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HomeMy WebLinkAbout20071544.tiff INVENTORY OF ITEMS FOR CONSIDERATION Applicant Contreras Case Number USR-1590 Submitted or Prepared Prior to At Hearing Hearing 1 Staff Comments X Department of Planning Services Field Check Form X Letter to Applicant X Legal Notifications X Sign Posting Affadavit X 2 Application X Maps X Deed/ Easement Certificate X Surrounding Property/Mineral Owners X Utilities X 3 Referral List X Referrals without comment X USDA Veterinary Services referral received 11/14/2007 X 4 Referrals with comments X Weld County Department of Public Works referral received 11/29/2006 (2 pages) X Weld County Department of Public Health and Environment referral received X 3/22/2007 (3 pages) Weld County Department of Building Inspection referral received 11/29/2006 X Weld County Agricultural Extension referral received 11/29/2006 X State of Colorado Engineers Office—Division of Water Resources referral received X 12/6/2006 (2 pages) • 5 Surrounding Property Owners/Mineral Owners - Letters N- 6 PC Exhibits 6A Letter dated March 29, 2007 from Pat McNear X • 6B Letter dated April 30,2007 from Kim R. Lawrence- Lind, Lawrence& Ottenhoff X LLP (along with attachments) (6 pages) • 6C Letter dated April 18, 2007 from Erin P. Kress-Environmental Agriculture Program X —Colorado Department of Public Health and Environment 7 Plonning CommissionResefution--. I hereby certify that the 13 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commissioners hearing. t i A,' sCdalte EXHIBIT c„ tkva Chris Gathman •'r Planner T/.—\� USE 41590 2007-1544 COLORADO LAND USE APPLICATION SUMMARY SHEET Case Number: USR-1590 Hearing Date: May 1, 2007 (Continued from January 2, February 6, &April 3, 2007) Applicant: Contreras Farms, C/O Pat McNear— Scott Realty; 1212 8`"Avenue, Greeley, CO 80631 Situs Address: 30189 County Road 78 & 30401 County Road 78 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 Livestock Confinement Operations (a calf raising operating for up to 5,000 head) in the A (Agricultural)Zone District Legal Description: Lot B of RE-3515 and E2SW4 Section 19, Township 7 North, Range 63 West of the 6th P.M., Weld County, Colorado Location: North of and adjacent to County Road 78 and east of and adjacent to the intersection of County Road 61 and County Road 78 Size of Parcel: +/- 140 acres 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 Department of Public Health and Environment, referral received 3/21/2007 • Weld County Department of Public Works, referral received 11/29/2006 • Weld County Department of Building Inspection, referral received 11/29/2006 • Office of the State Engineer— Division of Water Resources, referral received 12/6/2006 • USDA-APHIS Veterinary Service, referral received 11/14/2006 • Agricultural Extension Service, referral received 11/29/2006 Referral responses have not been received from the following agencies: • Greeley No. 2 Ditch • Galeton Fire Protection District EXHIBIT USR-1590-Contreras Farms, Inc. 1 ₹ I SPECIAL � � \ REVIEW PERMIT I = \t ADMINISTRATIVE REVIEW WI1Dc. COLORADO Planner: C. Gathman Case Number: USR-1590 Hearing Date: May 1, 2007 Applicant: Contreras Farms, CIO Pat McNear—Scott Realty; 1212 8th Avenue, Greeley, CO 80631 Situs Address: 30189 County Road 78 & 30401 County Road 78 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 Livestock Confinement Operations (a calf raising operating for up to 5,000 head) in the A (Agricultural)Zone District Legal Description: Lot B of RE-3515 and the E2SW4 Section 19, Township 7 North, Range 63 West of the 6th P.M., Weld County, Colorado Location: North of and adjacent to County Road 78 and east of and adjacent to the intersection of County Road 61 and County Road 78 Parcel Size: +/- 140 acres Parcel Number: 0713 19 300019 & 0713 19 300008 THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE DENIED 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 not 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." The application states that two domestic wells are located on the property with the ability for a third domestic well to be drilled for backup and surplus water. The Office of the State Engineer—Division of Water Resources, in their referral received December 6, 2006 USR-1590-Contreras Farms,Inc. 2 states: "A livestock confinement operation such as this proposed calf-raising operation is not considered an exempt use and therefore the use of these wells in such an operation would be a violation of the conditions of approval of these wells permits. The use of these wells to serve a livestock confinement operation would withdraw ground water hydraulically connected to an over-appropriated stream system and will cause material injury to other water rights. As such, an augmentation plan would be required to offset depletions caused by the pumping of all wells utilized in the calf raising operation. No augmentation plan has been submitted nor approved by the state for these uses. Therefore there is no evidence that adequate services (water) are currently available and reasonably obtainable. b. 