Loading...
HomeMy WebLinkAbout20113133.tiff RESOLUTION RE: ACTION OF BOARD AT INITIAL HEARING CONCERNING RESCINDING USE BY SPECIAL REVIEW PERMIT#1661 - HASBROUCK HOLDINGS, 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, on September 17, 2008, the Board approved the application of Hasbrouck Holdings, LLC, 39646 County Road 39, Ault, Colorado 80610, for a Site Specific Development Plan and Use by Special Review Permit#1661 for a Livestock Confinement Operation (feedlot for 15,000 head of buffalo or 24,000 head of cattle) in the A (Agricultural)Zone District, on the following described real estate, being more particularly described as follows: Lot B of Recorded Exemption#620; being part of the SE1/4 of Section 22, Township 8 North, Range 65 West of the 6th P.M., Weld County, Colorado WHEREAS, the Department of Planning Services notified the applicant of outstanding Conditions of Approval and items to be completed prior to recording the plat, by letters dated June 29, 2009, July 22, 2010, and August 4, September 26, and November 2, 2011, and WHEREAS,on the 7th day of December, 2011, an Initial Hearing was held before the Board to consider granting additional time to meet all of the conditions/requirements of approval and record the plat, or set a Final Determination Hearing to Rescind approval of Use by Special Review Permit#1661 and Deny the application, and WHEREAS, at said hearing, Tom Haren, AGPROfessionals, LLC, represented Hasbrouck Holdings, LLC, and WHEREAS, after hearing all testimony presented, the Board deemed it advisable to grant additional time to meet all of the conditions/requirements of approval and record the plat. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the applicant has demonstrated a willingness and ability to complete the process and record the plat and the matter be, and hereby is, dismissed and referred back to the Department of Planning Services,with instruction that staff provide the Department's Commissioner Coordinator with a six-month progress report, or bring the matter back before the full Board if communication or progress is not being made. CC- PC, CA, /-)p10l 2011-3133 PL1977/_q_/ INITIAL HEARING CONCERNING RESCINDING USR#1661 - HASBROUCK HOLDINGS, LLC PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 7th day of December, A.D., 2011. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, CO RADO ATTEST: • arbaryer, Chair Weld County Clerk to the Board ELA can P. CjPro-.Tem. y, C BY: Deputy Cla k to the Boa 'd i e _ >♦ / illiam F. Gar w V C 1� A EDA . •RM: % /LJNetQ % avid E. Long nn / / oun ' Attorney 0O/4 nrcyt tin d Douglas Rademac er Date of signature: / - 2011-3133 PL1977 1861-2011 MEMORANDUM TO: Weld County Commissioners WELL t0 NTY I I DATE: December 7, 2011 L_J FROM: Chris Gathman L� ._ SUBJECT: USR-1661 Status Timeline: • Approved by the Board of County Commissioners 9/17/2008. • Late plat notification letter sent 6/29/2009. • Letter response from applicant dated 7/13/2009 indicating project not abandoned but on hold due to state of economy and financing. • Late plat notification letter sent 7/22/2010 • Late plat notification letter sent via certified mail 8/4/2011 • Returned receipt received from Hasbrouck Holdings LLC—8/10/2011 • Returned receipt received from AGPRO-8/11/2011 • Letter received from AGPRO 8/10/2011 —requesting a 180-day extension to allow the applicant to obtain financing and complete the conditions of approval. • 2nd late plat notification letter sent via certified mail 9/26/2011 • Returned receipt received from AGPRO-9/30/2011 • 3rd late plat notification letter sent via certified mail 11/2/2011 • Return Receipt received from AGPRO - 11/10/2011. Remaining Outstanding Conditions of Approval: Staff has no record of any of the outstanding conditions of approval having been addressed. There are still a number of substantial outstanding conditions of approval(improvements agreement,evidence that the facility meets state well/groundwater protection requirements (regulation 81), finalized water service agreement... The applicant requested 180 additional days to finalize requirements and submit the plat for recording in a letter received 8/10/2011. Staff Recommendation: The applicant's representative indicates that substantial financing issues(the applicant was unable to complete construction due to the collapse of New Frontier Bank). Given the capital intensity required for this project—staff would be willing to grant a 60-day continuance. This would be consistent with the 180- day extension request asked for by the applicant in August. 