 1555 North 17th Avenue Greeley, Colorado 80631 Direct: 970.353.6100 x 3549 Office: 970.353.6100 x 3540 Facsimile:970.304.6498 2 L___1 Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From:Jay Holmes [mailto:JHJHolmes@comcast.net] Sent:Thursday,July 28, 2011 11:44 AM To: Kim Ogle Subject: Bartez USR letter- DRAFT Hi Kim: Attached is the first attempt at a Draft of the letter for Weld County. Please give us any suggestions for changes, additions,deletions, etc...The letter refers to an attached map, but Daniel has not had a chance to complete this yet. Thank you for coming down the other day and your suggestions. Jay Holmes 3 Kim Ogle From: Jay Holmes [JHJHolmes@comcast.net] Sent: Thursday, August 18, 2011 11:11 AM To: Kim Ogle Cc: 'Cindy Gleim'; 'Daniel Glantz' Subject: RE: Bartez USR letter- DRAFT Attachments: image001.png Hello Kim: Sorry we missed each other on the phone a couple of times. You have requested a timetable for completion on our end. In order to provide that, we need to understand the process timeline. We will pursue the minor amendment process, and the recorded exemption. We will wait until we have Approval on these items from the County before we build the living fence, etc. How long will it take to go through the process and receive Approval? I am going to be out of the office for the next week or so... we will submit the paperwork around the first week in September. Ideally we would like to get the trees planted in early October. Thank you for your help, Jay From: Kim Ogle [mailto:kogle@co.weld.co.us] Sent: Saturday,July 30, 2011 10:18 AM To: 'Jay Holmes' Cc: Kim Ogle Subject: RE: Bartez USR letter- DRAFT Good afternoon Jay and Daniel Based on the recent site visit, including conversations with other planning staff, I presented my findings and excepts of your letter specific to: Living Fence Gasboy addition Elevation of structure New parking configuration, north side of building Current storage containers and proposed amendment Definition of Farm Vehicle Bio-solids vehicle and application Accuracy of Site Plan Staff determined that a new Site Plan is required which will accurately delineate the current operation and operational layout. The proposed living fence and three foot berm is approved. The Evergreen tree species will be determined by an arborist or nurseryman. The minimum height acceptable for installation will be six(6)foot B&B or equivalent. Evidence of irrigation water will be required. The berm should be covered in a live material to prevent erosion and to control the establishment of weeds. The Gasboy [Diesel#2, and OTR Diesel] shall be delineated on the Site Plan with noting the means to protect the fueling station/and containers from vehicular traffic In your response narrative please describe how fuel spills are addressed and precautions taken and procedures in place in case of incident 1 The storage containers to the south of the building will require removal and replacement with either a structure or two additional or greater number of cargo containers. The outside storage of vehicle parts not associated with farming operations shall be screened from adjacent properties and public rights-of-way. The parking of gooseneck and standard trailers,the parking of vehicles and equipment associated with the oil field industry and the parking of water trucks shall be screened from adjacent properties and public rights-of-way. Equipment associated with standard agricultural practices is exempted from the screening requirement, including irrigation pipe, if neatly stacked on premises. To be compliant with current land use planning regulations, two options are afforded to you and this property. As I indicated during the site visit, the County Attorney's office indicates that the entire piece of property is required to be encumbered by a Use by Special Review. Currently the Bartez, LLC USR floats within the parcel area. This floating USR is not an option. Option 1, encumber the entire property with the USR permit. Option 2, complete a Recorded Exemption application and create a parcel that will establish the USR boundary.. See attached diagram This link will take you to the Recorded Exemption application: http://www.co.weld.co.us/assets/2DBDB77162C23c62B06D.pdf From the land use permitting perspective, the amendments to the current facility are relatively minor, therefore staff will support the Minor Amendment process to the USR application. This link will take you to the Minor amendment application: http://www.co.weld.co.us/assets/aba59103Dd394cdb84CA.pdf It is requested of this office that a response be submitted to the items outlined herein and a timetable be established for the timely completion of the issues as discussed. Please feel free to contact me at the office, my points of contact are listed below. Thanks again for your timely response. Best regards, Kim Kim Ogle Planner III Department of Planning 1555 North 17th Avenue Greeley, Colorado 80631 Direct: 970.353.6100 x 3549 Office: 970.353.6100 x 3540 Facsimile:970.304.6498 A6 JO.! .1 W E ti O1 C J U N r 2 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From:Jay Holmes [mailto:JHJHolmes@comcast.net] Sent:Thursday,July 28, 2011 11:44 AM To: Kim Ogle Subject: Bartez USR letter- DRAFT Hi Kim: Attached is the first attempt at a Draft of the letter for Weld County. Please give us any suggestions for changes, additions,deletions, etc...The letter refers to an attached map, but Daniel has not had a chance to complete this yet. Thank you for coming down the other day and your suggestions. Jay Holmes 3 Kim Ogle From: Mary Evett Sent: Thursday, August 18, 2011 10:13 AM To: Kim Ogle Subject: RE: Current Status Review for Case File, Site Plan Review, SPR-442, Booth Land and Livestock Attachments: image003.png; image004.png Kim That wording is good. Also,there is a development standard (#14 of my May 26, 2011 comments)that states"The applicant shall comply with all provisions of the State Underground and Above Ground Storage Tank Regulations."Since they do not plan to install fuel tanks at this time, EHS conditions 1.D. and 1.E. of your 8/8/11 letter may be removed. Mary Evett Environmental Health Specialist Weld County Department of Public Health and Environment 1555 N 17th Ave Greeley, CO 80631 tel: 970-304-6415, Extension 2216 I 6 -I ti I �^ rT w (;`C1__'C0.3N- ' u Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication.Any disclosure,copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Kim Ogle Sent: Thursday, August 18, 2011 6:12 AM To: Mary Evett Subject: RE: Current Status Review for Case File, Site Plan Review, SPR-442, Booth Land and Livestock Mary The Booth Site Plan Review wants to at some point in the far distant future place a diesel tank and pump hose for filling up trucks on site. What type of note should be place on the plat for this addendum? I thought to state should the facility be constructed a sign off from Eaton Fire, and all applicable State agencies would be required prior to submitting a building permit to construct. Thanks in advance for your thoughts and comments. Kim Kim Ogle Planner III 1 Department of Planning 1555 North 17th Avenue Greeley, Colorado 80631 Direct: 970.353.6100 x 3549 Office: 970.353.6100 x 3540 Facsimile:970.304.6498 184 I w t [Lieu N Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication.Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Joshua M Lobato [mailto:jlobatoabuydssteel.coml Sent: Monday, August 08, 2011 3:22 PM To: Kim Ogle Subject: RE: Current Status Review for Case File, Site Plan Review, SPR-442, Booth Land and Livestock Kim, Working on all of these comments, Booth is not planning on putting the Diesel storage tanks back in at this time so items D and E are N/A correct?And in regards to item M, what type of improvements is county looking for? If I need to come in for this let me know. Joshua M Lobato From: Kim Ogle jmailto:kogle@co.weld.co.ust Sent: Monday, August 08, 2011 11:42 AM To: 'Joshua M Lobato' Cc: Kim Ogle Subject:Current Status Review for Case File, Site Plan Review, SPR-442, Booth Land and Livestock Hello Joshua Please find attached the current status of Site Plan Review SPR-442 for Booth Livestock. Should you have any comments and or concerns, please call or email me at the numbers listed below. Thanks! Kim Kim Ogle Planner III Department of Planning 1555 North 17th Avenue Greeley, Colorado 80631 Direct: 970.353.6100 x 3549 Office: 970.353.6100 x 3540 2 July 27, 2011 Mr. Kim Ogle Weld County Planning Dear Mr. Ogle: Thank you for taking the time to meet with Daniel Glantz and myself on July 25 at our property on Weld County Road 22. As I mentioned, we bought this property several years ago based on the location. As a result of encountering some high groundwater during the building process, it impacted the layout of our site and some of our storage&parking. We are asking Weld County to revise our USR by making a Minor Amendment. As a practical matter, we ask that the following be changed: 1. The building had to be raised to a higher elevation due to the high groundwater we encountered. As a result, the parking on the North side had to be moved further from the building due to the slope of the area that was originally designated for employee parking. Also we moved the handicap parking spot to the south side of the building and poured a concrete slab. This handicap parking spot is located closer to the building by locating it on the south side. 2. The fueling station is located on the north side of the building near the employee parking area. We have one (1) fuel tank for#2 Diesel in a 660 gallon double walled skid mounted tank, and two (2) fuel tanks in 500 gallon tanks located inside steel tanks to contain any leakage. 