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Home My WebLink About20081670.tiff INVENTORY OF ITEMS FOR CONSIDERATION Applicant: Western Sugar Cooperative Case USR-1654 Number • Submitted or Prepared Prior to At Hearing Hearing 1 Staff Comments X Department of Planning Services Field Check Form X Planning Commissioner Field Check Form Letter to Applicant X Affadavit of sign posting X Legal Notifications X 2 Application X Maps X Surrounding Property/Mineral Owners X Utilities X 3 Referral List X 4 Referrals without comment Weld County Zoning Compliance, referral received 4.25.2008 X • C9id w/ ecrivirgwist4 5 Referrals with comments X Weld County Department of Building Inspection, referral received 4.28.2008 Weld I County I1 School District RE-9, referral received 4.29.2008 X ( hJ Lk/Nat,- tJ° Cot.,..,.,}) Weld County Department of Public Works, referral received 5.2.2008 x and (riz(zoc2 West Greeley Soil Conservation District, referral received 5.6.2008 X (lit) t.nt- IJo C.ow.rnikt) North Weld County Water District, referral received 5.8.2008 X Office of the State Engineer—Division of Water Resources, referral received X 5.19.2008 Weld County School District RE-6 Transportation Department, e-mail X received 5.21.2008 a.s‘d L-ett &o i 1 5(zra/og City of Greeley, referral received 5.22.2008 x Weld County Department of Public Health and Environment,referral received x • 5.27.2008 EXHIBIT X • (Bert_ exAbu stinc9- neev-1.14 c4ti Pc--. 6 PC Exhibits Amendments to Administrative Comments, dated x June 3, 2008 • I hereby certify that the 6 items identified herein - = submitted to the Department of Planning Services at or prior to th- sche• led Planning Commissioners hearing. Kim Ogle ❖ Planner • • LAND USE APPLICATION h iDe SUMMARY SHEET COLORADO Case Number: USR-1654 Hearing Date: June 3, 2008 Applicant: Front Range Feedlots LLC; Post Office Box 517, Eaton Colorado 80615; c/o Western Sugar Cooperative, 1320 First Avenue, Greeley, Colorado 80631 Request: A Site Specific Development Plan and Special Review Permit for an Agricultural Service establishment primarily engaged in performing agricultural, animal husbandry or horticultural services on a fee or contract basis, including Sorting, Grading and Packing fruits and vegetables for the grower (handling and storage of sugar beets) in the Agricultural Zone District. Legal Description: E2NE4 Section 28, T6N, R65W of the 6th P.M., Weld County, Colorado Location: West of&adjacent to County Road 43; South of&adjacent to County Road 66 Size of Parcel: +/- 74.95 acres • POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit are listed in Section 23-2-220 of the Weld County Code. The Department of Planning Services'staff has received responses from the following agencies: • Weld County Zoning Compliance, referral received 4.25.2008 • Weld County Department of Public Health and Environment, referral received • Weld County Department of Public Works, referral received 5.2.2008 • Weld County Department of Building Inspection, referral received 4.28.2008 • Office of the State Engineer—Division of Water Resources, referral received 5.19.2008 • Weld County Sheriff's Office, referral received • Colorado Division of Wildlife, referral received • Weld County Ambulance Services, referral received • Weld County School District RE-9, referral received 4.29.2008 • North Weld County Water District, referral received 5.8.2008 • Weld County School District RE-2, referral received • West Greeley Soil Conservation District, referral received 5.6.2008 • Colorado Department of Transportation (CDOT), referral received • Eaton Fire Protection District, referral received Referral responses have not been received from the following agencies: EXHIBIT • Western Sugar Cooperative, USR-1654, page 1 2008-1670 • a Kit SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW 11`k COLORADO Planner: Kim Ogle Case Number: USR-1654 Hearing Date: June 3, 2008 Applicant: Front Range Feedlots LLC; Post Office Box 517, Eaton Colorado 80615; c/o Western Sugar Cooperative, 1320 First Avenue, Greeley, Colorado 80631 Request: A Site Specific Development Plan and Special Review Permit for an Agricultural Service establishment primarily engaged in performing agricultural, animal husbandry or horticultural services on a fee or contract basis, including Sorting, Grading and Packing fruits and vegetables for the grower (handling and storage of sugar beets) in the Agricultural Zone District. Legal Description: E2NE4 Section 28, T6N, R65W of the 6th P.M.,Weld County, Colorado Location: West of&adjacent to County Road 43; South of&adjacent to County Road 66 • Size of Parcel: +/- 74.95 acres Parcel Number: 0803-28-000075 THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 23-2-220 of the Weld County