1861 - 2011 DEPARTMENT OF PLANNING SERVICES 1555 N 17th Ave W E L D___C O U N T Y Greeley, CO 80631 cgathman@co.weld.co.us PHONE: (970) 353-6100, Ext. 3540 FAX: (970) 304-6498 November 2, 2011 Hasbrouck Holdings, LLC 39646 County Road 39 Ault, CO 80610 AGPROfessionals LLC 4350 Highway 66 Longmont, CO 80504 Subject: 3f° Letter - Outstanding Conditions of Approval and Items to be Completed Prior to Recording the Plat for Use by Special Review, USR-1661. Dear Applicant: The Planning Department is working through our historical case files in an effort to resolve unrecorded and outstanding land use permits. You are receiving this letter because you have applied for a Use by Special Review (USR) permit with Weld County but have never followed through the steps to complete the process. You should have received two other letters from me in August and September concerning the same topic. On September 17, 2008, your application for a Use by Special Review was approved by the Weld County Board of County Commissioners with specific Conditions of Approval. At this time the conditions of approval have not been satisfied and a Mylar Plat has not been recorded with Weld County Clerk and Recorder. One of the required Conditions of Approval in the Board of County Commissioners resolution grants the applicants one-hundred eighty (180) days to submit a Mylar Plat, and provide written evidence that all conditions outlined in the resolution have been completed. Should you choose not to complete the Use by Special Review process and provide the required Mylar Plat, the Department of Planning Services requests written notification of your decision to withdraw the application and that the use is not active on the property. If you are unable to meet the Conditions of Approval and record the plat by December 7, 2011, an initial hearing is scheduled with the Board of County Commissioners. The hearing will take place at the Weld County Administration Building, located at 1150 O Street, at 9:00 am on December 7, 2011. It is strongly encouraged that you attend this hearing. At this hearing the Board of County Commissioners has the authority to grant additional time to meet all the conditions/requirements of approval and record the plat or schedule a final determination hearing to rescind approval of Use by Special Review, USR-1661 and deny the application. 2011-3133 PL 197'7 • If you chose to withdraw the application please sign and date the enclosed form and return to the Weld County Department of Planning Services, Attn: Chris Gathman, 1555 N 17'"Ave., Greeley, CO 80631. If you have further questions, please contact me at the above address or call (970) 353-6100 x 3540. Sincerely, Chris Gathman Planner III • • November 2, 2011 Department of Planning Services Attn: Chris Gathman 1555 N. 17th Ave Greeley, CO 80631 RE: Use by Special Review Application (USR-1661) Dear Mr. Gathman, We wish to withdraw our Use by Special Review Application, Thanks. Please attach documentation that the use is no longer active on the property in question. Name date Name date U.S. Postal Service=I CERTIFIED MAIL RECEIPT fU (Domestic Mail Only;No Insurance Coverage Provided) c0 o- .r tlelivery inf•rmaU•n visit• • ur wesille at www us . Irl 7 postage $ O rti Certified Fee o Postmark O Return Receipt Fee Here O (Endorsement Required) O Restricted Delivery Fee (Endorsement Required) 0 f`- Total Postage&Fees $ rR C Sent To W l i(h L --------- ------------- (: iO� � 39 � ar PO BoxfNo_• �_I C�VV\ CIN•State,ZIPF4 I Co Olo ll See Reverse for Instructions PS Form 3800.August 2006 U.S. Postal Service r,- CERTIFIED MAIL,, RECEIPT , LE" (Domestic Mail Only;No Insurance Coverage Provided) t` p•r.eavery int•rmati nvtsit ur we•site at,aaa.us•s.c mu Ln L.fi Postage $ 0 Postmark rU Certified Fee Here R Return Receipt - O (Endorsement Required) p Restricted DeliveryQuire e (Endorsement ) C3 $ N Total Postage&Fees -n LLL Sent ToAco? W, 1/4 Y`C�\S O - -...t lJo. SO O. rR -gireef.AP "'------"''''111111 •�1- . p ''PO Box Na. -••-- N City'3ta(e,ZIP+4 L"O1sDrMOv� r See Reverse for Instructions PS Form 3800.August 2006 • • 1861 - 2011 DEPARTMENT OF PLANNING SERVICES 1555 N 171h Ave WE L D,C O U T Y Greeley, CO 80631 cgathman@co.weld.co.us PHONE: (970) 353-6100, Ext. 3540 FAX: (970) 304-6498 September 26, 2011 Hasbrouck Holdings, LLC 39646 County Road 39 Ault, CO 80610 AGPROfessionals LLC 4350 Highway 66 Longmont, CO 80504 Subject: 2n° Letter - Outstanding Conditions of Approval and Items to be Completed Prior to Recording the Plat for Use by Special Review, USR-1661. Dear Applicant: The Planning Department is working through our historical case files in an effort to resolve unrecorded and outstanding land use permits. You are receiving this letter because you have applied for a Use by Special Review (USR) permit with Weld County but have never followed through the steps to complete the process. You should have received another letter from me in ?July? concerning the same topic. On September 17, 2008, your application for an Use by Special Review was approved by the Weld County Board of County Commissioners with specific Conditions of Approval. At this time the conditions of approval have not been satisfied and a Mylar Plat has not been recorded with Weld County Clerk and Recorder. One of the required Conditions of Approval in the Board of County Commissioners resolution grants the applicants one-hundred eighty (180) days to submit a Mylar Plat, and provide written evidence that all conditions outlined in the resolution have been completed. Should you choose not to complete the Use by Special Review process and provide