3. The elevated building raised our building to a level where a 6' foot "privacy" fence will not do much good. In lieu of the 6' opaque fence surrounding our service yard on the north and west sides of the building, we propose installing a living fence instead, and expand the length of the fence on both sides. The live fence will consist of a 3' tall berm and 6' high Evergreen trees. We would also install a living fence that runs north from the northwest corner of the building to block the view of our truck parking area from neighbors from the northeast. This part of the living fence would consist of 6' tall Evergreen trees without the berm. The proposed location of the fence is shown on the attached map. We have well water and irrigation water and can utilize both as a means of irrigating the living fence. 4. We have a cargo storage area on the south side of the building consisting of three cargo containers. One of the containers is a sea/land cargo container. The other two are non- compliant containers that we will replace. Also, we would like apply for a fourth storage container. This storage area will be screened by the living fence. 5. Our equipment storage remains on the south side of the building. The equipment generally consists of agriculture and ag related equipment, including tractors, tillage equipment, containers & tanks for biosolids transportation and application, frac tanks for biosolids storage, and water tankers. There is one neighbor located to the east/southeast of this area. If the neighbor is adversely affected by this storage location, we will install a similar living fence along the east of this area to screen the view. We are asking Weld County for the quickest and most cost effective solution by making a Minor Amendment to our USR. We have the same operation, same number of employees, and our Ag related business has not changed since the time of our original approval by the Weld County Commissioners. We ask that we be allowed to make these minor modifications and improvements. Yours truly, Jay Holmes Bartez LLC 1 8 6 I - 2 0 1 1 DEPARTMENT OF PLANNING SERVICES Greeley Planning Office I 1555 North 17` Avenue Greeley, Colorado 80631 WEBSITE: www.co.weld.co.us E-MAIL: kogle@co.weld.co.us W E L DEC O U N T Y PHONE (970) 353-6100, EXT. 3549 FAX (970) 304-6498 April 8, 2011 Jay Holmes Bartez LLC Post Office Box 888 Longmont, Colorado 80502-0888 Subject: Compliance with USR-1638, Bartez LLC Maintenance Facility Dear Mr. Holmes: The Department of Planning Services has received several telephone inquiries concerning the compliance of your facility located at 13756 County Road 22, Fort Lupton, Colorado 80621 specific to the parking of vehicles and storage of materials in areas that are not screened from adjacent properties and public rights-of-way. The USR-1638 plat delineates an area west of the Maintenance Building that has a six (6) foot in height wood privacy fence with gate that is to be utilized for the parking and storage of all commercial vehicles and equipment or materials associated with your business. Employee and customer parking is delineated south of the building. Visual inspection performed in early February 2011 identified vehicles, equipment and materials including at least one cargo container staged in areas outside of this defined enclosure area. Further, the area delineated on the USR Plat does not exist on site and the requisite opaque screening has not been constructed. Given these findings, this office finds you in non-compliance with several Development Standards associated with the land use permit for this property and are referenced here: Development Standard # 1 A Site Specific Development Plan and Special Review Permit for a Use by Right, an accessory use, or a Use by Special Review in the Commercial or Industrial Zone District (truck parking, maintenance and office) in the A (Agricultural) Zone District. Comment: The application request did not state there would be outside storage of materials. The application was for truck parking, maintenance and office only. Development Standard #28 The application does not propose any portion of the site to be leased to another party. In the event that a portion of the building is proposed to be leased to another party in the future, the applicant shall submit a copy of the lease agreement and information regarding the proposed use of the leased portion to the Weld County Building Inspection Department, Hudson Fire Protection District and the Department of Planning Services for review. Based upon the proposed use and/or impacts of the leased portion, the Department of Planning Services may require an Amended Use by Special Review application Comment: The application request is for a maintenance shop, trucking parking and office. The storage of other materials, including at least one cargo container was not part of the application. Staff requests comment from the property owner concerning this additional component Development Standard # 31: The landscape and screening on site shall be maintained in accordance with the approved Landscaping and Screening Plan. Comment: The opaque fencing as delineated on the plat has not been installed to address the outdoor storage of materials. Development Standard # 36 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. Comment: Staff requests comment from the property owner as to whether the operation has expanded.. Development Standard # 37 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. Comment: Staff requests comment from the property owner as to whether the operation has expanded. Given the inquiry from surrounding property owners and the visual inspection of the property for compliance with the approved Board of County Commissioner Resolution for case number USR-1638 for a Use by Right, an accessory use, or a Use by Special Review in the Commercial or Industrial Zone District (truck parking, maintenance and office) in the A (Agricultural) Zone District and subject to the Development Standards as agreed to in the public hearing, this office requests the property owner or their appointed representative to contact this office on or before March 31, 2011 to discuss the current operation of the facility. Should this office not receive a response from the property owner or their representative, this office will schedule a hearing with the Board of County Commissioners to discuss the violations as presented here. Any information you have that may help to resolve this matter will be helpful. Should you have any questions regarding this letter, or if you need any further information, please feel free to contact me at the above address, telephone number or e-mail address. If you wish to see me personally, please call to schedule an appointment so that I may reserve a sufficient amount of time with you. Sincerely,6LtKim le Planning Services Enclosures Property research: USR-1638 MINOR AMENDMENT TO SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW(USR) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT#/AMOUNT# 1$ CASE#ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number 1 3 0 9 _ 1 7 - 1 - 0 0 0 3 4 (12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessor's Office,or www.co.weld.co.us) Legal Description Pt NE4 , Section 11 , Township 2 North, Range 66 West Zone District: , Total Acreage: , Flood Plain: , Geological Hazard: , Airport Overlay District: FEE OWNER(S)OF THE PROPERTY: Name: Bartez LLC Work Phone# 303-651-7070 Home Phone# Email Address: P.O. Box 888 Address: City/State/Zip Code Longmont, CO 80502 Name: Work Phone# Home Phone# Email Address: Address: City/State/Zip Code APPLICANT OR AUTHORIZED AGENT(See Below:Authorization must accompany applications signed by Authorized Agent) Name: Work Phone# Home Phone# Email Address: Address: City/State/Zip Code PROPOSED AMENDMENT: Changing fence from wooden fence to living fence with berm and trees, adding fueling station, moved parking due to slope of property away from building, changing storage container to comply with code. Living fence will provide additional screening of equipment I (We)hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my(our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be include ' 'rating that ignatory has to legal authority to sign for the corporation. Signatu : w er r Authorized Agent Date Signature: Owner or Authorized Agent Date • • Minor Amendment to a Site Specific Development Plan and USR Questionnaire Responses 1. We are changing our fencing from a wooden fence to a living fence with a berm and trees, adding a fuel station which will have pipe bolsters and pipe railing to prevent vehicles from contacting the fueling station, move the employee parking area due to the slope of property away from the building, changing our storage containers on the south side of building to comply with code. Living Fence will provide additional screening of equipment not associated with farming. 2. The surrounding area is used for farming. We are farming the land and use the buildings for an office and to work on and maintain our equipment. 