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. An adequate water supply is not presently available for this use. Should this be recommended for approval by the Planning Commission, the Department of Planning Services recommends the following conditions and development standards: 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 intended lights, 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. Further, the approved Lighting Plan shall be delineated on the plat. (Department of Planning Services) B. The applicant shall complete all proposed improvements regarding access and parking improvements to the satisfaction of the Departments of Planning Services and Public Works or enter into an improvements agreement regarding collateral for improvements and post adequate collateral for all required on-site improvements. The applicant shall enter into an Improvements Agreement according to policy regarding collateral for improvements and post adequate collateral for all required materials (parking and access related improvements). The agreement and form of collateral shall be reviewed by County Staff and accepted by the Board of County Commissioners prior to recording the USR plat. (Department of Planning Services) C. A management plan for nuisance control shall be submitted and approved by the Weld County Department of Public Health & Environment. This"nuisance control plan" plan must address control measures for dust, odors, flies and pests. Evidence of such shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) D. Provide documentation, prepared by a Colorado Registered Professional Engineer, that all wastewater impoundments for the confined animal feeding operation (CAFO) meet seepage rate standards of Colorado Water Quality Control Commission Regulation 81 [81.5(2)]. Evidence of Department of Public Health approval shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) USR-1590-Contreras Farms, Inc. 3 E. 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 Colorado Water Quality Control Division required by Colorado Water Quality Control Commission Regulation Number 81 [81.5 (3)]. Evidence of such shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) F. 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)]. Evidence of such shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) G. Provide evidence that a CAFO Colorado Discharge Permit has been obtained from the Colorado Water Quality Control Division. Evidence of such shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) H. A parking and circulation plan shall be submitted to the Department of Public Works for review and approval. All parking spaces will be required to use wheel stops to delineate parking from walk or pedestrian travel areas.Written evidence of such shall be provided to the Department of Planning Services. (Department of Public Works) The applicant shall either submit to the Weld County Department of Planning Services a copy of an agreement with the properties mineral owners/operators stipulating that the oil and gas activities have adequately been incorporated into the design of the site or show evidence that an adequate attempt has been made to mitigate the concerns of the mineral owners. (Department of Planning Services) J. 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). K. This application is to address a zoning violation VI-0600100 (exceeding the number of animal units allowed in the Agricultural Zone District) and was already brought before the Board of County Commissioners on May 9, 2006. As a result an investigation fee of 50% of the application fee ($2,207.50) shall be paid to the Department of Planning Services. (Department of Planning Services) L. The applicant shall submit an approved water augmentation plan for the existing wells or evidence of another approved water source for the calving operation. (Department of Planning Services) M. The plat shall be amended to delineate the following: 1. The plat shall be prepared in accordance with Section 23-2-260 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-1590. (Department of Planning Services) USR-1590-Contreras Farms,Inc. 4 4. County Road 78 is classified as a local gravel road, which requires 60 feet of right-of-way at full build out. The applicant shall verify the existing right-of-way and the documents creating the right-of-way. All setbacks shall be measured from the edge of future right-of-way. If the right-of-way cannot be verified, it shall be dedicated. This road is maintained by Weld County. (Department of Public Works) 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. 