the required Mylar Plat, the Department of Planning Services requests written notification of your decision to withdraw the application and that the use is not active on the property. If you are unable to meet the Conditions of Approval and record the plat by December 7, 2011 an initial hearing is scheduled with the Board of County Commissioners. The hearing will take place at the Weld County Administration Building, located at 1150 O Street, at 9:00 am on December 7, 2011. It is strongly encouraged that you attend this hearing. At this hearing the Board of County Commissioners has the authority to grant additional time to meet all the conditions/requirements of approval and record the plat or schedule a final determination hearing to rescind approval of Use by Special Review, USR-1661 and deny the application. If you chose to withdraw the application please sign and date the enclosed form and return to the Weld County Department of Planning Services, Attn: Chris Gathman, 1555 N 17'"Ave., Greeley, CO 80631. If you have further questions, please contact me at the above address or call (970) 353-6100 x 3540. Sincerely, Chris Gathman Planner III • • September 26, 2011 Department of Planning Services Attn: Chris Gathman 1555 N. 17th Ave Greeley, CO 80631 RE: Use by Special Review Application (USR-1661) Dear Mr. Gathman, We wish to withdraw our Use by Special Review Application, Thanks. Please attach documentation that the use is no longer active on the property in question. Name date Name date • SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Si ure In Agent item I t 4 if Restricted Delivery is desired. X O Addressee • Print your name and address on the reverse so that we can return the card to you. B. Received by(Printed N C.Date of Delivery • Attach this card to the back of the mailpiece, or on the front if space permits. D. Is 1? ❑Ye 1. Article Addressed to: It , er delivery address below: O U72E-5--;,01-V.As LLL SEP 30 2011 L{ 3SO 'S L.,Cs WeldCouc., C/� -stosoLi )FFICE LO roc-,�^-to I C V v 3. Service Type ty{Certified Mail O Express Mail ❑Registered ❑Retum Receipt for Merchandise ❑ Insured Mail O C.O.D. 4. Restricted Delivery?(Extra Fee) O yes 2. Article Number 7010 1670 0000 2045 2045 (Transfer from service late° PS Form 3811,February 2004 Domestic Return Receipt 102595-024x41540 U.S. Postal Service,, CERTIFIED MAILro RECEIPT 7 (Domestic Mail Only;No Insurance Coverage Provided) C ru Frdelivery ini•rmati•n visit•ur we•site at www.us•s.c me Postage $ Certified Fee Po mak Return Receipt Fee - Here (Endorsement Required) Restricted Delivery Fee - L7 (Endorsement Required) r `D Total Postage&Fees rR rrR ent To 16161W) 161 '\* StcNn.\.gtS LL� M1 orrPO Box t No, t43Sc i n rtOktua c>(2 City,State,ZIP+4 Lon Svs C Q 3OSO9 PS Form 3800.Augu st 2000 Sr,Reverse for Ltstmctions U.S. Postal Service CERTIFIED MAIL: RECEIPT M (Domestic Mail Only;No Insurance Coverage Provided) O • N F•r•elivery inf rmati•n visrt•urwe•siteat www.us•swml, g r 9 a ru Postage $ O Certified Fee O Postmark in Return Receipt Fee - Here in (Endorsement Required) Restricted Delivery Fee O (Endorsement Required) r 'i Total Postage&Fees $ rrg Sent Ta .,[ SI co c S/ rlo(cQus_ThS, L` r r" or PO Box l No. 31101 to Cr-C 35 City,State,ZIP+4 i 1,1 co. '10010 PS Form 3800,August 2006 01 V."���"`---'See Reverse for Instructions AGPROfessionals LLC ■■ DEVELOPERS OF AGRICULTURE Weld County Planning Department August 5, 2010 GREELEY OFFICE AUG 1 09nin Mr. Chris Gathman RECEIVED Department of Planning Services Building Compliance Division 1555 N. 17th Avenue Greeley, Colorado 80631 RE: USR-1661, Lot B of RE-620; Part of the SE4 of Section 22, T8N, R65W of the 6th P.M., Weld County, Colorado Hasbrouck Holdings, LLC AGPRO Project# 1816-01 Dear Chris: In regards to your letter dated July 22, 2010, giving notice that the property listed above, and herein noted as Hasbrouck Holdings, is not in compliance with USR-1661. Hasbrouck Holdings requests that an extension be granted to allow for acquisition of additional financing to complete the facility and meet the Conditions of Approval for USR-1661. Construction pursuant to approval of the USR Permit commenced immediately after approval and the earthwork and storm water management system are nearly complete; however due to the collapse of New Frontier Bank and the overall poor economy, the Hasbrouck Holdings project had to be put on hold. Additional construction is required to complete the Conditions of Approval for submittal of the Final Plat and the landowner is unable to complete necessary construction at this time. As noted in section 23-2-290 of the Weld County Code a three (3) year time frame is allowed for construction or use from the date of approval and Hasbrouck Holdings is within this time frame as USR-1661 was approved on September 17, 2008. Sec. 23-2-290. Termination of use. A. Construction or USE pursuant to approval of a Use by Special Review Permit shall be commenced within three (3) years from the date of approval, unless otherwise specified by the Board of County Commissioners when issuing the original Permit, or