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Home My WebLink About20040239.tiff CDPHE-WQCD Fax:3037820390 Dec 29 2003 11 :34 P. 02 STATE OF COLORADO Bill Owens,Governor Douglas H.Benevento, Executive Director *)-(Dc•coop Dedicated to protecting and improving the health and environment of the people of Colorado Ne -- 6 TAW I 4300 Cherry Creek Or,S. Laboratory Services Division * .. : Denver,Colorado 80246-1530 8100 Lowry Blvd. Phone(303)692.2000 Denver,Colorado 80230-6928 '_r/ay6 t' TOD Line(303)691.7700 (303)692-3090 - Located in Glendale,Colorado Colorado s Heal eot httpJ/www.cdphe.state.co.us of Public Health and Environment December 29, 2003 Mr. Fred L. Otis • Otis, Coan& Stewart, LLC • 1812 56th Avenue Greeley, CO 80634 Re: Weld County Referral; Case No. USR-1431 PWSID# CO-0162360; Weld County • Dear Mr. Otis: The Water Quality Control Division(Division) has received and reviewed your correspondence, dated November 21, 2003, in relation to the above referenced subject and your proposed amendment to the Weld County Planning Commission's recommendation for approval. Your November 21, 2003 correspondence to the Division requests acknowledgement that (a) your proposed amendment satisfies the conditions of approval summarized below, that (b) Moises Rodriguez has taken steps to address the Colorado Primary Drinking Water regulations and that (c) the issues identified in the Division's August 8, 2003 letter are satisfied. On October 21, 2003, the Weld County Planning Commission, via resolution, recommended approval of Moises Rodriguez's application for a Site Specific Development Plan and Special Review Permit for the Hudson Labor Camp. The application is for housing for 60 migrant farm laborers between May 1 and September 30 of each calendar year and 20 migrant farm laborers between October 1 and April 30 of each calendar year. The Weld County Planning Commission's recommendation for approval is conditioned upon several items, including: • Prior to scheduling a Board of County Commissioners hearing: o The applicant shall provide written evidence of steps being taken to address the Colorado Primary Drinking Water Regulations, including the establishment of an approved Public Water System recognized and conditionally approved by the Colorado Department of Public Health and Environment. EXHlSIT 2004-0239 CDPHE-WQCD Fax:3037820390 Dec 29 2003 1134 P.03 Mr. Fred L. Otis December 29,2003 Page Two o The applicant shall provide written evidence of steps being taken to address the Colorado Primary Drinking Water violations as addressed in Division correspondence, dated August 8, 2003. • Prior to recording the plat for the application: o Submit evidence that the Site Application process has been initiated with the Colorado Department of Public Health and Environment. o The facility shall comply with the Colorado Primary Drinking Water Regulations. o The applicant shall provide written evidence that all violations, including the testing and monitoring of the public water system have been resolved to the satisfaction of the Colorado Department of Public Health and Environment. The Development Standards accompanying the Resolution of Recommendation to the Board of County Commissioners include the following requirements: • Prior to occupancy of the migrant housing facility in May 2004 (or any year) the applicant must show evidence of Site Application approval, and construction of the approved domestic wastewater treatment works must be completed. Included with this approval is evidence that a Wastewater Discharge Permit has been obtained. • The applicant shall comply with the requirements of the Site Application approval permit at all times. • Once the facility infrastructure is in place, the water system shall comply with the Public Water System as defined in the Primary Drinking Water Regulations. Your November 21, 2003 correspondence to the Division suggests the following amendment to Development Standards: • "The site is approved for 