Code as follows: A. Section 23-2-220.A.1 --The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinances in effect. Section 22-2-60 A.Policy 1.3 states "Allow commercial and industrial uses, which are directly related to, or dependent upon agriculture, to locate within the A(Agricultural)Zone District when the impact to surrounding properties is minimal, and where adequate services are currently available and reasonably obtainable. Agricultural businesses and industries will be encouraged to locate in areas that minimize the removal of agricultural land from production." A beet piling and storage facility is considered agricultural related use. B. Section 23-2-220.A.2--The proposed use is consistent with the intent of the A (Agricultural)Zone District. Section 23-3-40.B.1, Agricultural Service establishment primarily engaged in performing agricultural, animal husbandry or horticultural services on a fee or contract basis, including Sorting, Grading and Packing fruits and vegetables for the grower(handling and storage of sugar beets) in the Agricultural Zone District. • Western Sugar Cooperative, USR-1654,page 2 • C. Section 23-2-220.A.3 --The uses which will be permitted will be compatible with the existing surrounding land uses. . Development standards and conditions of approval will ensure that this operation is compatible with the existing surrounding land uses. d. Section 23-2-220.A.4--The uses which will be permitted will be compatible with the future development of the surrounding area as permitted by the existing zoning and with the future development as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The proposed USR is located within the 3-mile referral area of the City of Greeley. The City, in their referral received 5- -2008, indicated no objections to this application. If new land uses are proposed in the future, the Town of Mead requests such applications be submitted to Mead for review and processing. Also, if the applicant plans to place additional housing on the site, Mead requests that they annex. No referral response was received from the Town of Firestone. e. Section 23-2-220.A.5—The site is located within the floodplain as defined by FIRM Community Panel map 080266-0855C, dated September 28, 1982. Any proposed or future development within the floodplain will require a flood hazard development permit. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) • f. Section 23-2-220.A.6 --The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The majority of the property is designated as "other"with portions of the site designated as"Prime" and "Irrigated Non Prime" in the northwest corner of the site according to the U.S.D.A. Soil Conservation Map, dated 1979. g. Section 23-2-220.A.7--The Design Standards(Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250,Weld County Code), Conditions of Approval and Development Standards ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. 1. Prior to recording the plat: A. The applicant has not indicated that there will be any lighting on site. If lighting is intended, a Lighting Plan, including cut sheets of the proposed light fixtures, shall be provided to the Department of Planning Services for review and approval. The lighting plan shall adhere to the lighting requirements for off-street parking spaces per Section 23-4-30.E of the Weld County Code and shall adhere to the lighting standards, in accordance with Section 23-3-360.F and Section 23-2-250.D of the Weld County Code. Furthermore, the approved Lighting Plan shall be delineated on the plat. (Department of Planning Services) B. Provide evidence that a Standard Operating Procedure for sludge and manure removal • (cleaning of impoundments to maintain capacity) has been submitted for approval to the Western Sugar Cooperative,USR-1654,page 3 • Colorado Water Quality Control Division required by Colorado Water Quality Control Commission Regulation Number 81 [81.5 (3)].Written evidence of Department of Public Health and Environment approval shall be provided to the Department of Planning Services. (Department of Public Health and Environment) C. The applicant shall demonstrate that wastewater impoundments meet required setbacks to water wells and groundwater required by Colorado Water Quality Control Commission Regulation Number 81. [81.5(6)]. Written evidence of Department of Public Health and Environment approval shall be provided to the Department of Planning Services. (Department of Public Health and Environment) D. The applicant shall provide evidence that a CAFO Colorado Discharge Permit has been applied for or obtained from the Colorado Water Quality Control Division.Written evidence of Department of Public Health and Environment approval shall be provided to the Department of