the Permit shall be vacated. The Director of Planning Services may grant an extension of time,for good cause shown, upon a written request by the landowner. ENGINEERING, SURVEYING, PLANNING & CONSULTING 4350 Highway 66 Longmont,CO 80504 970.535.9318 / office 970.535.9854/fax www.agpros.com Page 2 of 2 I am requesting that the Director of Planning Services grant an additional 180 days to complete the Condition of Approval and submit the final plat for this project. If you have any questions please contact me at (970) 535-9318. Sincerely, /441C-11(-1--( 117---(2 Tim Naylor Planning Consultant Cc: Jay Hasbrouck 1861 - 2011 �_ DEPARTMENT OF PLANNING SERVICES • 1555 N 17th Ave W E L DEC O U T Y Greeley, CO 80631 cgathman@co 0 PHONE: (970) 353-6100, Ext.Ext. 354 3540 FAX: (970) 304-6498 - August 4, 2011 Hasbrouck Holdings, LLC 39646 County Road 39 Ault, CO 80610 AGPROfessionals LLC 4350 Highway 66 Longmont, CO 80504 Re: Conditions of Approval; Use by Special Review USR-1661 Dear Applicant: On September 17, 2008, your application for a Use by Special Review was approved by the Weld County Board of County Commissioners with specific Conditions of Approval. At this time the conditions of approval have not been satisfied and a Mylar Plat has not been recorded with Weld County Clerk and Recording. One of the required Conditions of Approval in the resolution grants the applicants One-Hundred Eighty (180) days to submit a Mylar Plat, and provide written evidence that all conditions outlined in the resolution have been completed. Should you choose not to complete the Use by Special Review process and provide the required Mylar Plat, the Department of Planning Services requests written notification of your decision to withdraw the application and that the use is not active on the property. Planning Services Staff is aware of the difficulty and associated delays in meeting the Conditions of Approval normally associated with land use cases, and is willing to work with you in completing your request. Please notify the Department of Planning Services, in writing, within 10 working days of your decision to complete the Use by Special Review within the next 60 days or withdraw the application. If you chose to withdraw the application please sign and date the enclosed form and return to the Weld County Department of Planning Services, Attn: Chris Gathman, 1555 N 17th Ave., Greeley, CO 80631. If you have further questions, please contact me at the above address or call (970) 353-6100 x 3540. Sincerely, • Chris Gathman Planner III pc: case file • • • August 4, 2011 Department of Planning Services Attn: Chris Gathman 1555 N. 17th Ave Greeley, CO 80631 RE: Use by Special Review Application (USR-1661) Dear Mr. Gathman, We wish to withdraw our Use by Special Review Application, Thanks. Please attach documentation that the use is no longer active on the property in question. Name date Name date SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete Items 1,2,and 3.Also complete a natu Item 4 if Restricted Delivery Is desired. l7 Agent • Print your name and address on the reverse � 0 Addressee so that we can return the card to you. It Recelved by(Printed Name) C. D4e of livery • Attach this card to the back the mailplece, or the front 1`Oir 8 41�t or on if space permits. 1. Article Addressed to: D. Is d •. . 17 ❑Y If ally Sa No AGF SS,D„c.IS, LLC. 1-1 SSO Hink4wO. lo(ct AUG 1 1 2011 Lout wmo."-\1-) Co '3Oso-( Weld County riannm2 Pap rtmygt 3. servicritchekLEY OFFICE gCerti ied Mall ❑Express Mall Registered l7 Return Receipt for Merchandise ❑Insured Mall l7 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7010 1670 0000 2045 4285 (rransferfiomsen4ee lab.° .__-- -- - PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 U.S. Postal Service in CERTIFIED MAIL ri RECEIPT rn (Domestic Mail Only;No Insurance Coverage Provided) m Rl Fr slivery lnt.rmeti•n visit •ur we•site at www.us•s.c•m0 u, O Postage $ fld Certified Fee O Postmark Return Receipt Fee 0 (Endorsement Required) Here O Restricted ndo Delivery Fee (Endorsement Required) O $ Total Postage&Fees H Sent o AGp PO SSio \DAS, LC.C— O or PO Box No. HSSo 111 Dl'lkxl� (OG, r- City,Stele,ZlPa4 0,0+) CO $0509 PS Form 3800.August 2006 See Reverse tor Instructions • SEN E': CAM•LETE THIS SECTION COMPLETE THIS SECTIIN IN •ELIVERY • Complete items 1,2,and 3.Also complete A. .nature item 4 If Restricted Delivery Is desired. • O Agent • Print your name and address on the reverse X %r s .t-cce i.s O Addressee so that we can return the card to you. -A by(Printed C Name) C. to Delivery • Attach this card to the back of the mailpiece, C. or on the front If space permits. fir' 3.1� ll I (( 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes 1 I /� R YES,enter delivery address below: O No cz IS"'CR Ek°L9A'tt3S 1 LCC RECEIVED 3c 1(.04-I to GvAn task 39 Pro l4 Co Zo( I O ' li l l Wei tirirFlar tment Mel Mall m Receipt for Merchandise O Insured Mall O C.O.D. 4. Restricted Delivery/(Este Fee) ❑yes - 2. Article Number (Transfer from service label 7010 1670 0000 2045 4278 PS Form 3811,February 2004 Domestic Return Receipt losses-02-M-1540 U.S. Postal Service CERTIFIED MAIL - RECEIPT m (Domestic Mail Only;No Insurance Coverage Provided) 1'- ti Per•ellvery Int'rmatl•n visit•ur we•site at www.us•s.c•m,.. Postage $ O N Certified Fee Return Receipt Fee Postmark (Endorsement Required) Here Restricted Delivery e Fee - (Endorsement Required) 0 M1 Total Postage&Fees $ H / O Sent To c sbaC.kx- 1 1 I (fo�-.