3. The number of people and employees using this site will not exceed 15. 4. The hours of operation are to be from 6:00 a.m.to 6:00 p.m. 5. We have a modular home and office/maintenance building on this site. 6. We have 3 Tractor/Trailers, 7 enclosed Trailers, 6 Pickup Trucks, Farm Tractors, Injectors and a dredge on this property. 7. The Fort Lupton Fire District will provide protection to this site. 8. We have a well on this property for water . 9. We have a septic system on this property for sewage disposal. 10. No storage or warehousing is propsed for this property. 11. Storm water detentions facilities were put in per the Final Drainage Report filed in October, 2008 with Don Dunker, Weld County Public Works Department. 12. Household wastes generated onsite are picked up by a waste management company on a regular basis. Kim Ogle From: Jay Holmes[JHJHolmes@comcast.net] Sent: Thursday, February 23, 2012 2:58 PM To: Kim Ogle Subject: RE: Bartez USR letter- DRAFT Hi Kim: We have the following comments and questions regarding the material you sent us. • We do not want to encumber the entire property as part of this Minor Amendment. It is my understanding that we need to file some type of Exemption? Do we do that now?What is the process? • In regard to the fuel tanks, we currently have 2 tanks for on road fuel.These tanks are smaller than 660 gallons, and were proposed in the original USR. These tanks are contained within a separate tank. Due to their size, it was our understanding that is sufficient, and a containment area is not required.....is that accurate?Also,we have a 3r°tanks for off-road use as part of our farming operation. It is our understanding that fuel used for Ag purposes is exempt from the requirements. Please confirm that is the case. • For clarification,employee parking was always planned for the North side of the building....we had to move the parking area away from the building to the slope of the ground for drainage. • In regard to screening, as you know we have installed a living fence on the north and west sides of the building. If additional screening is required, we would request the option of utilizing either a living fence or opaque fence for that purpose. • We are not interested in Annexing a portion of our property to the City of Fort Lupton at this time. • The Document reads that we must update the Plat Map. Do we submit that prior to a Hearing? I assume it must be a professional quality map? Can we get Staff's input before we have the final Map drawn? • In regard to the comments from the Dept of Public Works: 1. It was our understanding that the 140' Right of Way was already part of the Plat approved in 2008. 2. We are not proposing a New driveway or Access to the property, and we do not plan on taking out the cattle guard. • In regard to comments from the Dept of Health: 1. They ask for a dust abatement plan....is that required prior to the hearing? 2. How do we know if a Spill Prevention Plan is required? • In regard to Release of Building Permits &Occupancy: Does this apply? We are not building anything,and we already have a CO and occupy the building. I think most, if not all, of these items were supplied previously. Thank you for your help in addressing the items above. I will await your reply. Jay From: Kim Ogle [mailto:kogle@co.weld.co.us] Sent: Friday, January 27, 2012 2:59 PM To: 'Jay Holmes' Subject: RE: Bartez USR letter - DRAFT Jay Please find attached staff comments and the referrals received to date. Also attached are letters received from your neighbors. 1 have spoken to Carol Gildea and Mr. Calvin who has several concerns. 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'p I I i I 1 • 1 i I VI / . . . / - i 4 i4 / • I i Air / _ , . -i. _ ,q'I 1 iiii. g IL" -' Submit by Email (it La- :"%es Weld County Referral INovember 7, 2011 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant: BARTEZ LLC Case Number: MUSR11-0002 Please Reply By: December 5, 2011 Planner: Kim Ogle Project: MINOR AMENDMENT TO CURRENT USR-1638 TO AMEND MAP TO REFLECT THE AS-BUILT SITE CONDITIONS AND THE INCLUSION OF A LIVING FENCE AT PERIMETER OF TRAVEL LANE, ADDITION OF A FUELING STATION, OUTSIDE PARKING OF EMPLOYEE VEHICLES AND VEHICLES UTILIZED FOR NON-AGRICULTURAL USES AND ADDING THREE CARGO CONTAINERS FOR STORAGE Location: South of and adjacent to County Road 22, 0.25 miles West of County Road 29. Parcel Number: 130917100034-R3481005 Legal: PT NE4 SECTION 17, T2N, R66W LOT B REC EXEMPT RE-3975 EXC UPRR RES of the 6th P.M., Weld County, Colorado. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. I I We have reviewed the request and find that it does/does not comply with our Comprehensive Plan because: We have reviewed the request and find no conflicts with our interests. See attached letter. Comments: There will need to be permits pulled for the additional storage and structures that are on the property. Dqqally seww Jonathan Ge,,rr Jonathan Gesick : 4r °""" 12/22/11 Signature �,e�ro^,°„D3s, Date Agency Building Department Weld County Planning Dept. 1555 N 17th Ave,Greeley,CO.80631 (970)353-6100 ext.3540 (970)304-6498 fax RECEIVED 1861 - 2011 MEMORANDUM DEC 0521111 Weld County Planning Department TO: Kim Ogle, Planning Services DATE: November 30, 201 PREELEY OFFICE W E L DEC/O T Y FROM: Donald Carroll, Engineering Administrator 0,t11 I I Public Works Department u SUBJECT: MUSR11-0002, Bartez, LLC The Weld County Public Works Department reviewed the submitted application for critical items, including but not limited to Site Plan, Traffic Study, Preliminary Drainage Report, Geotechnical Soils Report, and Flood Hazard Development Permit. A detailed review of these items was not completed at this step in process. Comments made during this stage of the review process will not be all inclusive; as revised materials are submitted other concerns or issues may arise. All issues of concern and critical issues during further review must be resolved with the Public Works Department. COMMENTS: Plat: The applicant needs to submit a 24 X 36 inch sheet as the 8.5 X 11 sheet is unreadable and cannot be redlined if needed. CR 22 is an arterial road, which requires a 140-foot right-of-way at full build out. There is presently a 60-foot right-of-way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning (23-1-90), the required setback is measured from the future right-of-way line. The applicant shall delineate or dedicate an additional 40-foot of right-of-way parallel to the CR 22 right-of-way for full build- out. REQUIREMENTS: A Weld County Road Access Permit Application Form is included in the packet. It will be required for all new roads, driveways or other means of providing ingress or egress to lands adjoining County rights-of-way. The application form shall be completed by the property owner to be accessed from a County road or his/her duly authorized agent as evidenced by written documentation. Show the approved access on the plat and label it with the approved access permit number (AP#). This will be provided when a revised application form is received. Off-street parking spaces including the access drive shall be surfaced with gravel, asphalt, concrete or the equivalent and shall be graded to prevent drainage problems. There is an existing cattle guard associated with the access drive. This should remain in place as a part of the vehicle tracking pad configuration. 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. Storm Water Drainage: On the Use by Special Review USR-1638 plat, the applicant is identifying a proposed detention pond with a drainage easement. The road crossing culverts provide drainage to the detention pond location. M:PLANNING-DEVELOPMENT REVIEW\-2011 Planning Referrals\MUSRI IAMUSRI I-0002.docx KitMEMORANDUM TO: KIM OGLE, PLANNING SERVICES Co SUBJECT: MUSRIl U O2 ENVIRONMENTAL HEALTH RY COLORADO DATE: DECEMBER 6,2011 Environmental Health Services has reviewed this proposal for a minor amendment to USR-1638 for the existing office/maintenance shop facility and employee residence. This amendment will include the addition of a fueling station, additional outside employee parking, a living fence at the perimeter of a travel lane, and three cargo containers for storage. The facility is served by a commercial well (Permit No. 65351-F) and an individual sewage disposal system (Permit No. SP-0900166). The septic system is permitted for the 3 bedroom residence (6 persons) and office/shop with 14 employees. According to the application for the amendment, the number of persons and employees using the site will not exceed 15. Therefore, the septic system will not require an evaluation by an engineer. A dust abatement plan was not required under the original USR-1638; however, there is Development Standard No. 9 of USR-1638 that addresses on-site fugitive dust control. The access drives and parking areas are covered in gravel. The applicant will need to submit a dust abatement plan demonstrating how dust is controlled on site, such as speed controls and applying a dust suppressant when necessary. The applicant is proposing to install a fueling station. Based on the original USR-1638, there were two aboveground diesel fuel tanks proposed, and an aboveground storage tank registration application was submitted to the Colorado Division of Oil and Public Safety. The size of the fuel tanks was not documented on the application. Also, there is no information whether the aboveground storage tanks are located in a containment area. A Spill Prevention, Control and Countermeasure Plan (SPCC) may be required. If an SPCC Plan is not required, then the existing waste handling plan shall be revised to include spill control/containment, cleanup and disposal of spilled fuels and other hazardous materials used in the operation. We have no objections to the proposal; however, we do recommend that the following conditions be part of any approval: We recommend that the following requirements be met prior to allowing the plat to be recorded: 1. The applicant shall submit a dust abatement plan, detailing on site dust control measures, for review and approval, to the Environmental Health Services, Weld County Department of Public Health & Environment. 