Planning Services. (Department of Public Health and Environment) E. Section 22-5-100.A of the Weld County Code states "oil and gas exploration and production should occur in a manner which minimizes the impact to agricultural uses and the environment and reduces the conflicts between mineral development and current and future surface uses." Section 22-5-100.6 of the Weld County Code states "...encourage cooperation, coordination and communication between the surface owner and the mineral owner/operators of either the surface or the mineral estate." Section 22-5- 100.6.1 of the Weld County Code also states "new development should be planned to take into account current and future oil and gas drilling activity to the extent oil and gas development can reasonably be anticipated." The applicant shall either submit a copy of an agreement with the property's mineral owner/operators (Anadarko & Kerr-McGee Oil • and Gas Onshore, LP) stipulating that the oil and gas activities have been adequately incorporated into the design of the site or show evidence that an adequate attempt has been made to mitigate the concerns of the mineral owner/operators. Drill envelopes can be delineated on the plat in accordance with the State requirements as an attempt to mitigate concerns. The plat shall be amended to include any possible future drilling sites. (Department of Planning Services) F. The applicant shall address the recommendations of the Weld County Sheriff's Office as stated in their referral received November 13, 2007. Written evidence of such shall be submitted to the Department of Planning Services. (Weld County Sheriff's Office) G. The applicant shall address the requirements of the Weld County Department of Public Works as stated in their referral received October 10, 2007. Written evidence of such shall be submitted to the Department of Planning Services. (Department of Public Works) H. The applicant shall attempt to address the requirements of the Longmont Soil Conservation District as stated in their referral received October 12, 2007. Written evidence of such shall be provided to the Department of Planning Services. (Longmont Soil Conservation District) The applicant shall address the requirements of Weld County Ambulance Services as stated in their referral received October 1, 2007. Written evidence of such shall be provided to the Department of Planning Services. (Weld County Ambulance Services) J. The applicant shall address the requirements of the Colorado Department of Public Health and Environment—Water Quality Control Division/Environmental Agriculture • Western Sugar Cooperative,USR-1654,page 4 • Program as stated in their referral received November 2, 2007.Written evidence of such shall be provided to the Department of Planning Services. (Colorado Department of Public Health and Environment) K. If a sign is proposed, the applicant shall submit a detailed signage plan to the Department of Planning Services, including location and size. Signs shall be in compliance with Article VI, Division II and Appendices 23 C through E of the Weld County Code. (Department of Planning Services) L. The applicant shall address the requirements of the Weld County Department of Planning Services(landscape referral)dated September 12, 2007. Written evidence of such shall be provided to the Department of Planning Services. (Department of Planning Services) M. The applicant shall provide written evidence to the Department of Planning Services verifying that all occupants of the existing twenty(20)single-family mobile homes/multiple family dwelling units are employees of Aurora Dairy. The evidence shall consist of tax records (W-2 forms), employment agreements or other documentation as determined suitable by the Department of Planning Services. (Department of Planning Services) O. The plat shall be amended to delineate the following: 1. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. (Department of Planning Services) 2. The attached Development Standards. (Department of Planning Services) • 3. Each sheet of the plat shall be labeled USR-1625. (Department of Planning Services) 4. Current State Highway 66 right-of-way shall be delineated on the plat. The applicant shall verify the existing right-of-way and the documents creating the right-of-way. A total of 75 feet from the centerline of State Highway 66 shall be delineated as future right-of-way for State Highway 66. (Colorado Department of Transportation) 5. The applicant shall address and adhere to the American with Disabilities Act (ADA)and ADA standards for this facility at all times. Non-ambulatory/ ambulatory parking spaces shall be identified and shown on the plat. This site will be required to meet all requirements of the Americans with Disabilities