-n3S , L r0 a or PO Box No. (LC— or Apt.No.; ��l "1 D�.`3 ?-0,SccQ 39 PO M1 City,State,ZIPa4 AR, , (O 10(0 I PS Form 3800.August 2006 Sec Revd se for Instructions (ssikeri;N:, DEPARTMENT OF PLANNING SERVICES IWWW.CO.WELD.CO.US E-MAIL ADDRESS: cgathman(a�co,weld.co.us O 1555 N. 17th Avenue, Greeley, CO. 80631 Phone: (970) 353-6100 Ext. 3537 COLORADO Fax: (970)304-6498 July 22, 2010 Hasbrouck Holdings, LLC 39646 County Road 39 Ault, CO. 80610 AGPROfessionals, LLC 4350 Highway 66 Longmont, CO. 80504 Subject: USR-1661, Lot B of RE-620; Part of the SE4 of Section 22, T8N, R65W of the 6th P.M., Weld County, Colorado Dear Hasbrouck Holdings, LLC, Notice is hereby given that the property listed above, is not in compliance with USR-1661 (Special Use Permit 1661).All conditions of the original permit must be in compliance by Monday,August 23rd 2010 or a Probable Cause public hearing, pursuant to Chapter 23, Article 11(2), Division 4, Section 23-2-270 of the Weld County Code, will be scheduled. If the Probable Cause Hearing is scheduled, the purpose of this public hearing will be to review case number USR-1661, for compliance with the Development Standards, as approved by the Board of County Commissioners on September 17, 2008, to determine if probable cause exists to hold a hearing on revocation of the permit. Representatives of this office have determined that you are not in compliance with the following condition of approval: "Upon completion of 1. and 2. above the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within thirty(30)days from the date of the Board of County Commissioners resolution.The applicant shall be responsible for paying the recording fee." All conditions of approval shall be addressed and the USR plat shall be submitted for recording by no later than August 23rd, 2010. Alternately, should the applicant not wish to proceed with the application a letter requesting withdrawal of USR-1661 shall be submitted to the Department of Planning Services.Additionally, the site shall be reclaimed to its previous condition prior to any preliminary work(grading work...)associated with this project. A timeframe as to when the site will be reclaimed shall be provided to the Department of I • • Planning Services. If it is determined at the public hearing that there is probable cause that you are not in compliance with USR- 1661, the Board of County Commissioners will schedule a Show Cause public hearing to consider revocation of the Use by Special Review permit. 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, Chris Gathman Planner III pc: USR-1661 • Chris Gathman From: Josh Holbrook Sent: Tuesday, August 10, 2010 7:48 AM To: Chris Gathman; Richard Hastings Subject: FW: High Plains uncompleted punch items Attachments: High Plains 003.jpg; High Plains 004.jpg; High Plains 016.jpg; High Plains 009.jpg; High Plains 008.jpg; High Plains 007.jpg; High Plains 012.jpg; High Plains 011.jpg; High Plains 014.jpg; High Plains 017.jpg; High Plains 019.jpg; High Plains 018.jpg Attached is pictures from High plains both sites. I will get the letter out to Andy today. From: Donald Stang Sent: Friday, August 06, 2010 3:22 PM To: Josh Holbrook Subject: High Plains uncompleted punch items Josh, Here are photos of the punch list items not done. High Plains project on WCR 32. The slipping asphalt in the acceleration lane is getting larger this may cause problems with our recent overlay on that road. Photos 3 and 4 ,16 Show still exposed west end of culvert with no means of stopping erosion in ditches. Photos 7, 8, 9, 11, 12 Show unprotected ditch slopes with heavy erosion. Photo 14 Silt fence still down. High Plains project on WCR 54. Photos 17, 18, 19 show no seeding has been done. 1 • S • Let me know if you have any questions. Don Stang Don Stang Construction Inspector II Weld County Public Works 970-304-6496 EXT-3746 Cell 970-301-2623 dstang(co.weld.co.us 2 41 e " r ....;,,,r. : : '-....—:-...- i--s?‘,pt r-r.'7.i f: 3z:.,F ' .v. • ; `. . +a y ¢ r + Y;-.f1y4er 'F • '.( �: '''':`::'.t!:.:_,°,-,.', ll^'Y 1 .tT t ft •�S,. Y y[r7 4 . -:=1,-...;;,..,--. 1"-,/4.r-• ••y •J J it :r ,. lNaw .:1 t .l +ti' { Y}7 ,'fie .J` s � ' 1 9 ''':::::*-';''$t15.N ; t . 1� a .'"r' 4'..-1,",.If�^*"y`s'>>"4 4- ' _ •\,:;'-';';''t•;.2,%,-;'W • 1 I r •t may,,,. y `- i �•w k— •*r I e 4 .,:,..„..,,,,,1{ t L 1Y•sy►.1" �z— 7e#. ipy^; `�;T � a -: �•*r tt�� .r"r'1 s: h�.• • ti ii,k-,.. ' r lj� y.,y 4,4-s,,,••,. !„ t }„ '' J-' �/''�,,. Appr { A / k ,,f'..�J'A :-1/A---414..C-..N. y_, Y ""M ¢ �..yifr y,. `• .�f %'. 4;•-'1.7:17',...,-,'71t.,:::7.- -,;e Z,.' i- {ii.:-'-'-:-:- T• 1�. .14.•,-�` l,."- �_ pia 1-:-;. CL , ,',:a.,..4.- 24. 1{` ;Ia ' .a, ,� �� ' 'fr `• • j . . r+; .. '� -',1.