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 parking and circulation plan. (Department of Planning Services) 7. The approved lighting plan, if applicable. (Department of Planning Services) 8. Any approved signs, as applicable. (Department of Planning Services) 9. The 200-foot setback radius'for existing oil and gas tank batteries and the 150- foot setback radius'for oil and gas wellheads located on the site shall be indicated. (Department of Planning Services) 10. Designated parking areas (with an all weather surfacing material)shall be indicated on the plat. (Department of Public Works) 11. The perimeter berm along the west, north and east property lines shall be removed. Upstream drainage from the site cannot be redirected. (Department of Public Works) 12. The type and location of all easements and rights-of-way shall be indicated on the plat. Improvements shall be located in a manner as to not encroach or limit the use of these easements or rights-of-way. (Department of Public Works) M. 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) 2. 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 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) USR-1590-Contreras Farms,Inc. 5 3. 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 mapsco.weld.co.us. (Department of Planning Services) 4. Prior to Release of Building Permits: A. 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. A Code Analysis Date sheet, provided by the Weld County Building Department shall be submitted with each building permit application. (Department of Building Inspection) B. A building permit shall be obtained prior to the construction of any structures. (Department of Building Inspection) 5. Prior to Certificate of Occupancy/finaling building permits: A. A letter of approval shall be provided from the Galeton Fire Protection District. (Department of Building Inspection/Galeton Fire Protection District) 6. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. (Department of Planning Services) USR-1590-Contreras Farms,Inc. 6 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Contreras Farms USR-1590 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 Livestock Confinement Operations (a calf raising operating for up to 5,000 head) in the A (Agricultural) Zone District. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. Historical flow patterns and run-off amounts will be maintained on site in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to run-off rate and velocity increases, diversions, concentration and/or unplanned ponding of storm run-off. (Department of Public Works) 4. There shall be no parking or staging of semi-tractor trailers or associated vehicles on County Roads. Utilize on-site parking. (Department of Public Works) 5. The applicant must take into consideration storm water capture/quality and provide accordingly for best management practices. (Department of Public Works) 6. The applicant shall utilize the proposed internal roadway system for the site. The roadway shall be a graded and paved roadway to provide an all weather surface. (Department of Public Works) 7. 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 Works) 8. The operation shall be limited to a total of twelve (12) employees (including family members) as stated in the application materials. (Department of Planning Services) 9. The proposed drainage crossing (2 — 8' x 50') culverts should be sized to accommodate the 50- year event. (Department of Public Works) 10. The off-street parking spaces including the access drive shall be surfaced with gravel or the equivalent and shall be graded to prevent drainage problems. Each parking space shall be equipped with wheel guards or curb stops where needed to prevent vehicles from extending beyond the boundaries of the spaces and from coming into contact with other vehicles, walls, fences, or plantings. (Department of Public Works) 11. Hours of operation shall be from 7 AM to 5 PM Monday-Sunday as stated in the application materials. (Department of Planning Services) 12. The facility shall operate in compliance with Colorado Water Quality Control Commission Regulation Number 81. (Department of Public Health & Environment) USR-1590-Contreras Farms,Inc. 7 13. 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) 14. 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) 15. 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) 16. 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) 17. 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 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) 18. 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) 19. 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) 20. 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 USR-1590-Contreras Farms,Inc. 8 violation of Colorado Water Quality Control Commission Regulation Number 81. (Department of Public Health & Environment) 21. 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) 22. 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) 23. 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) 24. 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) 25. 