Act. ADA parking spaces are twenty(20)feet by eight(8)feet with five(5)foot aisles. A minimum of one space must be van accessible with an eight(8)foot aisle. An accessible path shall be required from the building to the public right-of-way. The parking spaces must be the closest possible to the entrance. Signing will be required. Curb cuts, ramps and other methods of providing accessibility shall be required to reasonably attempt to meet the requirements of this Act. Should the applicant elect to not adhere to the previously discussed Federal Standards, this office requests that the applicant outline how their proposed site design mitigates the requirements of the American's with Disabilities Act. (Department of Planning Services) 6. The approved lighting plan, if applicable. (Department of Planning Services) • Western Sugar Cooperative,USR-1654,page 5 . 7. Any approved signs, as applicable. (Department of Planning Services) 8. The 200-foot setback radii for existing oil and gas tank batteries and the 150-foot setback radii for oil and gas wellheads located on the site shall be indicated. (Department of Planning Services) 2. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. (Department of Planning Services) 3. Upon completion of 1. and .3 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 One-Hundred and Twenty(120)days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) 4. The Department of Planning Services respectively requests the surveyor provide a digital copy of this Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable). This digital file may be sent to maps@co.weld.co.us. (Department of Planning Services) • 5. Prior to Release of Building Permits (for to any construction, alterations, or change of occupancy:) A. A building permit application must be completed and two complete sets of plans including engineered foundation plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review.A geotechnical engineering report performed by a registered State of Colorado engineer shall be required. (Department of Building Inspection) B. Buildings located or to be within a 100-year floodplain shall require a flood hazard development permit. (Department of Building Inspection) 6. Prior to Certificate of Occupancy/finaling building permits: A. A letter of approval shall be provided from the Mountain View Fire Protection District. (Mountain View Fire Protection District) 7. 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) Western Sugar Cooperative,USR-1654,page 6 • • SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Aurora Dairy Corporation USR-1625 1. A Site Specific Development Plan and Special Review Permit for an Agricultural Service Establishment primarily engaged in performing agricultural, animal husbandry, or horticultural services on a fee or contract basis including: Veterinary clinics or hospitals, Livestock Confinement Operation for a 3,000 head dairy and multiple single-family dwelling units per lot other than those permitted under Section 23-3-20.A and Multi-family Dwellings for persons principally employed at or engaged in farming, ranching or gardening 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. Storm water drainage will be handled by a retention pond and settling pond located at the south end of the feeding facility. The retention pond and settling will be maintained and operated in accordance with the Colorado Confined Animal Feeding Patrolled Regulation. (Department of Public Works) 4. 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. (Department of Public Western Sugar Cooperative,USR-1654,page 7 • Works/Planning Services) 5. The operation shall be limited to a total of sixty (60) employees. (Department of Planning Services) 6. The existing single-family dwelling units (mobile homes) and multiple family dwelling units on the property (twenty (20) units total) shall be exclusively for employees of the Aurora Dairy Corporation. The applicant shall provide evidence on an annual basis to the Department of Planning Services verifying that all employees living on site are employees of Aurora Dairy Corporation. (Department of Planning Services) 7. Semi tractor-trailers picking up milk shall be limited to 14 (fourteen) to 21 (twenty-one) per week, commodity farm trucks shall be limited to fourteen (14) per week, and semi-tractor commodity trailers shall be limited to five (5) per week, hay trucks, semi tractors daily during hay season, silage trucks daily during silage season, semi-tractor - livestock trailer limited to one (1) per week and rendering trucks as needed as stated in the application materials. (Department of Planning Services) 8. All feed alleys shall be surfaced with gravel and shall be graded to prevent drainage problems. (Department of Public