-;-_ •. ''. ti. `I. r• _ + 'fin;, ....e -...- . r r '' . : . re ",71,tn, �« '�Si-tl : �w�'* r• � '-•:.---•'''•—,•-•• te' �"i`*—+n� • • • �y - . 4rGR r?`' '' to " — 4 i T I .---f'.'...-",..,.;.:74:-.17i)-S-:::'- , f. r + r�.•� -� `a` .<< tW.i' ▪ siL s ad .' � ‘-'1':,,,,,:;;';, 1 4 { t'- -. 'f ?-.4 .4t:—.-.'s ra...;4. a,•`ti• �,r. ., >F _ a j.y if .'"-1<,y r'. d• ...*,A6. .. f r Ir :.',:.y,,� rt" 'j >F-+! 4 a� a' t c ,:• A..,44-‘,17...,7- j.,s .,'-�'-- 1 + t .,.,.4f.,,,,,,...;;;,• " ' ' 5c � .It 4.....• -t �- • ,.i{• '•r '� .4r` �.•- a '-''I..q'0,Z} , t•,n,1. ,5 N;.:-.. !yam_�P:.• 4 sag ` y..,, t :It'y r., ,z "u. � w*5 h 0.r y ', V ,.y r-� tLl - ti �▪ .. .:'•!'",„,..''..":-.,.._ +..� 4 4 Y✓.;...,..e,,-- �r7'. c �rlY'.'d ':,-,,.:,i:4.:..::: i t'., �r s� 4 a yr '1t alt . r p, ;.�,. i ..� r ' ,�-d' t,., b .:ra`� . r. 'I, rr:',.:::,,-, �. `6 { 1 v 1 �/ y r + �15'��. t �G�I, 1 f�✓ , .y! .tea.) yi , r 4 - 4` s,.� e 1 ..;r, 'C 4• T.,. -=‘,4.:;,,-y-; '< rtt- i C` ` �z��Y „ �"�'c � �• ( 'h F,-WC.,�s•1-1 v� if•-• } q•- 7 ;▪ . r }��Y▪ bid" •,,,,-.:;,..i.-..,--..4..j; t Z.l�rru : ,,,,t.� ]rF it' ? �. '"" � •{ S-.4'''''''•4'.,.;,G"' -' , etc w e.I' '' s t 4 ,„,,,-. , +F.r:•.a�r -r• '�'y. 'tip iu ,.ry• A: YF a".t �, ,t, :,„,1,.. t .� 1 F�,,1•4'�y ,:-...*..4..4-...,-.;',... ja- S a x A -.7:-,..1.,,.:-;:\,;Zti a ',..G'u. - 9 414 'T k, ti .hc c1�>•rJz �• y t.-..7:':',‘C,t"`r ¢ ./` • Y' • .� a 7,f a. z > - rte 'mil}. 9,� S' .+ ,. -...� '1 i ? ,b, _ 4 {+ ay t'j j .' 4 ,'.,1'it -•I < i�} �` �,•--- 1 y �:a Y k+ ~q • A • Ne • .:..t'A,...--.-",-,r.1 .• dry,1_'. _ I�a.Y 1.1 Zr •a 7,.,,A'L'5 x , F ' 0 A .•4,; • % _ i • '^yid. . Ti,:. "• �. . •y .y ,V , ;y}' ,fi � •„t:.• "; ' *.k" �A r 5 , 4—I':. -1444:f � r d k t y y� s ? r g 1 , a '5:',.;:• .;i' ` r t' - e r,�� �� ' y fq 9k ,,„...4.,..„.....,..-:.:,„,.• a;' .fete '; s x6,7,0 r1 4a mot. A r ', gip}fi,• ! ? '7,,f J *i f�rfa3.v it Vie a E ;r k ,4 1..k N'i a • h `4 ';?•,' t e 7 ..:.''''',.. 1,-'4‘.•''...., t t r` s Y 4C?'a • • p• % . rv7. r Y 4, ✓ • ,9 r 9 74,,,...., „4,...7- ate; kt �kr ▪ .Y Yt�• �4K Y i , �`�¢ ,5 • ' . • ii.'''''',I•13.7-•.;,,,IL",','•ilirki4'-* ,.,-1,..P.- :''f4,i, ,..".44L.,,:,," _ t `' -�tt', �".+..43.rte },. .,F— .•' . _ , . -.‘,...,,,,_,--,p,,...,2, ... ,,i,:..La...- • --,•. , ' t,;.. -...'-,-.1„ t..,'S'f.--'-1:11- ,-,i'N%.,414.,,.;,,,-,-r,..;,rik,",,,frey;.' II,/, +41-ft , -,.-Ai: . , q :a Wei'. •pri , t': y' ._ . , } 't � fy{ aft^i�rh �- 44.41:.,..`,1 .fi-;',.."'•'IV i -a s ll, '.1 i' • tt. �, • �'ty ., r�' iii °:tom • .' w H ,i F ,,i 4O9 .;i' ..t.'1".:,-?.....1r. '_,;:',.. :x�y :.k. { ne 1 ° L. :, -,!,,i,. .1.....if,::;:s•[.:::.,.i-:., • .....'S :x�b i f ,�{'1 K . "^ i‘:•,_.',.q:�', ' C f si * 1 � ;/+ .It 1HF1C i y �� tV t� • I aPa 9 R t 'yf,l�y,hnlf 3 4.'!',''' ;kYl k: g Aq 1 t.rad 1 dam'` t '.-fis} ly ht /A Y•" • )...‘').r‘\'' i W , . . •' • • +yam r4 (. ♦' 1 ? !PG 4 p -. • � 1;� j l .. ,{-,e�s�'gJ Y't�.�.t am+y �r' `�`' 1 t rJ • t . r -O.44;''''',..1, 'r • • , 'f.,=fit • a'a<+'t. •.• j• v .r ..l 7 y dIVP 1 'ty 1p l . k f i e' I• , • Y �• _ . ---.,..., ....4•-•:7'_ 7...••: ^ I • f • { , 1,' 1h ..'L..: Ate i` '. 1,1 ��.ey 11 a. � ��� } 1 '1 ,�i DOUBLE)FAM: Jay Hasbrouck 39646 WCR 39 Ault,CO 80610 41.' t' ,4 (970)834-1583 Commercial Cattle and Lamb Feeder Wok;County Planning Department GREELEY OFFICE JUl 14 ?mg RECEIVED July 13, 2009 Department of Planning Services Greeley Planning Office Subject: Use by Special Review#1661 Dear Kim Ogle, This letter is to inform you that this project has not been abandoned and it is the intent of Hasbrouck Holdings to proceed with this project. Due to the state of the economy and the lending institutions we have put this project on hold. Along with this letter I have sent the $50.00 recording continuance charge. 4 /, brouc Holdings LLC ay -asbrauck President File USR-1661 ‘4"...1. • DEPARTMENT OF PLANNING SERVICES Greeley Planning Office I 918 Tenth Street WI Greeley, Colorado 80631 WEBSITE: www.co.weld.co.us OE-MAIL: kogle@co.weld.co.us Dee PHONE (970) 353-6100, EXT. 3549 FAX (970) 304-6498 COLORADO June 29, 2009 Hasbrouck Holdings, LLC Double J Bison Feeders, Inc. 39646 County Road 39 Ault, Colorado 80610 Subject: Use by Special Review# 1661 Dear Hasbrouck Holdings, LLC: The Department of Planning Services is contacting you regarding the approval of USR#1661 through action of the Weld County Board of County Commissioners on September 17, 2008. This land use permit was conditionally approved pending action by the applicant's representative AgPRO of Longmont, Colorado and /or the applicant of record. Review of the case file finds limited activity after the September 17, 2008 public hearing. It is important to state that Section 23-2-200.E provides timelines for completing the requirements associated with this case. For reference, the citation is as follows: "If the Use by Special Review has not commenced within three (3)years from the date of approval or is discontinued for a period of three (3) consecutive years, it shall be presumed inactive. The COUNTY shall initiate an administrative hearing to consider whether to grant an extension of time to commence