60 migrant farm laborers between May 1 and September 30 of each calendar year, and 24 migrant farm laborers between October 1 and April 30 of each calendar year, but in no event shall more than 24 persons occupy the site prior to the time the water system on the site meets all requirements of a public water system as defined in the Colorado Primary Drinking Water regulations." The Division is not able to comply with your requests for the following reasons: • The proposed amendment does not satisfy the conditions of approval summarized above. The Division considers the conditions of approval as presented to be appropriate. • Mr. Rodriguez has not taken adequate steps to address the Colorado Primary Drinking Water Regulations. • The issues identified in the Division's August 8, 2003 letter have not been satisfied. CDPHE-WQCD Fax:3037820390 Dec 29 2003 1135 P. 04 Mr. Fred L. Otis December 29, 2003 Page Three Furthermore, the applicant has not responded to the Division's August 4, 2003 correspondence (Certified Mail: 7002 2410 0001 0123 4209) reporting the results of the compliance inspection of the community water system conducted by the Division on July 29,2003. The August 4, 2003 correspondence identified two significant deficiencies and four violations of the Colorado Primary Drinking Water Regulations that required written responses by September 5, 2003. Finally, the applicant has not responded to the Division's August 8, 2003 correspondence (Certified Mail: 7002 2410 0001 0123 4216) associated with wastewater treatment and disposal at the Hudson Labor Camp. The August 8, 2003 correspondence highlights the Hudson Labor Camp's violation of the Water Quality Control Act and details actions required to bring the facility into compliance with the regulations. A written response, required by September 8, 2003, has not been provided as requested. Should you have any comments or questions, please contact me at 303-692-3507. Sincerely, • COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT Bradley A. Simons, P.E. District Engineer Technical Services Unit Water Quality Control Division BAS/RJF/GAB/bas cc: Glenn Bodnar, WQCD-TSU Scott Klarich, WQCD-CADM Pam Smith, Weld County Department of Public Health and Environment Kim Ogle, Weld County Planning Department Luisa Chavez, Hudson Labor Camp, 316 N. 13th Ave.,Brighton, CO 80601 Moises Rodriguez, Hudson Labor Camp, P.O. Box 663, Hudson, CO 80642 r-� Weld County Planning Department GREELEY OFFICE JAN 10 2004 OCS T tycED OTIS, COAN & S , LC Attorneys And Counselors At Law Fred L. Otis flotis@ocslaw.com January 8, 2004 Mr. Kim Ogle Planner Weld County Planning Department 1555 North 17th Avenue Greeley, CO 80631 RE: 22185 SH 52 Hudson, Colorado 80642 Moises Rodriguez Application for Use by Special Review No. 1437 Dear Mr. Ogle: I have confirmed with my client, Moises Rodriguez, through Javier Rodriguez, that he is willing to amend the referenced application and limit the number of persons on site to no more than 24. Please provide with scheduling the County Commissioner hearing, and note I will be out of the state between January 31 and February 7, 2004. Sincer y, Fred L. Otis FLO:mas xc: Mr. Javier Rodriguez Mr. Moises Rodriguez The Doyle Building, 1812 56'h Avenue, Greeley, Colorado 80634 Telephone: 970-330-6700 Fax: 970-330-2969 Metro: 303-659-7576 E-Mail: OCSLaw@ocslaw.com HAYES, PHILLIPS, HOFFMANN & CARBERRY, P.C. Attorneys at Law r.r Suite 450,The Market Center H . ® 1350 Seventeenth Street Denver, Colorado 80202-1576 - Telephone: (303) 825-6444 Facsimile: (303) 825-1269 E-mail: cyhoffmann@hphclaw.com John E. Hayes Herbert C. Phillips Hilary Mogue Graham Corey Y. Hoffmann John Blakely Wilson Kendra L. Carberry Jefferson H.Parker February 24, 2004 Weld County Commissioners 915 10th St. Greeley, CO 80632 Via e-mail and hand-delivery Re: Board of County Commissioners of Weld County Docket # 2004-14 Dear Commissioners: This firm represents the Town of Hudson. Please let this letter