Works) 9. The hours of operation in the milking parlors and related facilities will be 24 hours a day, 365 days a year. However, equipment operations, trucks, farming activities and maintenance activities other than emergencies shall occur primarily during daylight hours, as stated in the application. (Department of Planning Services) 10. The facility shall operate in compliance with Colorado Water Quality Control Commission Regulation Number 81. (Department of Public Health & Environment) 11. The facility shall maintain CAFO Colorado Discharge Permit coverage and operate in compliance with Colorado Water Quality Control Commission Regulation Number 61. There shall be no discharge of manure or process wastewater, except as provided in the facilities CAFO Colorado Discharge Permit. (Department of Public Health & Environment) 12. Any manure or process wastewater applications shall be at agronomic rates and in accordance with the Nutrient Management Plan or Manure &Wastewater Management Plan. There shall be no discharge from land application areas except for agricultural stormwater. (Department of Public Health & Environment) 13. The facility shall be operated and maintained in a manner to prevent nuisance conditions and operate in accordance with their approved Management Plan for Nuisance Control. (Department of Public Health & Environment) 14. The facility shall control fugitive dust on this site and be operated and maintained in a manner to prevent nuisance conditions. The facility shall be operated in accordance, at all times, with their current approved Management Plan for Nuisance Control. (Department of Public Health & Environment) 15. The facility shall be operated in a manner to control pests. The facility shall be operated in accordance, at all times, with their current approved Management Plan for Nuisance Control. Additional control measures shall be implemented at the request of the Weld County Department • Western Sugar Cooperative,USR-1654,page 8 • of Public Health and Environment in the event that rodents(which can be determined to be associated with the facility) are in such a number to be considered a nuisance condition. (Department of Public Health & Environment) 16. The facility shall be operated in a manner to control flies. The facility shall be operated in accordance, at all times, with their current approved Management Plan for Nuisance Control. Additional fly control measures shall be implemented at the request of the Weld County Department of Public Health and Environment in the event that flies (which can be determined to be associated with the facility)are in such a number to be considered a nuisance condition. Additional controls shall also be implemented in the event the Weld County Department of Public Health and Environment receives a significant number of fly(associated with facility)complaints, and in the judgment of the Weld County Health Officer, there exists a fly condition requiring abatement. (Department of Public Health & Environment) 17. The facility shall be operated in a manner to control odors. The facility shall be operated in accordance, at all times,with their current approved Management Plan for Nuisance Control. Odors detected off site shall not equal or exceed the level of fifteen-to-one dilution threshold, as measured using methods set forth in Regulation 2 of the Colorado Air Pollution Control Regulations. Additional controls shall be implemented at the request of the Weld County Department of Public Health and Environment in the event odor levels detected off site of the facility meet or exceed the level of fifteen-to-one dilution threshold, or in the judgment of the Weld County Health Officer, there exists an odor condition requiring abatement. (Department of Public Health & Environment) 18. The applicant shall remove, handle, and stockpile manure from the livestock area in a manner that will prevent nuisance conditions. The manure piles shall not be allowed to exist or • deteriorate to a condition that facilitates excessive odors,flies, insect pests, or pollutant runoff. The surface beneath the manure storage areas shall be of materials which are protective of State waters. These areas shall be constructed to minimize seepage or percolation of manure contaminated water. In no event shall the facility impact or degrade waters of the State in violation of Colorado Water Quality Control Commission Regulation Number 81. (Department of Public Health & Environment) 19. Any Individual Sewage Disposal System (I.S.D.S.)on the property shall be permitted, installed, maintained and operated in compliance with Weld County I.S.D.S. Regulations. (Department of Public Health & Environment) 20. The facility shall operate in compliance with applicable Colorado