the use or revoke the Use by Special Review. If the Use by Special Review is revoked, it shall be necessary to follow the procedures and requirements of this Section in order to reestablish any Use by Special Review." At the Commissioners hearing, by agreement to the Conditions of Approval, you stated that 180 days to record the USR#1661 plat was acceptable. The date for providing the required documents and submitting the Improvement Agreement, Collateral and recording the plat has passed. Given this condition, staff may impose Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required thirty(30)days from the date the Board of County Commissioners Resolution was approved a $50.00 recording continuance charge may be added for each additional 3 month period. This current penalty assessed as of June 29, 2009 is fifty (50.00) dollars. The Department of Planning Services is aware of the difficulty and associated delays in meeting the Conditions of Approval normally associated with land use cases; and this office is willing to work with you. At this juncture, this office is requesting a letter from you indicating that the project has not been abandoned and that it is the intention of Hasbrouck Holdings, LLC, to complete this project, addressing and meeting all of the conditions of approval in a timely manner. Should a written response on letterhead not be received by July 15, 2009, this office will take the appropriate action, if required. Should you have additional questions or require clarification on any of the points presented, please contact this office. Thank you. Sincerely, Kim O Planning Services pc: S.Arries,Attorney's Office T.Honn,Director A.Siron,Compliance File: USR-1661 b586-S£5(0L6) :xEJ • 81£6-S£5(0L6) OJ'AINOOJO93M'INdH193HJ.JOIS3Mc93ONVN • i POW�110 rCEM �l N8 dIHSNMO1ZZ NOIJJ3S 30 9/IIP/311111OS 3H110 LAW ONI30 ON 33 JO A 101 I U b0S08 OD`� Z`99 4 H(Mb �T T 7� v W `o B 3. = c SNOlln'IOSHONnos3N'd(INVi Ii7i1dwo0 SNOI.L3HS-SSOHI3 S _ i : 02id7�I 311 `SONIQZsx x3nOHEISVH x X ¢ I m I U I ci uogena13 uofenal3 n o 0 0 O O 0 O co co 0 00 N C In V 00 N C In 7 7 V 7 7 V O V 7 Tr 7 't O I I I I r$ I I I I I I I o I I I I I I I I I I I I o — O W — _ — W - - U 1 - - a _ _ R' _xi rilH 0 i -et Gil Ca u I Z a o o _dzIL...._.._. _.. .N5eetas.os _.._.._.._.._. .._.N5vurd 7 '. _ C C O O _.. ._.. ._.._.. .. W Avm aSJ:AoIa.n> 4' IN _.. vMCATAM1. - W — W — W — O 0+ + _ ,atlON_d03Nl'IN3lN3J b (IV N3 3NI"1N31N3J — O I C13E '° - — ~ — CJ 4 rig, cro in cro in W O W a, 2 a ~ O W LL "' — O - a O p O Z a o 2 rno > O _ - _. _....-- ._ + > O I _ O __ - -_- _. + W to O 0\ ILI 5ul _ `-I - — 'H - W ;--I _ Ems, _ W .-I IJ-1 QW W - W W 1 - 0 Q - I ogcc I I I Ib I I I I I I I I I a I I I I I I I I I I I I o a cn o o 0 o °O o o o 0 o °° 00 N CO In 7 00 N C In 7 Cr, v c � v t- v a v k(Dii. c_\ Elevation Elevation ' — 1 uogena13 uol;enal3 v 0o N C O 0 0� V o0 v nV\ 7 7 W 7 V 7 p 7 7 C' O 1 -- I I I I t I I I I I I I +0 III III I I I I I I 0 1 J _ c.) “4,_ — Lij Cl W _ — —O CD �I co o a - - O — • _ — co o. r5veJ3s.ns 'JI$de13S.Ts __, — — C — C_ O _ — L _.._.. •;_.._ . (�pp M _.._.._.._. �.._.._.. M .--I .._. . Avm.3Si01a sir J..� 1ya Avm Jo 1H?Au 7i6 W W _ (n W — O — O i O W o +• + �a O (YOM 3o 3NIlN3J.N3J O QJ r� OtlON i1J BNl'IN31N3J 0 CU rl 0 .--1 — O ,9 _ L .--I • F W .--I _ v - J -i LU W LL J — W — O J oa cc Q 8 I I I I I I I I I I I I a I I I I I I I I I I I I o a cn ceD _ cc co or-- eD coon co 7i- co, a v v v v c c c 't Elevation Elevation m 0 Na DJsu boo /1/AC0 5^^PS P NOI�.JdS SSC?P 0VOe CNOd \tuPpu V u5Isa0 viJomg)JDH =-I0 u= 1-44sSU03 lolpaad u0s19 on 'S6uIp gD IOH vianojgsoll — £0\sbwploH >I Dr10 SDH — 9181\H-009r Weld County Planning Department GREELEY OFFICE rs MEMORANDUM MOv 7onfi RECEIVED TO: Chris Gathman, Planning Services DATE:n November 24, 2008 WI I DC FROM: Don Dunker, P.E., Public Works (,lYy • COLORADO SUBJECT: USR-1661, Hasbrouck Holdings (Buffalo Feedlot) The Weld County Public Works Department was near USR-1661 Buffalo Feedlot, located at CR-90 between CR-43 and CR-45. It was noticed that the site sediment and retention ponds are built to close to CR-90 right of way. Per the USR-1661 Resolution for Hasbrouck Holdings, LLC item; 1. Prior to recording the Plat: A. 13 and 14 state the sediment and retention ponds shall be 50' from the edge of the future right-of-way for CR-90. The total distance from the outside toe of slope of the ponds to the future CR-90 is 50' minimum. The applicant has applied for and been granted a grading permit, the accepted Grading and Erosion Control plan are preliminary in nature and approved construction plans have not been submitted to Weld County Public Works for review, the applicant is continuing construct at the site at their own risk. The current location of the sediment and retention ponds are not acceptable. Final as-built plans shall show the measurement from edge of the future right-of-way for CR-90 to outside toe of slope of the retention pond berm and sediment pond berm as 50' minimum. These plans shall be stamped, signed and dated by a registered Engineer able to practice within the