serve as a statement of opposition on behalf of the Town of Hudson to the land use application filed by Moises Rodriguez seeking a Site Specific Development Plan and a Special Review Permit. First, your file should include a letter dated July 23, 2003, from Town Administrator Jim Landeck to Kim Ogle stating the Town of Hudson's objections regarding this land use application when it was considered by the Weld County Planning Commission. Please consider once again the objections raised in the July 23, 2003, correspondence for purposes of the hearing now scheduled for February 25, 2004. From the Town's perspective, absolutely nothing has changed from the time the Town first specified its opposition to this land use application to the present date. Moreover, as you are listening to and considering the evidence at the public hearing, the Town would ask you to consider how the County intends to monitor compliance with the Special Review Permit in the event it is granted. How do you determine the number of persons truly living at the site? How do you determine if this is truly migrant farmworker housing as defined in the Weld County Code? How can Weld County guarantee the health, safety and welfare of its EXHIBIT 2/24/04 GIW/NN717EMPIW£LD COUNTY LAND USE APPL-L02.DOC T:1-47-521 3'7 Weld County Commissioners February 24, 2004 Page 2 constituents adjacent to this site? The Town of Hudson does not have jurisdiction over this enclave, either from a land use perspective or a code enforcement perspective. Yet all of the negative impacts created by this existing land use which is now in front of the Board for approval are borne by the Town of Hudson. Thus, the Town would respectfully request that you give due consideration to the Town's objections, especially in light of the fact it is the Town of Hudson that is adversely impacted by this land use. In addition to what is stated in Mr. Landeck's correspondence, the Town would respectfully request that you carefully consider your own criteria in determining whether to approve this application. A careful application of the criteria in the Weld County Code to this application dictates that the application be denied for the following reasons. The Weld County Code establishes a process for approval of Special Review Permit applications. See Weld County Code ("WCC"), Ch. 23, Article II, Division 4. The Board of County Commissioners is required to find that this application has met the seven standards or conditions contained in WCC § 23-2-230(B)(1)-(7), including the three conditions quoted below that the Town will focus on. See WCC § 23-2-230(B)(1)-(7) ("In making a decision on the proposed Use by Special Review, the Board of County Commissioners shall...approve the request...only if it finds that the applicant has met the standards and conditions of this Subsection B...."). However, please note the Town is certainly concerned with the remaining criteria, including the water and sewer impacts, but the Town will focus its argument on the three criteria which the applicant simply cannot satisfy. Therefore, the Town would ask the Board of County Commissioners to focus on the following three criteria from WCC § 23-2-230(B)(1)-(7): 3. That the USES which would be permitted will be compatible with the existing surrounding land USES. 4. That the USES which would be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by Chapter 22 of this Code or MASTER PLANS of affected municipalities. 