2. A signed copy of the Spill Prevention, Control and Countermeasure Plan (SPCC) shall be provided to Environmental Health Services Division of the Weld County Department of Public Health & Environment. In accordance with Section 3-6-1 of the Colorado Department of Labor and Employment Division of Oil and Public Safety Storage Tank Regulations (7 C.C.R. 1101-14) as well as EPA regulations (40 CFR Part 112). 3. If an SPCC Plan is not required, then the existing waste handling plan shall be revised to include cleanup and disposal of spilled fuels and other hazardous materials used in the operation. We recommend that the following requirements be incorporated into the permit as development standards: 1. 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. 2. 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. 3. 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. 4. The applicant shall operate in accordance with the approved "waste handling plan", at all times. 5. The applicant shall comply with all provisions of the State Underground and Above Ground Storage Tank Regulations. 6. Any vehicle washing area(s) shall capture all effluent and prevent discharges from drum washing and the washing of vehicles in accordance with the Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection Agency. 2 7. 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. 8. 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. 9. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of the facility, at all times. 10.Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems. 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. 12.The Spill Prevention, Control and Countermeasure Plan shall be available on site, at all times. 13.The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. Additionally, please note the following: 1. The source of permanent water for the facility is by a commercial well (Well Permit No. 65351-F). 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. 3 Submit by Email it(Cirti Weld County Referral INovember 7, 2011 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant: BARTEZ LLC Case Number: MUSR11-0002 Please Reply By: December 5, 2011 Planner: Kim Ogle Project: MINOR AMENDMENT TO CURRENT USR-1638 TO AMEND MAP TO REFLECT THE AS-BUILT SITE CONDITIONS AND THE INCLUSION OF A LIVING FENCE AT PERIMETER OF TRAVEL LANE, ADDITION OF A FUELING STATION, OUTSIDE PARKING OF EMPLOYEE VEHICLES AND VEHICLES UTILIZED FOR NON-AGRICULTURAL USES AND ADDING THREE CARGO CONTAINERS FOR STORAGE Location: South of and adjacent to County Road 22, 0.25 miles West of County Road 29. Parcel Number: 130917100034-R3481005 Legal: PT NE4 SECTION 17, T2N, R66W LOT B REC EXEMPT RE-3975 EXC UPRR RES of the 6th P.M., Weld County, Colorado. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. riWe have reviewed the request and find that it does/does not comply with our Comprehensive Plan because: We have reviewed the request and find no conflicts with our interests. See attached letter. Comments: 1.The address must be placed on the business and in a position that is clearly visible from the street fronting the business.Address numbers need to be a minimum of 4 inches high, have a%inch stoke,and they need to be on a contrasting backboard. 2. Fire extinguishers must be located inside all occupied buildings. Travel distance to an extinguisher in the shop area cannot exceed 50'and 75' in the business office. Extinguisher size and type need to meet the requirements of Section 906 of the IFC, and NFPA 10, 3. Plans must be submitted in the future if this site is to be utilized for repair of trucks, if fuel tanks are to be installed, or if ANY AMOUNT of HAZARDOUS MATERIALS will be stored on site or inside the cargo containers. 4. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus. All fire apparatus access roads must have a surface to provide all-weather driving capabilities. The fire department will need to have full access to the grounds and building. 5. Fort Lupton Fire Protection District must be notified by the occupant to schedule a fire safety inspection of the business prior to taking occupancy. Greg McGinn 12-5-2011 Signature Date Agency Fort Lupton Fire Protection District Weld County Planning Dept. 1555 N 17th Ave,Greeley,CO.80631 (970)353-6100 ext.3540 (970)304-6498 fax 12/09/2011 15:31 3038570351 CITY OF FT LUPT0N PAGE 01/01 INIMIll 41$,:...t Weld County Referral • November 7,2011 The Weld County Department of Planning Services has received the following item for review: Applicant:BARTEZ LLC Case Number:MUSR11-0002 Please Reply By: December 5,2011 Planner:Kim Ogle Project: MINOR AMENDMENT TO CURRENT USR-1638 TO AMEND MAP TO REFLECT THE AS-BUILT SITE CONDITIONS AND THE INCLUSION OF A LIVING FENCE AT PERIMETER OF TRAVEL LANE, ADDITION OF A FUELING STATION, OUTSIDE PARKING OF EMPLOYEE VEHICLES AND VEHICLES UTILIZED FOR NON-AGRICULTURAL USES AND ADDING THREE CARGO CONTAINERS FOR STORAGE Location:South of and adjacent to County Road 22,0.25 miles West of County Road 29. Parcel Number: 130917100034-R3481005 Legal: PT NE4 SECTION 17, T2N, R66W LOT B REC EXEMPT RE-397S EXC UPRR RES of the 6th P.M.,Weld County,Colorado. The application Is submitted to you for review and recommendation, Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be darned to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional Information,please call the Department of Planning Services. I I We have reviewed the request and find that it does/does not comply with our Comprehensive Plan because: IffWe have reviewed the request and find no conflicts with our interests. See attached letter, a5Qomments: � pa, as 4697 r "Pcu a - L �4�GZ�� TYt� w lfJ/C71�� ilea 10,0 J Y� Signature %4 Date Agency rtrtjYY P i wed County Planning Dept. 1555 N 17111 Ave,Greeley,CO.80031 (970)3538100 exL3540 (970)304.6498 fax --7 • • N N N o U CR 22. CR 22.5 COUNTY ROAD cR 22 22 1\711 I co n I I / t CR 2CI � U CR 18.5 II 11 1 L I N U CR22.5. CR225 1 CANNON LAND COMPANI'RMAN-CALV NGILDEA KIRKPATRICK HERMAN-CAL VIN COUNTY ROA 2J\ GOLD SB E22 PACH = F �NKF�AUSER CANNON LA D COMPAIILIS ti �\\k\`\\ ," SCHAP/HERMOSILLO CANNON LAND COM NY HANSE ono CASTLE PINES NORTIMCCRUMB NESMITH METRO DISTRICT CR 2C N U r . I [1 1 CR 18.5 } I ii 1 I 0 w ______ ._-_._.___� ___- \ . I w a GFt225 a3: I f 4 , ,....,,,,,,k . , .M._ CANNON LAND COMP ,K 1--1".1 NGILDEA -,-------- „, - -41 : 1:::--c.'. , '''..' :_. 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D iiii 9I 1E II �� I 5I,9 i o M.tar m 4uL+l UC •r ptr 665 /�t r Ld,m�n. -t �'''Y`') WARRANTY DEED THIS DEED,Made this 16th day of May,2006 between Bruce B.Wilson and Roberta M.Wilson of the City and County of Weld,Slate of Colorado,grantor and Bartet,LLC,a Colorado Limited Liability Company awhose legal address is:P.O.Box 888,Longmont,Colorado 90502 of the City and County of Boulder,State of Colorado,grantee: WESSETH,That the tl ITN grantor for andi consideration aid sufficiency of the f w of i1 he eby Hundred ledg Thousand Dollars and NO/100's(3515,000.110)the receipt and su5Cicienq�of which is hereby acknowledged,has 2ig granted,barg..:....d,sold and conveyed,and by these presents does grant,bargain,sell,convey and confirm —O unto the grantee,his heirs and assigns forever,all the real property together with improvements,ifany, situate,lying and being in the City and County of Weld.and Slate of COLORADO.described as follows: =3 Lot B,Recorded Exemption No.t309-17-t-RE3975 recorded February l8,2005 at Reception No.3262275. Wier, being a portion of the Northeast V.of Section 17,Township 2 North,Range 66 West of the 6th P.M, —us m County of Weld, /; —e State of Colorado. mom — - also known by street and number as TBD County Road 22,Fort Lupton,CO 80621 e R TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging,or in anywise c tr appennning,and the reversion and reversions,remainder and remainders,rents,issues and profits thereof. mans and all the estate,right,tde,interest,claim and demand whatsoever of the grantor,either in law or equity,of. um.co m`e in and to the above bargained premises,with the hereditaments and appurtenances. 