State of Colorado. Please direct the applicant at this time, to provide final stamped, signed and dated grading plans by a registered Engineer able to practice within the State of Colorado and correct the sediment and retention pond locations in the field. pc: USR-1661 file email pc: Chris Gathman,Planning Services email pc: Kim Ogle, Planning Services email pc: Bruce Barker,County Attorney mail pc to applicant: Hasbrouck Holdings, LLC—39646 CR 39-Ault, CO 80610 email and mail pc to Engineer Representative:Cody Hollingsworth—AGPROfessionals LLC,3450 Highway 66—Longmont,CO 80504 M:\PLANNING—DEVELOPMENT REVIEW\USR-Use by Special Review\USR-1661 Hasbrouck Holding LLC Feedlot\Field check 112408 ponds to close to CR-90-ROW.DOC Chris Gathman From: Janet Carter Sent: Tuesday, October 21, 2008 2:52 PM To: Don Dunker; 'Cody Hollingsworth'; Chris Gathman Cc: David Bauer; Lin Dodge Subject: RE: Hasbrouck Holdings, LLC Grading Permit submittal comments Cody, The following items need to be addressed. Numbers 1 through 10 were comments that were not completed from the previous comments that still need to be resolved: 1) The Erosion Control Plan drawing shall be a minimum scale of 50:1. 2) Show a Vehicle Tracking Control pad on the plans and include a detail. 3) Place a note on the plan stating that the pond will be built first to act as sediment pond, and it shall be cleaned out after construction to ensure volume is per the design plans. 4) Please provide a maintenance schedule to change out the straw bales and replace silt fence. 5) Show and provide straw bales along the east boundary of the property to keep the soil form eroding under the silt fence and traveling off site. No sediment shall leave the construction site. 6) Include a note specifying that if there is damage to the roadway while any tracking it is being cleaned; any damage will be the responsibility of the property Owner. 7) The maximum time is 30-days of no construction activity within an area and then it shall be seeded. 8) Denote the locations where there will be cut/ fill locations. 9) Please provide a seed mix on the plans should seeding be required. 10) Has a CDPHE storm water permit been applied for from the State and issued? You must obtain permit coverage to discharge stormwater from any construction activity that disturbs at least 1 acre of land (or is part of a larger common plan of development or sale that will disturb at least 1 acre) . The owner or operator must apply for coverage under the Stormwater Construction Permit at least 10 days prior to the start of construction activities. 11) A silt fence needs to be placed along the east side of the property to prevent erosion into Owl Creek. Thanks, Janet L Carter Traffic Engineer Weld County Public Works Dept. P.O. Box 758, Greeley, CO 80632 Tele-970.356 .4000 ext 3726 Fax- 970.304 .6497 Original Message From: Don Dunker Sent: Monday, October 06, 2008 9:48 AM To: Cody Hollingsworth; Chris Gathman Cc: David Bauer; Don Dunker; Janet Carter Subject: Hasbrouck Holdings, LLC Grading Permit submittal comments 1 Cody, The following items need to be addressed: 1) The Erosion Control Plan drawing shall be a minimum scale of 50:1. 2) Show a Vehicle Tracking Control pad on the plans and include a detail. 3) Per the legend it indicates that silt fence will be around entire site is this correct? 4) Place a note on the plan stating that the pond will be built first to act as sediment pond, and it shall be cleaned out after construction to ensure volume is per the design plans. 5) Include water truck notes for dust control of site. 6) Include a note specifying that if CR-90 is tracked with debris that it will be cleaned immediately and describe the method of cleaning. The method shall be such as to not damage the roadway; any damage will be the responsibility of the property Owner. 7) Show and provide straw bales along the east boundary of the property to keep the soil form eroding under the silt fence and traveling off site. No sediment shall leave the construction site. 8) Has a CDPHE storm water permit been applied for from the State and issued? 9) Note 4 states that . . .disturbed areas shall be planted in a reasonable time. . . , the maximum time is 30-days of no construction activity within an area and then it shall be seeded. 10) A note needs to be added that indicates who is the Erosion Control Inspector for the site with contact information and recording keeping duties. All records shall be kept along with updated SWMP and BMP map on site. 11) Note 7 indicates that the silt fence will be placed at all fill locations; denote these locations on the plan also include cut sections. 12) Please provide a seed mix on the plans should seeding be required. 13) Please provide a maintenance schedule to change out the straw bales and replace silt fence. 14) All plans the SWMP shall be stamped and signed by a registered Engineer able to practice within the State Colorado. Thanks, Don Dunker, P.E. Weld County Public Works 1111 H Street Greeley, CO 80631 phone: 970.304 .6496 ext. 3749 fax: 970.304.6497 ddunker@co.weld.co.us 2 Hello