7. That there is adequate provision for the protection of health, safety and welfare of the inhabitants of the NEIGHBORHOOD and COUNTY. WCC § 23-2-220(A)(3),(4),(7). From the Town's perspective, it is problematic to say the least that the Planning Commission, in its "Resolution of Recommendation to the Board of County Commissioners," 2/24/04 C:IWLNNfTEMPIWELD COUNTY LAND USE APPL-L02.DOC Weld County Commissioners February 24, 2004 Page 3 found that the conditions 3, 4, and 7 (WCC § 23-2-220(A)(3),(4),(7)) were met despite direct evidence presented by the Town to the contrary. For purposes of clarity, the Town will address each of the three conditions separately below. A. WCC§23-2-220(A)(3) Regarding WCC § 23-2-220(A)(3), the Commission's Resolution states: "The uses which will be permitted will be compatible with the existing surrounding land uses." Yet, Jim Landeck provided essentially uncontroverted information that does not support this conclusion. As part of the application process, referrals and "Notice of Inquiry" went out to various agencies and bodies, including the Town of Hudson. In response to the inquiry, Jim documented how the current and proposed use of the site is particularly ill suited to be located so close to Memorial Park. Mr. Landeck provided testimony and previous correspondence regarding the extended use of portable restroom facilities in the Town Park directly south of the site by the tenants of the Rodriguez property, as well as the considerable vandalism in the park, at the senior housing property and numerous complaints regarding intimidation, and use of alcohol by groups in the park. These groups were then witnessed returning to the Rodriguez facility." He also recounted incidents when gunfire was reportedly heard coming from the site. These incidents certainly demonstrate that the property is located too close to the Town's park for the two uses to safely coexist, making the uses incompatible. Further, given the established record of behavioral problems with tenants at the site, it seems safe to presume that more, not fewer, such problems would arise if the facility is allowed to expand to year-round use as outlined in the application. Considering the above, it is unclear how the Commission could have concluded that the proposed use "will be compatible with the existing surrounding land uses." The Town respectfully requests that the Board of County Commissioners not make the same mistake. It also appears from the record of the Planning Commission hearing that the basis for the finding of compatibility was that the site has previously been used for migrant housing for 26 years. The Town would respectfully request the historic use of the site has nothing to do with its current compatibility, and in fact, the use is now fundamentally incompatible with the surrounding land uses on all sides. With the closure of the Dean Pickle property, this migrant housing development is now incompatible with the surrounding land uses. B. WCC§23-2-220(A)(4) Concerning WCC § 23-2-220(A)(4), the Commission found that "[t]he uses which will be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by...the Master Plans of 2/24/04 C:IWINN71TEMPI WELD COUNTY LAND USE APPL-L02.DOC Weld County Commissioners February 24, 2004 Page 4 affected municipalities." There is no question that the property is within the Town's Urban Growth Boundary or that the Town is an"affected municipality" as that term is used in the Code. The County acknowledged as much by seeking the Town's input in approval process. Moreover, the Town and the County have been diligently attempting to finalize the Intergovernmental Agreement regarding urban growth boundaries, and the Town is now waiting for the County's approval. Even absent final approval, it is undeniable that this property is essentially a Weld County enclave within the Town. Approving an incompatible use such as this one is directly contrary to the letter of the now pending IGA, and is certainly contrary to the spirit of cooperation on land use matters that the Town and the County have been pursuing. At the Planning Commission hearing, after seeking the Town's input, the Planning Commission seemed to ignore it, and instead concluded that the uses would be compatible with future development of"affected municipalities"despite Town Administrator Jim Landeck stating clearly and repeatedly that the property is not compatible with the Town's current Comprehensive Plan for the area. Please note that for purposes of this hearing, the