'A" TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto die grantee,his heirs and assigns forever. And the grantor,for himself,his heirs,and personal representatives.does covenant,grant,bargain and agree to mid with the grantee,his heirs and assigns,tuat at the time of the ensealug and delivery of these presents,he is well seized of the premises above conveyed. has good.sure,perfect,absolute and indefeasible estate of inheritance,in law,in fee simple.and has good right.full power and lawful authority to grant bargain,sell and convey the same in manner and forth as aforesaid,and that the same are lire and clear from all former and other grants,bargains,sales.liens.taxes. assessments,encumbrances and restrictions of whatever kind or nature soever,except all taxes and assessments for the current year,a lien but not yet due or payable,and those specific Exceptions described by reference to recorded documents as reflected in the Tide Documents accepted by Buyer in accordance with section Li'Tide Review",of the contract dated March 28,2006.between die parties. The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained prenises in the quiet and peaceable possession of the grantee his heirs mad assigns,against all and even'person or persons lawfully claiming the whole or any pan thereof. The singular number shill include the plural,the plural the singular,and the use of any gender shalt be applicable to all genders. IN WITNESS WHEREOF,the grantor has executed this deed on dhe date set forth above. SELLERS: Bmce B.Wilson o rta M.Wilson STATE OF COLORADO jSS: COUNTY OF Adam,s The foregoing instrument was acknowledged before me t is 16th day of May,21106 by Bruce B.Wilson and Roberta M.Wilson -\CUP(( L L. LCc(I'7 t 0_ Notary Public Witness my band and official seaL My Commission a Ming:BRENDA L 4RCHULETA NOTARY PUBLIC STATE OF CO!LORAGC WDPFOT(1 Security Title Warranty Deed(For PM1omgaph,e Record)updated I/3na6 File No.$0150066 Case#: MUSR11-0002 Name: Bartez, LLC Proposed Project: Minor Amendment to USR- 1638 to include living fence at perimeter of traveling lane, fueling station,outside parking &3 cargo containers in the Agricultural Zone District. Location: South of and adjacent to CR 22; 0.5 -:p Weld County Planning Services 9 5 miles west of CR 29. 1555 N 17th Ave Planner: Kim Ogle Greeley CO 80631 �,. � WE_ elm r r (970)353-6100 ext. 3540 V II_JI a -a 1 � I Case#: MUSR11-0002 Name: Bartez, LLC Proposed Project: Minor Amendment to USR- 1638 to include living fence at perimeter of traveling lane,fueling station, outside parking & 3 cargo containers in the Agricultural Zone District. Location: South of and adjacent to CR 22; 0.5 '66 _z o Weld County Planning Services 11 miles west of CR 29. 1555 N 17th Ave Planner: Kim Ogle / � Greeley CO 80631 W eL J N rr (970)353-6100 ext. 3540 - - I Ili I C 0 sa, Y - ro H U aJ La• > O C •ccCO LG in C L N a+ CO r, 3 7 o +, Lo m oo .i H Hi H Hi H H H H u a O O N N N N IN N N N Lf1 C •Lz N 8 LD lD LD lD W v lD lO W W to N O O O O O O O N O 0 O 0 -0 v co 00 00 00 00 00 00 LD o0 00 00 00 0 •rE a co u v f° a c y o O in CIO H0 0 0 0 0 0 0 0 0 0 U w N Q Y U U U U U U U U U W C O H O U z Z Z z z z z z Z 2, > a r^ O O O O O O O O O w .o, • W W Ha a a a a a a a a Lru al W Q H H H H r l- l- I- l- 5 I- a) o U LL LL LL LL LL LL L.L. L.L. LL a a N Y OD V1 C o C ."' I = C H O D tr I- a, N o 44, Z i^ V-j a tY L N N ri tY WO 04 W O O O D U C > O N L- = a a &IN N N N O O N N Or-I CU ✓ Y N N N N N N N N N CO U a W = CC K C 'Cr CC K C CC K N U In E 2 0 0 0 U x U U U U U at a, D N Ln a- > in V ql m m m o r-- o N Lin 00 o Z I-, O co Ol 00 co in co VI Ql LD V Vl V m m m O m m m m m N -O > O C M h r"1 r-1 r--I a r--1 r-I ti ti r-1 01 C to E > Ln p N • z = E w H v o N U Z O H u a a+ N ` C o cc cc cc a E in E C w H N J N Q.) a cc W Z Z Z m U u o a 2 _i > '� r - ,�, Z o o Q H z Q Y o Q _ a ♦, O CC Z O z ,w U U O y to > to a U Z 2 Q > Z H D = I Q LL '- t -gyp \ E N Z N Z (A = W m Q Q cc H 2 Q oZ O .z' ° c L v u E O 5 Z Y K u Q U H aa) C a r C V1 Z Z a Q l7 O = Y V] a Vf Q u v a, CC c 3 U E v W . o cc~ W LL U Z Q W Z O W W LL v N +' C L5 cc = 2 ¢ w O D a o H — z U D z a`,a) Q v UI 0 VI C U U H K OJ Y L w v CC -, m U - Ll two 0 a K WEICOUNTY COLORADO LAND RECORDS • AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names,addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property(the surface estate)within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submissio ate. _ Signature 7/- 1.i/ Date Property Owners Within 500 ft. of Parcel# 130917100034 ' Account Parcel Owner 1 Mailing Address _ ' R3481005 130917100034 BARTEZ LLC PO BOX 888 LONGMONT CO 60502 R1376202 130908400028 CALVIN GERALD N R1376302 130908400029 CALVIN GERALD N R5176286 130917000029 CANNON LAND CO 3575 CHERRY CREEK NORTH DR DENVER CO 80209 R5176586 130917000030 CANNON LAND CO 3575 CHERRY CREEK NORTH DR DENVER CO 80209 R3181904 130917300002 CASTLE PINES NORTH 7404 YORKSHIRE DR METRO DISTRICT CASTLE ROCK CO 80108 R8049399 130917000003 FANKHAUSER HIDI R8049399 130917000003 FANKHAUSER TERRY R 13892 CR 22 FORT LUPTON CO 80621 R0947501 130908000017 GILDEA CAROL J R0947501 130908000017 GILDEA ROBERT J 13935 22 CR FORT LUPTON CO 80621 R0947401 130908000016 GOLDSBY LOUIS D 13831 COUNTY RD 22 FORT LUPTON CO 80621 R1376202 130908400028 HERMAN-CALVIN KAREN P O BOX 429 FORT LUPTON CO 80621 R1376302 130908400029 HERMAN-CALVIN KAREN P O BOX 429 FORT LUPTON CO 80621 R0947601 130908000018 KIRKPATRICK MONA 13807 CR 22 FORT LUPTON CO 80621 M1041997 130917000025 MC CRUMB DARREL L 13521 CR 20 FORT LUPTON CO 80621 M1041997 130917000025 MC CRUMB SUZANN A R5175386 130917000025 MCCRUMB ESTHER V 13517 CR 20 LIVING TRUST FORT LUPTON CO 80621-9501 R5175286 130917000024 NESMITH CHRIS J 13803 CR 20 FORT LUPTON CO 80621 R5175286 130917000024 NESMITH SHERRY L • • -- Account I Parcel Owner Mailing Address R8059999 130917000005 PACHECO KRISTI R8059999 130917000005 PACHECO RONALD A 13524 CR 22 FORT LUPTON CO 80621 R8049499 130917000004 SCHARA JEFFREY JAMES 13958 CR 22 FT LUPTON CO 80621 R3480905 130917100033 WILSON BRUCE B 9268 CR 28 PLATTEVILLE CO 80651 R3480905 130917100033 WILSON ROBERTA M . OFFICE OF THE STAOENGINEER • .-25 COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg..1313 Sherman St,Denver,Colorado 80203 (303)866-3581 i LIC WELL PERMIT NUMBER 65351 F DIV. 1 two DES. BASIN MD APPLICANT APPROVED WELL LOCATION WELD COUNTY SW 1/4 NE 1/4 Section 17 BARTEZ LLC Township 2 N Range 66 W Sixth P.M. PO BOX 888 DISTANCES FROM SECTION LINES LONGMONT, CO 80502- I 510 Ft. from North Section Line 1440 Ft.from East Section Line (AMENDED) UTM COORDINATES(Meters,Zone:13,NAD83) (303)651-7070 Fasting: Northing: PERMIT TO CONSTRUCT A WELL • ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2,unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(4)and the findings of the State Engineer dated//nc a4a' 29,2007 . 4) The use of ground water from this well is limited to commercial. 5) The pumping rate of this well shall not exceed 20 GPM. 6) The average annual amount of ground water to be appropriated shall nor exceed 2.2 acre-feet. 7) Production is limited to the Laramie-Fox Hills aquifer which is located 360 feet below land surface and extends to a depth of 625 feet. Plain casing must be Installed and grouted to prevent the withdrawal of ground water from other aquifers and the movement of ground water between aquifers. 8) The depth to the top of the Laramie-Fox Hills aquifer is approximate. To ensure the exclusion of poor quality water from zones immediately above the aquifer,plain casing and grout shall extend through the lowerfnost coal and/or carbonaceous shale that overlies the Laramie sand portion of the aquifer. . 9) The entire length of the hole shall be geophysically logged as required by Rule 9 of the Statewide Nontnbutary Ground Water Rules prior to installing casing. 10) The owner shall mark the well in a conspicuous place with well permit number(s),name of the aquifer,and court case number(s)as appropriate. The owner shall lake necessary means and precautions to preserve these markings. 11) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner(recorded at least annually)and submittedlto the Division Engineer upon request. 12) This well shall be constructed at least 600 feet from any existing well.completed in the same aquifer,that is not owned by the applicant. 13) This well shall be constructed not more than 200 feet from the location specified on this permit. 14) Pursuant to CRS 37-90-137(9)(b)and the Denver Basin Rules,no more;than 98%of the nontributary ground water withdrawn annually shall be consumed and the well owner shall demonstrate to the reasonable satisfaction of the State Engineer that no more than 98%of the water withdrawn will be consumed. 15) This well is subject to administration by the Division Engineer in accordance with applicable decrees,statutes,rules,and regulations. NOTE:The ability of this well to withdraw its authorized amount of water1from this non-renewable aquifer may be less than the 100 years upon which the amount of water in the aquifer is allocated,due to anticipated water level declines. NOTICE:This permit has been approved subject to the following change:The UTM coordinate values provided with the permit application were not used and the well location was determined from the PLSS coordinates provided.You are hereby notified that you have the right to appeal the issuance of this permit,by filing a written request with this office within sixty(60)days of the date of issuance,pursuant to the State Administrative Procedures Act.