Air Quality Control Commission Regulations. There shall be no open burning except"agricultural open burning"as defined by Colorado Air Quality Control Commission's Regulation 9. (Department of Public Health & Environment) 21. There shall be no permanent disposal of solid wastes, as defined in the Regulations Pertaining to Solid Waste Disposal Sites and Facilities(6 CCR 1007-2), at this site. (Department of Public Health & Environment) 22. The facility shall adhere to the maximum permissible noise levels allowed in the Light Industrial Zone as delineated in Section 25-12-103 C.R.S, as amended. (Department of Public Health & Environment) • Western Sugar Cooperative,USR-1654,page 9 • 23. Waste materials, not specifically addressed by other development standards, shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. (Department of Public Health & Environment) 24. If required, a stormwater discharge permit shall be obtained from the Colorado Water Quality Control Division for construction activities. (Department of Public Health & Environment) 25. Any domestic wastewater treatment works shall comply with Colorado Water Quality Control Act, specifically, the facility shall comply with the July 31, 2007, Compliance Advisory from the Colorado Department of Public Health and Environment concerning the sewage disposal requirements for the mobile homes on the property. Any final resolution to the Advisory must take into consideration the sewage disposal requirements for the new office. (Department of Public Health & Environment) 26. The dairy facility shall use Central Weld County Water as stated in the application materials. (Department of Planning Services) 27. A plan review is required for each building for which a building permit is required. Plans shall include a floor plan. Building plans shall bear the wet stamp of a Colorado registered engineer or architect. Two complete sets of plans are required when applying for each permit along with a Code Analysis Data sheet, provided by the Weld County Building Department. (Department of Building Inspection) 28. Buildings 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: 2003 International Building Code, 2003 International Mechanical Code, 2003 International Plumbing Code, 2005 • National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) 29. Building height shall be measured in accordance with the 2003 International Building Code for the purpose of determining maximum and height for various uses and types of construction and to determine compliance with the Bulk Requirements from Chapter 27 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) 30. A separate building permit shall be obtained prior to construction/alterations of or change of occupancy of any building. (Department of Building Inspection) 31. Prior to the release of building permit, the applicant shall submit evidence of approval from the Mountain View Fire Protection District to the Weld County Building Department. (Department of Building Inspection) 32. Effective January 1, 2003, Building Permits issued on the proposed site will be required to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department of Planning Services) 33. Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40)(Department of Planning Services) • 34. The property owner acknowledges that mineral owners and lessees have real property interests Western Sugar Cooperative, USR-1654,page 10 • that entitle them to surface use in accordance with Colorado State Statutes and applicable Colorado oil and Gas Conservation Commission regulations. (Department of Planning Services) 35. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 36. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 37. The property owner or operator shall be responsible for complying with the Livestock Confinement Operation standards of Section 23-4-350 of the Weld County Code. 38. The property owner or operator shall be responsible for complying with the Livestock feeding performance standards of Section 23-4-710 of the Weld County Code. 39. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. 40. Personnel from the Weld County Departments of Public Health and Environment, Planning Services and Public Works shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County regulations. 41. 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. 42. 