property will ultimately be a commercial/industrial area adjacent to the railroad. Such a use is obviously not consistent with year-round migrant farm worker housing. C. WCC§23-2-220(A)(7) Finally, regarding WCC § 23-2-220(A)(7), the Planning Commission found that the application contained "adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County." However, as mentioned above, the Commission heard evidence, presented by the Town, of inappropriate, unsafe activities occurring at the site and spilling over into the Town's park, and the Commission did not recommend requiring the applicant to take any steps to remedy the problems. In coming to its conclusion, the Commission seemed to ignore the documented instances of vandalism, disorder, and weapons use and the threat to the health, safety, and welfare that those activities pose to the inhabitants of the Town of Hudson. If nothing else, the land owner should have some burden of showing that the property has been cleaned up, that it is being used for migrant housing as opposed to permanent rental units, and that the land owner has taken the necessary steps to insure the adequate protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County. Many of the citizens in the Town of Hudson are literally fearful going near this property because of the frequent disturbances emanating from the property. In short, in finding that the Rodriguez applications meets the conditions set out in WCC § 23-2-220(A)(3),(4),(7), the Planning Commission overlooked substantial, competent evidence presented by the Town showing how the proposed use is incompatible with current uses, 2/24/04 CAWLNNnTEMPIWELD COUNTY LAND USE APPL-L02.DOC Weld County Commissioners February 24, 2004 Page 5 inconsistent with planned future development, and unsafe. By recommending approval despite the evidence presented by the Town, the Commission did not conscientiously apply its own review standards or faithfully uphold the Weld County Code. The Town would respectfully request the Board of County Commissioner apply the Code's criteria, and DENY the application. Very truly yours, ? Corey Y. Hoffmann CYH/kla Encl. 2/24/04 C:IW1NN71TEMPIWELD COUNTY LAND USE APPL-L02.DOC BOARD OF COUNTY COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS FEBRUARY 13, 2003 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, PEGGY GREGORY, 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 A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR MULTI-FAMILY DWELLINGS FOR PERSONS PRINCIPALLY EMPLOYED AT OR ENGAGED IN FARMING, RANCHING OR GARDENING IN THE AGRICULTURAL ZONE DISTRICT. PEGGY GREGORY Name of Person Posting Sign D A Sig e of Per n P sting Sign STATE OF COLORADO ) ss. COUNTY OF WELD iI The foregoing instrument was subscribed and sworn to me this ; / day of IX- DiL (( I( , 2004. WITNESS my hand and official seal. Notary Public My Commission Expires. if 12(ThiC EXHIBIT I /4 #y5, ",` : r f# . 4? PVL1SNOTICE1 , . . ' • w A PUtUC NEA101C CONCERNING i4 itrn4 " ` ,, x r, y TB P[OPE[TT lilli [[ [[ED Ai: a .GY to �? a ilif ` p'•.� � 1'� ;` •48. . . � `se _ 7+O. ti it. d�` ,t$Xt�--' -a„ e' ...-.- .LIM irm'� «titan Fflislir"Miii;:arit 4 7 `. till t!. .. i tanC i -' a .3 A in War IN►IIMAn[[ CALL -- ' it 411 } � it�',,y,..11,,,,„..''se . ., „( d., WELD COUNTY OEPA[TMEIfiti" OF ' .! _ _ t.. t`` r-",'_ .j 'ft.., ^' (1T1►353-1101 rtt. 3540 { ',.' ''• r, ,,, ,,, , , ,.,t —.. I.q i vd / 4� a }k t; r� hryM.. -,}lj' ., , 11' h .+ S 1 ne t , e a __ _ _ _ , �, . a•3 , t "t t i•-t-••••,7,4.„5„,t \,.•11::,----,4 m :+i' {.,,4",---z �'3�'td . yJ e °' a , ' r .� ` �� J� - ��C!...�+� a s'f-'�7".E1i. w'�... <INi irv.�.i �'a' a F.r ,-�Jl�..