(See Section 24-4-104 through 106,C.Ris.) Permit expiration date extended to February 16,2009 by B.b.H.on 01/23/2008 Permit condition 9 is waived on the basis that a geophysical log is available for a well(Herman 2)within 1320 feet of this location,ETP, 1/16/09. . SMS APPROVED SI�2/ati � r State Engineer a! By Receipt No.3609203 DATE ISSUED 02-16-2007 EXPIRATION DATE 02-16-2008 , • Weld County Ellinmental Health Services rvic N. 17th Avi rtr Greeley, CO 81 'lige Septic Permit - Final Phone: (970) 304-1 Fax: (970) 304-i CpI,pgADp www.co.weld.r Application Number: SP-0900166 Status: Ready to Final App Type: Health\Commercial\New\Septic Applied: 10/20/2009 Applicant Name: CINDY GLEIM Issued: 101 ZDi 09 BARTEZ LLC Finaled: ii _1D PO BOX 888 LONGMONT, CO 80502 Owner Name: BARTEZ LLC Parcel#: 130917100033-R3480905 Legal Desc: PT NE4 17-2-66 LOT A REC EXEMPT RE-3975 EXC UPPR RES (.27R) SITUS: 13756 22 CR WELC 000000000 Site Address: 13756 CR 22 App Specific Info: 1/2 Bathrooms 0 3/4 Bathrooms 0 Application Date 10/20/2009 Associated Building Permit Associated Building Permit Number Basement Plumbing No Full Bathrooms 2 Location Description 13756 CR 22 Number of Bedrooms 3 Number of Persons 18 Other Water Supply Utility Parcel Acres 24 Private Water Supply Well Private Water Supply Permit Reference 65351-F Number Public Water Supply No Public Water Supply Utility Repair Reason Type New Septic Permit Expiration Date Waive Fees No Waive Fees Comment Year Installed EHS Perc Test(Site): Engineer Design Required Yes Engineer Evaluation Received Yes Engineer Job Number 07-1334 Engineer Letter Received No Ground Slope In 100 Year Flood Plain No Limiting Zone Feet 0 Limiting Zone Inches 0 Limiting Zone Qualifier Equal To Percolation Rate Qualifier Equal To Percolation Rate Value 313.3 Slope Direction Soil Description CLAY Soil Type Suitable No Variance Required No Weld County Enviro ental Health Services Departmenl M/ • 555 N. 17th Avenue /etl 1 • Greeley, CO 80631 Phone: (970) 304-641E Jc Septic Permit - Final Fax: (970) 304-6411 www.co.weld.co.us Minimum Installation: Absorption Bed 11000 Absorption Trench Additional Terms and Conditions CONSTRUCT ACCORDING TO ENGINEER DESIGN. Bed Option 1 Bed Option 2 Bed Option 3 Chamber Option 1 Chamber Option 2 Chamber Option 3 Septic Tank Size 2000 Trench Option 1 Trench Option 2 Trench Option 3 Actual Installation: .��) k J w/ sp Chambers ll^�� Septic Tank:C7. ,1"3�' gallons Absorption Trench: sq ft Absorption Bed : A } t-N v o sq ft Design Type: c F'+ I Chamber Model NOTICE The issuance of this permit does not imply compliance with other state,county,or local regulatory or building requirements,nor shall it act to certify that the subject system will operate in compliance with applicable state,county and local regulations adopted persuant to Article 10, Title 25,CRS as amended,except for the purpose of establishing final approval of installed system for issuance of a local occupancy permit persuant to CRS 1973 25-10-111 (2). This permit is non-transferable and n n-refundable.The Weld County Department of Public Health and Evnironment reserves the right to impose additional terms and conditions quired to meet our regulations on a continuing basis. Final permit approval was contingent upon the final inspe ion of the complle�etted system\b th5Weld County Department of Public Health and Environment. X ` ( S� - `� \V 1lic \r H ^ aNc_31 V Environmental Health Specialist Li Date Kim Ogle From: gildea [bornregal@aol.coml Sent: Monday, November 28, 2011 8:16 AM To: Kim Ogle Subject: Re: bartez llc Attachments: 007.JPG; 006.JPG; 008.JPG; 009.JPG; 010.JPG I'm not real clear on the recent notice we got in the mail about Bartez, what he is proposing to do but will wait for a hearing date and waste my time on that. Here are some recent photos of his place. He has done NOTHING to clean up back of property. I was under the impression he is not allowed to habve open storage back there!? Like my husband said, this quy just figures hes above the law and does whatever he wants. I'm hoping that he is not going to try and get the whole property rezoned and add to his "eyesore". We recently were visited by an oil and gas company about running additional lines thru our property, part of the reason for doing so is to try and take part of the heavy truck transporting off road 22 and transport under ground. I wish weld county would try and do the same and quit granting these non-ag permits to these people along road 22. There are plenty of home/land owners along this road to that are deaply affected by all this and WE pay our taxes too! See attached photos of Bartez. He has done nothing and just blowing you guys off. Mr. Calvin and I are prepared to fight this, and make this quy accountable for his actions, we have to look at it daily. Will also be sending a separate email with photos of Polar Gas, right next to our property, which weld county approved, despite our objections. I do not see anywhere on his plans that he has these lines running above ground, just thought you approved him for storage tanks? I get to look at this every time i look out my front window and drive down our drive way. See attached photos in second email. Would appreciate Weld Co. support of their homeowners, not just businesses. Thankyou for your time, Carol Gildea Original Message From: Kim Ogle <kogle@co.weld.co.us> To: 'gildea' <bornregal@aol.com> Cc: Kim Ogle <kogle@co.weld.co.us> Sent: Fri, Aug 12, 2011 11:13 pm Subject: RE: bartez Ilc Hello Carol: Mr. Calvin is correct when he states that the Bartez, LLC was applying bio-solids to the agricultural lands to the south of the metal skinned building. Mr. Holmes, President of Bartez, LLC applied for and was approved by the State of Colorado to topically apply bio-solids (wastes) onto his property. Mr. Calvin is also accurate in his account of the "wastes" being from humans. This material makes for excellent fertilizer and assists in taking marginal lands and making them more productive. Should you or Mr. Calvin 1 have any concerns or additional questions on this topic, please call Lauren Light in Environmental Health. 970-356-4000 x 2702 or alternatively, Ilight(c�co.weld.co.us With respect to the expansion of the USR Permit boundary. Recently the County Attorney has handed down a legal opinion that will require each property owner to encumber the entire site for any and all Special Use Permits./ At the time of approval by the Board of County Commissioners, the "floating" USR was acceptable, this is no longer an approved option given the direction and opinion of the County Attorney. Mr. Holmes has been provided a timeline to make application for his minor amendment to the existing permit. If Mr. Holmes proceeds forward, you as a property owner within 500 feet of the property line will receive notice of any pending land use case action. Please contact me again if new concerns or follow-up on any question, I would be happy to research the inquiry and respond accordingly Thank you, Carol. Kind regards, Kim Kim Ogle Planner Ill Department of Planning 1555 North 17th Avenue Greeley, Colorado 80631 Direct: 970.353.6100 x 3549 Office: 970.353.6100 x 3540 Facsimile: 970.304.6498 ! it , . W [ C CL_u COU N Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: gildea [mailto:bornregal(a�aol.com] Sent: Wednesday, August 10, 2011 11:03 AM To: Kim Ogle Subject: Re: bartez Ilc 2 1 ti V : crx« rbt t , • r ;,Noi tt�f. fir € _ ; e4 " 0010 .�-+ '4_, `--.war ••••••—M • rt— • - a-r x��: +x^wa�" 'r9 -�..��s• ee9► sr n"ar, "° ,-.- r &srr - R s a.,... .0 �- b 1• • RECEIVED JAN 0 3 2012 December 27,2011 Weld County Planning Depart ment Dept.Of Planning Services GREELEY OFFICE 1555 N 17th Ave Greeley,CO 80631 ATTENTION: Kim Ogle In regards to the business at USR 1638,and case#MUSRI 1-0002(Bartez,LLC),I am not in favor of this business expanding. I already have problems with trash blowing onto my property,noise from the work on their equipment,and they store too much equipment and junk around the building that the live fence covers only from the road side. We don't need anymore storage containers,equipment,buildings,or fuel stations,along with any more traffic,noise and dust. Above all,there is no guarantee that the expansion of this business will not lower the value of my property or the surrounding ones. Thank you for all of your consideration in this matter. Sincerely, 2/1- Jeff Schara 13958 WCR 22 Ft. Lupton,CO 80621 303-857-6632 Kim Ogle From: Kim Ogle Sent: Tuesday, May 15, 2012 10:32 AM To: 'gildea' Cc: Bethany Salzman Subject: BARTEZ, LLC Good morning Carol, A requirement for on-site storage is to have an opaque screen in place a minimum of six feet in height. Building permits are not required. Agriculture equipment, are not required to be screened, only commercial vehicles and areas utilized for outside storage. Staff will be visiting the site this week for a visual inspection from the road. Thank you for your comments. Kind regards, Kim Kim Ogle Planner III Department of Planning 1555 North 17th Avenue Greeley, Colorado 80631 Direct: 970.353.6100 x 3549 Office: 970.353.6100 x 3540 Facsimile:970.304.6498 _,IAN I r• 10.,E Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying,distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: gildea [mailto:bornregal@aol.com) Sent: Tuesday, May 15, 2012 6:10 AM To: Kim Ogle Subject: Re: bartez llc Kim, I've noticed that Bartez is putting up a fence in back and seems he is collecting more and more farm equipment back there. I presume this is because "he can". Curious if they are all his or storage for others. Was he given the Ok to put up the fence? Have heard a couple