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) 26. If required, a stormwater discharge permit shall be obtained from the Colorado Water Quality Control Division for construction activities. (Department of Public Health & Environment) 28. 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) 29. 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) 30. 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) 31. A separate building permit shall be obtained prior to construction of any building. (Department of Building Inspection) 32. Prior to the release of building permit, the applicant shall submit evidence of approval from the Galeton Fire Protection District to the Weld County Building Department. (Department of Building USR-1590-Contreras Farms,Inc. 9 Inspection) 33. In the event that 5 or more acres are disturbed during the construction and development of this site, the applicant shall obtain a storm water discharge permit from the Water Quality Control Division of the Colorado Department of Public Health and Environment. (Department of Public Health and Environment) 34. 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) 35. 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) 36. The property owner acknowledges that mineral owners and lessees have real property interests 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) 37. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 38. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250,Weld County Code. 39. 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. 40. 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. 41. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. 42. 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. 43. 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. 44. 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. USR-1590-Contreras Farms, Inc. 10 DEPARTMENT OF PLANNING SERVICES NORTH OFFICE (7.it 918 10TH Street GREELEY, CO 80631631 PHONE: (970) 353-61O0, Ext. 3540 ' FAX: (970)304-6498 111k. COLORADO November 8, 2006 Contreras Farms Inc do Scott Realty 1212 8th Ave Greeley CO 80631 Subject: USR-1590- 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 a livestock confinement operation (a calf raising operation for up to t5,000 head)in the A(Agricultural)Zone District on a parcel of land described as Lot B of RE-3515; located in a portion of the W2SW4 and all of the E2SW4 and of Section 19, T7N, R63W of the 6th P.M., Weld County, Colorado. Dear Applicant: 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 January 2, 2007, at 1:30 p.m. This meeting will take place in the Hearing Room, Weld County Planning Department, 918 10`h 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, ll 'I ctek„.„ Chris Gathman Planner BOARD OF COUNTY COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS JANUARY 27, 2007. 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, CHRIS GATHMAN, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE BOARD OF COMMISSIONERS HEARING FOR USR-1590 IN THE AGRICULTURAL ZONE DISTRICT. Chris Gathman Name of Person Posting Sign - eral Signature of Person Posting Sign STATE OF COLORADO ) ss. COUNTY OF WELD ki ^ The foregoing instrument was subscribed and sworn to me this day of Y / , 2007. WITNESS my hand and official seal. sI l /(; Notary Public WEN INLOES "LOUD My Commission Expires: OLORADO PPMSO !IS NOTICE wise trril ' A PUBLIC HEARING CONCERNING - THIS PROPERTY WILL BE HELD AT: q , 9*- Sr...-r- 4 6r., .,t3. , CD. so63ywt, ...tea x:�� —� 111 ON 2007 au P3oPM. NAME \ �, s 7 � s . _ „c A astQ t 5p.;.1 t..r "ii._.i REQUEST �. .. ..`r ``_ '. Ala..k.w..') 7....�a.N.T. ,. )5f?- 1540 X .`.. = 1�lG ACRES CASE NO. . FOR MORE INFORMATION CALL *- -- `` WELD COUNTY DEPARTMENT OF - "� �• PLANNING SERVICES AT f. ( 970 )353 -6100 ext. 3540 - . ftc j tiertrz 'FOe 4 �. •v ,^.1r _ I F"`. +rte -'•t?�.,t�ti= _ � - — ,.. -- - — -. . • r - r._ - - { is a +r • — — • r.... -,_�-¢��*; —mob:. aiOa ` �'+d•.Vp Oster :o�My Y_''';'44:',"1/4•:," d. C i ,Ctr` � 4. .ypyp .! r. ms's:. • 7 ` `y n ."• �'Q!'rara - 'rr lb t/ da r P.w. 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'U, dt`at i `rM'r -ice" �1 X25/ 2007 . _ - _ ...�. _ ACP vitt • 01 /25/ 2007 Ii I - FIELD CHECK inspection dates:1/15/2007 APPLICANT: Contreras Farms CASE #: USR-1590 REQUEST: A SSDP & Special Review Permit (a calf raising operation for up to 5,000 head) in the A (Agricultural) Zone District LEGAL: Lot B of RE-3515 and E2SW4 of Section 19, T7N, R63W of the 6th P.M., Weld County, Colorado LOCATION: North of and adjacent to CR 78 and east of and adjacent to the intersection of CR 61 and CR78 PARCEL ID #: 0713 19 300019 & 0713 19 300008 ACRES: +/- 140 Acres Zonina Land Use N A N Agland E A E Agland S A S Agland W A W Agland COMMENTS: Property is rangeland. Two existing single-family residences on the property with outbuildings. A residence is located immediately adjacent to the east of the USR boundary. Single family residences also located approximately 1/8 mile to the east and south of the USR boundary. eta cgives..... Chris Gathman - Planner II Hello