�� BOARD OF COUNTY COMMISSIONERS' SIGN POSTING CERTIFICATE THE SIGN WAS POSTED ON FEBRUARY 26, 2004 NOTIFYING THE PUBLIC OF THE NEW HEARING DATE, AS THIS CASE, USR-1437 WAS CONTINUED UNTIL MARCH 3, 2004. THE SIGN WAS POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, STATE HIGHWAY 52. GIVEN THAT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES POSTED ONE 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 FEBRUARY 26, 2004 ON THE EASEMENT INTO THE PROPERTY PRIOR TO THE BOARD OF COMMISSIONERS HEARING FOR A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR MULTI-FAMILY DWELLINGS FOR PERSONS PRINCIPALLY EMPLOYED AT OR ENGAGED IN FARMING, RANCHING OR GARDENING IN THE A (AGRICULTURAL) ZONE DISTRICT. KIM OGLE ..— Name of Person Posting Sign Signature of Person Posting Sign STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was subscribed and sworn to me this day of .wklith , 2004. WITNESS my hand and official seal. Notar i y Public : ' e -7:1—:" My Commission Expires. d— NOTICE ' cowuno cutouw A PUBLIC HEARING CONCERNING THIS PROPERTY WILL BE HELD AT: NT NNIAk bIAWt14& ON MARGI-1 3 , 2IQ4 AT NIKE M0I`, S ROORIa$31, NEVNESr *n.Y oteliae,Au�SIWSS CASE NN.# C� ` w FOR MORE INFORMATION CALL WELD COUNTY DEPARTMENT OF OFFICE OF BOARD OF COMMISSIONERS PHONE: 970-352-0242 FAX: 970-352-0242 I 915 10TH STREET P.O. BOX 758 C. GREELEY, COLORADO 80632 COLORADO March 26, 2004 Board of Commissioners Weld County P. O. Box 758 Greeley CO 80632 Re: Mar 31 - Docket#2004-14, PL1694 - A Site Specific Development Plan and Use by Special Review Permit #1437 for Multi-Family Dwellings for Persons Principally Employed at or engaged in Farming, Ranching or Gardening in the A (Agricultural) Zone District, Moises Rodriguez, c/o Otis, Coan and Stewart, LLC [located north of and adjacent to State Highway 52, and 1/4 mile east of Beech Street (Weld County Road 45)] (Planner- Ogle) Dear Board of Commissioners: This letter is to provide an indication for the record of my reasons for recusing myself from considering the above cited case. At a minimum, I believe that there would be an appearance that I have prejudged the merits of this case because of public statements I made regarding the facility prior to assuming office as a commissioner. These statements include some I made as the Mayor of Hudson, an adjacent municipality. Sincerely, rr Robert D. Masden, District 3 County Commissioner cc: Lee Morrison EXHIBIT I jr ask 4O,13'7 Mar •30 . 2004 4: 30PM West Greeley Law Center No•7416 P . 1/2 QCSOTLs, COAty& STEWART, ■ Attorneys And Counselors At Law • • FACSIMILE TRANSMITTAL SHEET The information contained in this facsimile message is 'privileged and confidential Information Intended only for the use of the individual and/or entity named below If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the Intended recipient, you are hereby notified that any distribution or copying of this communication Is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone and return the original message to us at • pthe above address. Thank you. IF YOU HAVE ANY PROBLEMS RECEIVING THIS FACSIMILE TRANSMISSION, PLEASE CALL 970-330-6700. TO: Weld County Commissioners C/O Esther Usick, FAX No. 352-0242 tJ CC: Km Ogle, Weld County Planning Department 304-6498 -A7 FROM: Fred L. Otis DATE: March 30, 2004 NO. OF PAGES: (Including this cover shoat): COMMENTS: USR 1437 Rodriguez/Hudson Be advised that the Applicant, Moises Rodriguez will request a continuance at tomorrow's hearing based on the fact that issues with the Water Quality Control Division are unresolved. A scheduled meeting with a representative of Water Quality Control Division was cancelled due to a death in his family and the Applicant, Weld County Planning Representatives and Water Quality Control Division were unable to meet. Kim Ogle requested that I write you this The Doyle Building, 1812 36"Avenue,Greeley,Colorado 80634 T�I...l,.w.• p'!n fl&flM II...-d/n_11n_ 0.c0 Maw",1M1.Ge_ c'7.c II_TRnil Alvin/P.wlm.r rn,n EXHIBIT k ,ec�;tl-Q2 3`j lad e.4/5/ Mar . 30. 2004 4:31PM West Greeley Law Center No .7416 P . 