comments from neighbors lately that its getting to be a real eye sore over there. Thankyou for your time, Carol Original Message From: Kim Ogle <kogleco.weld.co.us> 1 To: Bethany Salzman <bsalzman(a.co.weld.co.us> Cc: 'gildea' <bornreaal(c aol.com> Sent: Fri, Mar 23, 2012 7:56 am Subject: FW: bartez Ilc Bethany Please see attached email. Let me know if you need anything further. Carol The Bartez case will be set in the next few weeks. A large yellow sign will be posted on the property identifying date and time. Thank you. Kim Kim Ogle Planner III Department of Planning 1555 North 17th Avenue Greeley, Colorado 80631 Direct: 970.353.6100 x 3549 Office: 970.353.6100 x 3540 Facsimile: 970.304.6498 r, ` r , rc Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: gildea [mailto:bornreaaing aol.com] Sent: Friday, March 23, 2012 7:51 AM To: Kim Ogle Subject: Re: bartez Ilc Hi, I was just wondering what the status of Bartez LLC is. Have not seen a hearing notice on property. I think his time limit has well expired. Also a heads up on CR22 & Rd 31 the new owner of this property seems to be running a business or just collecting alot of cars and whatever on his property. As I had expressed concern over at the first Bartez hearing, road 22 has become a attraction for non-ag. businesses. Especially since Bartez is getting away with storing more and more on the property. Please advise this committee to take a drive down rd22 from Hwy85 to rd41 and see all they have created, that we as homeowners have to live with, and watch our property values go down. Also if there is anyone else in Weld Co. I can contact about this I would appreciate you letting me know. Seems there has to be someone who can do something about the situation out here. Thankyou for your time. Carol Gildea Original Message From: Kim Ogle <kogleaco.weld.co.us> To: 'gildea' <bornreaakV.aol.com> Cc: Kim Ogle <koale(a)co.weld.co.us> 2 Sent: Fri, Aug 12, 2011 11:13 pm Subject: RE: bartez Ilc Hello Carol: Mr. Calvin is correct when he states that the Bartez, LLC was applying bio-solids to the agricultural lands to the south of the metal skinned building. Mr. Holmes, President of Bartez, LLC applied for and was approved by the State of Colorado to topically apply bio-solids (wastes) onto his property. Mr. Calvin is also accurate in his account of the "wastes" being from humans. This material makes for excellent fertilizer and assists in taking marginal lands and making them more productive. Should you or Mr. Calvin have any concerns or additional questions on this topic, please call Lauren Light in Environmental Health. 970-356-4000 x 2702 or alternatively, Ilighta.co.weld.co.us With respect to the expansion of the USR Permit boundary. Recently the County Attorney has handed down a legal opinion that will require each property owner to encumber the entire site for any and all Special Use Permits./ At the time of approval by the Board of County Commissioners, the "floating" USR was acceptable, this is no longer an approved option given the direction and opinion of the County Attorney. Mr. Holmes has been provided a timeline to make application for his minor amendment to the existing permit. If Mr. Holmes proceeds forward, you as a property owner within 500 feet of the property line will receive notice of any pending land use case action. Please contact me again if new concerns or follow-up on any question, I would be happy to research the inquiry and respond accordingly Thank you, Carol. Kind regards, Kim Kim Ogle Planner Ill Department of Planning 1555 North 17th Avenue Greeley, Colorado 80631 Direct 970.353.6100 x 3549 Office: 970.353.6100 x 3540 Facsimile: 970.304.6498 ;I Y O i I W EtcU..LE4UN`x 3 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: gildea (mailto:bornregalna.aol.comj Sent:Wednesday, August 10, 2011 11:03 AM To: Kim Ogle Subject: Re: bartez Ilc I took a copy of your email and proposal for Bartez to my neighbor Calvin Gerald 13595 CR 22 (he also was at the hearing when this was passed) and he and his wife informed me that they have called the health dept on Bartez twice for his dumping of waste on the property. Which they saw and smelled. Just a heads up for you and your staff to maybe look into. they are prepared to come to a hearing if it comes down to it, and very much oppose Bartez being there and the eye sore he has created. If i am reading this right, I would very much oppose him turning the whole property into a special use and by the sounds of it, it would stay just the area he has now? I can only amagine what this guy qould do if it was the whole parcel of land. From Calvins understanding , as was mine this guy deals in human waste for fertilizing. If so what else is he dumping and where is it going, which was a question we asked at hearing and was never answered. If hes allowed to put up fences of any kind, what else will he be hiding behind them? Please look into these concerns and let me know what you come up with. Thankyou, Carol Original Message From: Kim Ogle <kogle(cilco.weld.co.us> To: 'gildea' <bornreoal(a�aol.com> Cc: Kim Ogle <kogle(aco.weld.co.us> Sent: Fri, Aug 5, 2011 9:51 pm Subject: RE: bartez Ilc Hello Carol Staff from the Department of Planning Services met on site with Messrs. Glanz and Holmes, General Manager and President respectively. Staff's site visit identified several issues for resolution. Discussion points included: Living Fence Gasboy addition Elevation of structure New parking configuration, north side of building Current storage containers and proposed amendment Definition of Farm Vehicle Bio-solids vehicle and application Accuracy of Site Plan Staff determined that a new Site Plan (USR Plat) is required which will accurately delineate the current operation and operational layout. In lieu of a fenced in courtyard that will not adequately address the storage of equipment, and associated materials, alternative fencing was explored. The application proposes to place a berm around the North side of the structure, continuing on the west side of the structure and tailing around the South side. The proposed living fence and three foot berm is conditionally approved pending additional information. The Evergreen tree species will be determined by an arborist or nurseryman. The minimum height acceptable for installation will be six (6)foot B&B or equivalent placed on a minimum three (3) foot earthen berm that will be placed with a herbaceous species to retain moisture, prevent erosion and control weeds. Evidence of irrigation water will be required. 4 The Gasboy [Diesel#2, and OTR Diesel] shall be delineated on the Site Plan with notation as to the means to protect the fueling station /and containers from vehicular traffic In your response narrative please describe how fuel spills are addressed and precautions taken and procedures in place in case of incident The storage containers to the south of the building will require removal and replacement with either an enclosed structure or two additional, if not greater, number of cargo (Conex) containers. The outside storage of vehicle parts not associated with farming operations shall be screened from adjacent properties and public rights-of-way. The parking of gooseneck and standard trailers, the parking of vehicles and equipment associated with the oil field industry and the parking of water trucks shall be screened from adjacent properties and public rights-of-way. Equipment associated with standard agricultural practices is exempted from the screening requirement, including irrigation pipe, if neatly stacked on premises. To be compliant with current land use planning regulations, two options are afforded to you and this property. As I indicated during the site visit, the County Attorney's office indicates that the entire piece of property is required to be encumbered by a Use by Special Review. Currently the Bartez, LLC USR floats within the parcel area. This floating USR is not longer an option based on CA interpretation of SB 35.. To rectify this concern two options are available, Option 1, encumber the entire property with the USR permit. Option 2, complete a Recorded Exemption application and create a parcel that will establish the USR boundary.. See attached diagram This link will take you to the Recorded Exemption application: http://www.co.weld.co.us/assets/2DBDB77162C23c62B06D.pdf From the land use permitting perspective, the amendments to the current facility are relatively minor, therefore staff will support the Minor Amendment process to the USR application. This link will take you to the Minor amendment application: http://www.co.weld.co.us/assets/aba59103Dd394cdb84CA.pdf. It is important to state that the Minor Amendment process has land use hearings associated with it and the proposal will be advertised and posted specific to the public hearing date and time. Staff requested a response from Messrs. Glanz and Holmes. Presently, telephone calls have been exchanged but staff and the applicant have been unable to speak directly on the direction to move forward. The attached drawing services as a diagram to assist Messrs. Glanz and Holmes in the preparation of their narrative and plan of action. Carol, if I may of further assistance or you have additional questions, please contact this office. Thank you for your interest and follow-up. Kind regards, Kim Kim Ogle Planner III Department of Planning 1555 North 