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. • Western Sugar Cooperative,USR-1654,page 11 • DEPART•T OF PLANNING SERVICES NORTH OFFICE a446t 41CI 918 10T" Street GREELEY, CO 80631 • PHONE: (970) 353-6100, Ext. 3540 FAX: (970) 304-6498 COLORADO April 25, 2008 Western Sugar Cooperative c/o Mike Otto 1302 1s'Av Greeley CO 80631 Subject: USR-1654- Request for a Site Specific Development Plan and Special Review Permit for an Agricultural Service establishment primarily engaged in performing agricultural,animal husbandry or horticultural services on a fee or contract basis, including Sorting, Grading and Packing fruits and vegetables for the grower (handling and storage of sugar beets) in the Agricultural Zone District on a parcel of land described as E2NE4 Section 28, T6N, R65W of the 6th P.M., Weld County, Colorado. Dear Applicants: Your application and related materials for the request described above are being processed. I have scheduled a meeting with the Weld County Planning Commission for June 3, 2008, at 1:30 p.m. This meeting will take • place in the Hearing Room, Weld County Planning Department, 918 10th Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members may have. It is the applicant's responsibility to comply with state statutes regarding notice to mineral estate owners. Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant shall provide the Weld County Planning Department with written certification indicating the above requirements have been met. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time,date,and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway(access drive) intersects a publicly maintained road right-of-way. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission. This recommendation will be available twenty-four(24)hours before the scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services'office before the Planning Commission hearing to make arrangements to obtain the recommendation. If you have any questions concerning this matter, please call. Respectfully, Kim le • Planner • PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS MAY 23, 2008. THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, KIM OGLE, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE PLANNING COMMISSIONERS HEARING FOR SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR AN AGRICULTURAL SERVICE ESTABLISHMENT PRIMARILY ENGAGED IN PERFORMING AGRICULTURAL, ANIMAL HUSBANDRY OR HORTICULTURAL SERVICES ON A FEE OR CONTRACT BASIS, INCLUDING SORTING, GRADING AND PACKING FRUITS AND VEGETABLES FOR THE GROWER (HANDLING AND STORAGE OF SUGAR BEETS) IN THE AGRICULTURAL ZONE DISTRICT • KIM OGLE Name of Person Posting Sign Signature o erson Posting Sign STATE OF COLORADO ) ss. COUNTY OF WELD The foregoing instrument was subscribed and sworn to me thi"J day of PO , 2008. WITNESS my hand and official seal. • ��p1 IN[.pe ' oTA . 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L.,. ia, ' i O • •• / :N., .., ., . • • .110 as • • • FIELD CHECK Inspection Date: MAY 21, 2008 CASE NUMBER: USR-1654 APPLICANT: Western Sugar Cooperative c/o Mike Otto LEGAL E2NE4 Section 28,T6N, R65W of the 6th P.M.,Weld County, DESCRIPTION: Colorado LOCATION: West of and adjacent to CR 43; South of and adjacent to CR 66. Zoning Land Use N A(Agricultural) N Agricultural—two SFRs immediately to North,2 additional SFRs adjacent to the west from the first two residences E A(Agricultural) E Agricultural,with SFRs in idistance S A(Agricultural) S Agricultural—DCP Midstream Compressor Station W A(Agricultural) W Agricultural Description of Request: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR AN AGRICULTURAL SERVICE ESTABLISHMENT • PRIMARILY ENGAGED IN PERFORMING AGRICULTURAL,ANIMAL HUSBANDRY OR HORTICULTURAL SERVICES ON A FEE OR CONTRACT BASIS,INCLUDING SORTING,GRADING AND PACKING FRUITS AND VEGETABLES FOR THE GROWER(HANDLING AND STORAGE OF SUGAR BEETS)IN THE AGRICULTURAL ZONE DISTRICT COMMENTS: Property has two points of ingress and egress recently cut into the property,the one to the west aligns itself with a farm access across the road. The single family residence and driveway are to the west of this alignment. The easternmost access for the oiler aligns itself with open fields in production. Oil and gas access roads are to the east and west of each drive respectively. The site is planted in an unknown grass that has been drilled in place. There is a borrow ditch to the north and south of County Road 66 a two lane paved road. Overhead electric is to the south of CR 66 on wood poles. Underground electric and Atmos gas are located to the North of CR 66. DCPMidstream has a gas line south of CR 66. Adjacent to the borrow ditch is a concrete lined ditch for irrigation water. Oil and gas encumbrances are present on site; i.e.,two pumper jacks and 3-tank battery's are present on site[Noble Energy(Swanson 4-28)], more so to the east of the proposed facility. There are two pilers on site with the associated ancillary equipment yet to be connected to the pilers. Internal access roads have not been constructed, and there are no additional improvements present as of May 21. 2008. f e, lanner • Hello