17th Avenue Greeley, Colorado 80631 Direct: 970.353.6100 x 3549 Office: 970.353.6100 x 3540 Facsimile: 970.304.6498 5 I8 I -10II W E tAd26/O JY�N It u Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: gildea fmailto:bornregal(a)aol.com] Sent: Friday, August 05, 2011 7:55 PM To: Kim Ogle Subject: Re: bartez Ilc Could you please give me an update on this situation. I think you said they had till July 18th? Thanks, Carol Original Message From: Kim Ogle <koole(cilco.weld.co.us> To: 'gildea' <bornregalaaol.com> Sent: Wed, Jul 13, 2011 10:26 am Subject: RE: bartez Ilc Carol I have asked Bethany with code Compliance to drive by the Bartez property and provide updated photographs. You may see her pick-up today. Kim Kim Ogle Planner III Department of Planning 1555 North 17th Avenue Greeley, Colorado 80631 Direct: 970.353.6100 x 3549 Office: 970.353.6100 x 3540 Facsimile: 970.304.6498 Is. , 1Qi I berry W E CJ'IN Y u Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 6 From: gildea ]mailto:bornreoal(a�aol.com] Sent:Wednesday, July 13, 2011 9:21 AM To: Kim Ogle Subject: Re: bartez Ilc Thankyou, will contact you again after the 18th. I think the commitee that approved this needs to drive out and take a look at the monster they created, and what its doing to this area of houses. And Polar Gas right next to us that they approved too. Which WE have to look at daily. They need to do follow-ups on what they approve, and see if they would like living by their decisions. I'm finding out that Weld County seems to cater to business, not homeowners. Thanks again for the update. Carol Gildea Original Message From: Kim Ogle <koole(a),co.weld.co.us> To: 'gildea' <bornreaal(a�aol.com> Cc: Bethany Salzman <bsalzman{o co.weld.co.us>; Kim Ogle <kogleaco.weld.co.us> Sent: Wed, Jul 13, 2011 8:54 am Subject: RE: bartez Ilc Good morning, Mr. Holmes with Bartez, LLC has until July 18 to submit a plan for the property. Staff has not heard from him or his representative concerning this property. Should the July 18 date come and go. Staff will initiate proceedings to revoke his permit. Thank you for your follow-up. Kim Kim Ogle Planner III Department of Planning 1555 North 17th Avenue Greeley, Colorado 80631 Direct: 970.353.6100 x 3549 Office: 970.353.6100 x 3540 Facsimile: 970.304.6498 A6 1011 m� WE dAdc mU N" Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: gildea [mailto:bornregal(cDaol.com] Sent:Wednesday, July 13, 2011 8:51 AM To: Kim Ogle Subject: Re: bartez Ilc Could you please let me know the status on what Bartez is planning on doing. Besides adding more junk behind his building! Thankyou, Carol Gildea Original Message From: Kim Ogle <koole(a�co.weld.co.us> To: 'gildea' <bornrecak'6 aol.com> Cc: Bethany Salzman <bsalzmanta7.co.weld.co.us> Sent: Tue, May 31, 2011 1:50 pm Subject: RE: bartez Ilc Hello Jay Homes with Bartez LLC has been into the office and spoken with staff. Mr. Holmes indicated that the operations have out grown the facility and he on behalf of Bartez will be re-evaluating their position and determine whether to amend the current application, vacate the property or come into compliance with the existing permit. Mr. Holmes was given 60-days from May 18, 2011 to determine his action of remedy. Kim Kim Ogle Planner III Department of Planning 1555 North 17th Avenue Greeley, Colorado 80631 Direct: 970.353.6100 x 3549 Office: 970.353.6100 x 3540 Facsimile: 970.304.6498 , 6 4 L IOU WE ale:£'4t1 Nix u Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: gildea [mailto:bornreaalna aol.com] Sent: Thursday, May 05, 2011 8:42 AM To: Kim Ogle Subject: bartez Ilc Hi, I spoke to you a few weeks ago about all the junk Bartez has stored behind his shop (CR22) and said i did not see an "open storage" listed in his plans. Last i spoke to you, you had sent someone out there. Was just wondering what the status of my concern was, especially since they let this go thru even with neighbors objections. Thanks, C. Gildea 8 Kim Ogle From: Kim Ogle Sent: Wednesday, May 09, 2012 12:21 PM To: Barbara Kirkmeyer; Trevor Jiricek; Tom Parko Cc: Bethany Salzman Subject: RE: Gildea Letter Commissioner Kirkmeyer, I do not have the letter Mrs. Gildea is speaking of, however, I am working with a land owner about a previously approved USR for which we are proceeding forward with a Minot Amendment to the permit, and which Mrs. Gildea has previously inquired on. The permit is for a Site Specific Development Plan and a Special Review Permit No. 1638 for a Use by Right, an accessory use, or a Use by Special Review in the Commercial or Industrial Zone District (Truck Parking, Maintenance and Office) including the addition of a fueling station, additional outside employee parking and vehicles utilized for non-agricultural uses, a living fence for screening, and three cargo containers for storage in the A (Agricultural) Zone District. The property owner and I have been working through the issues associated with the property, If I may be of further assistance, please let me know. Thank you. Kim Ogle Planner III Department of Planning 1555 North 17th Avenue Greeley, Colorado 80631 Direct: 970.353.6100 x 3549 Office: 970.353.6100 x 3540 Facsimile: 970.304.6498 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. Original Message From: Barbara Kirkmeyer Sent: Wednesday, May 09, 2012 11:26 AM To: Trevor Jiricek; Tom Parko; Kim Ogle Subject: A Mrs Gildea sent a letter to me about a complaint- her neighbor on Co Rd 22. Have you researched this yet. The letter was sent to planning a. Couple of weeks ago. What can you tell me?? 1 I went by there Thanks 2 WELD COUNTY 6/1- W144- °4:9' n ta4 414 lyter I COMMISSIONERS �m ezL2t&- 7 to cc ea 42Ua_A O 09 Con(2L,L, ,�2 L//� S a .efi.- 4. ezol a so E I-E'B erk:cr-t_ beshit- 4,71 /1-O e2 7or`Ai-eU a ho -t.�,. ,�A cam- 4o�c Q O tC kett Sri 020 0/ et - G e at/2,oat/2,oern G,2 (zit/ a o t £ 64 64_017-- a Zfret-1,-).-. / /fl C-Gt. J o-zaa i cnd bet r, & r. 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[ ..>J d cml�y , 1S t7-c ., Aa.cte IterAid C :L wtt o /',5 3cJ .ot) p WS/G l l — o, c C 3> Ccr�o c..1 4 /�� / c ,nc cL� t U C U d or aC X1� �ryy�� 4� ,w�� -.2, C tL6 t v c a ft c do , C tco a-cuu uA1� �J ��, /i (2_,La Gv ti e pea„,) ei cLLr 4 4,,,0 . ov X cw( to creird ti c-1.a�q L/rtic52 vvt of 0-4±heaminv�L ,4-111a c GZ. r‘_e yam , p3SCR Q (C 8chz1 3 03 -- ys0 - 8 ES 1/ - 073 -/A Tonya Disney From: Trevor Jiricek Sent: Wednesday, June 06, 2012 3:45 PM To: Tonya Disney Cc: Tom Parka; Kim Ogle Subject: FW: Correspondence Referral - Carol Gildea Tonya, I apologize for not providing feedback concerning the letter from Ms. Gildea. There was some drama with this one as I initially misplaced the letter only to find it later. However, I believe it has been adequately addressed as Commissioner Kirkmeyer contacted Ms. Gildea directly during the week of May 7. I also attempted to contact her during the week of May 14. I left her a message and she did not return my call. After receiving your email today I contacted Ms. Gildea and discussed her letter with her. She did indicate that she rec'd my message but had not returned my call. She is concerned about the number of USR's along CR 22 east of Hwy 85. She is specifically concerned with the Bartez amended USR (minor amendment). She is aware the Bartez case will be heard by the BOCC on Monday,June 11. The hearing is the appropriate place for her to voice her concerns. She indicated she will be in attendance at the hearing. Please let me know if you need anything else! Trevor Jiricek Director Department of Planning& Environmental Health Services 1555 N. 17th Avenue Greeley,Colorado 80631 Email: tiiricek@co.weld.co.us Office#:970-353-6100, Extension 2214 Fax#:970-304-6498 BOARD ACTION: (INITIAL BY SC WG BK DL DR APPROVAL) AGREE WITH RECOMMENDATION- Co WORK SESSION- only for the person or entity to which it is addressed and may contain information that is privileged, confidential or onlerwise protected from disclosure. If you k,„o ^^^ tkic rnmmunication in error, please immediately notify sender by return e-mail and destroy the communi PA-CTB contents of this communication REFERRED TO VI GM\r1Gt - 1 Y Q U b( FOR RECOMMENDATION From: Tom Parka WELD COUNTY Sent: Wednesday, June 06, 2012 2:16 PICONWAY o COMMISSIONERS To: Trevor Jiricek Subject: FW: Correspondence Referral - GARCIA (A, 1811 APR 2b P I I I Didn't Kim take care of this one? KIRKMEYER Tom Parko, M.A. LONG J , Planning Manager RADEMACHER Weld County Dept. of Planning Services 1555 N. 17th Avenue Greeley, CO. 80631 Office:970-353-6100, ext 3572 Mobile:970-302-5333 tjr = 5 r Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication.Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Tonya Disney Sent: Wednesday, June 06, 2012 2:00 PM To: Tom Parko Subject: Correspondence Referral - Carol Gildea Tom, In April I sent to Trevor and I believe it is the one you got a copy of later a green sheet correspondence sheet. I was wondering if you have had a chance to speak with Ms. Gildea and if you have any correspondence with her could you please forward it to our office. If you need another copy please let me know and I will scan you another copy. Thank you, Tonya Disney Clerk to the Board 1150 O Street1PO Box 7581Greeley, Colorado 80632 Phone: 97O-336-7215 x 5226 t el rr = k ri Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. 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