2/2 letter indicating the Applicant's intentions regarding the continuance request. BOARD OF COUNTY COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS MARCH 19, 2004 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 BOARD OF COMMISSIONERS HEARING FOR SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR MULTI-FAMILY DWELLINGS FOR PERSONS PRINCIPALLY EMPLOYED AT OR ENGAGED IN FARMING, RANCHING OR GARDENING IN THE A (AGRICULTURAL) ZONE DISTRICT. KIM OGLE Name of Person Posting Sign isir .- Signa urt Person Posting Sign STATE OF COLORADO )ss. COUNTY OF WELD ) ll rx� I/ I/ The foregoing instrument was subscribed and sworn to me this day day of ;A �(C�I(.-1 , 2004. WITNESS my hand and official seal. 79,7 Notary Public My Commission Expires: EXHIBIT I L USA #I431 t ., ' ,i4114.,... , •. f { S .tea S 4,4 , COLORADO SNOTICE ,4.. A . � AA PUBLIC NEARING CONCERNING .¢` It A =- THIS PROPERTY WILL BE HELD AT: = COMN1Meitoh. %.CAfl %N RM --b On nel.rU . Au%t0t % (0TH Slitearcetr y ON taibaciat 31 , 2.CARTYLSIMA, ` >MOMSf JR #OW A NAME 1).‘ " ', '" tat fe$Mtx %CS* pea , . y, REOOEST __._��f_MrXammea,.____"net°yr it ., t ia#Cl1+WA.IN=eat '. . i ' CASE NO. 41581451 9,N. ACRES -,- _i — FOR MORE INFO I . $ �y '' ; ; WELD COUNTY D PARTM NT OF "' -4 t PLANNING SERVICES AT (970)353-6100 ext. 3540 i y mot .2 . • kEtairki Sign Posted March 19, 2004 by Staff (it a_ _ DEPARTMENT OF PUBLIC HEALTH & ENVIRONMENT 1555 N. 17th Avenue Greeley, CO 80631 WEBSITE: www.co.weld.co.us ' ADMINISTRATION: (970) 304-6410 FAX: (970) 304-6412 111 g O PUBLIC HEALTH EDUCATION & NURSING: (970) 304-6420 FAX: (970) 304-6416 • ENVIRONMENTAL HEALTH SERVICES: (970) 304-6415 COLORADO FAX: (970) 304-6411 April 5, 2004 at3 Moises Rodriguez HAND DELIVERED 1Tl °� _ Javier Rodriguez j PO Box 663 ° C"' Hudson, Colorado 80642 0 kji� j N RE: Graywater discharge into adjacent wetlands — Dear Moises and Javier: As you are aware, on August 8, 2003 I observed what appeared to be water from washing machines discharging into the nearby wetland area in the railroad right of way. This is a violation of Weld County Code, Chapter 30 with regard to individual sewage disposal systems. Specifically, Section 30-2-10 states: A. The owner of any structure where people live, work or congregate shall insure that the structure contains an adequate, convenient, sanitary toilet and sewage disposal system in good working order. Under no condition shall sewage or effluent be permitted to be discharged upon the surface of the ground, or into waters of the State, unless the sewage or effluent meets the minimum requirements of this Chapter or the water quality standards of the Colorado Water Quality Control Commission, whichever are applicable. The Department is aware that, based on the size of the occupancy permitted through your pending USR (LISR-1437)application, the septic system must be approved through the Site Approval process with the Colorado Department of Public Health and Environment,Water Quality Control Division and a new system installed. However, because of the continued delays with your USR application and the potential health concerns from this graywater, the Department is requiring you to immediately find and connect the graywater discharge into the existing septic system. After this repair has been made, and before covering the pipe, you must call this office for an inspection. Please call this office to schedule an inspection. If you have any questions, please feel free to call me at (970)304-6415, extension 2211. Sincerely, Pam Smith ISDS Program Coordinator o:\PAM\Pianning USR\USR-1437 graywater.m EXHIBIT Cc: Fred Otis, email Jim Landeck, Town of Hudson Lee Morrison, Assistant County Attorney C Ll.-S3-7 d. .SE. DEPARTMENT OF PUBLIC HEALTH & ENVIRONMENT 14 D1555 N. 17th Avenue Greeley, CO 80631 (fliTf \ ,; WEBSITE: www,co.weld.co.us liD ADMINISTRATION: (970)304-6410 C FAX: (970)304-6412 PUBLIC HEALTH EDUCATION & NURSING: (970)304-6420 Q FAX: (970)304-6416 a ENVIRONMENTAL HEALTH SERVICES: (970)304-6415 COLORADO FAX: (970) 304-6411 Abril 5,2004 ETREGADA EN MANO Moises Rodriguez Javier Rodriguez PO Box 663 Hudson,Colorado 80642 Desecho de Aguas Negras en terreno humedo Estimados Moises y Javier: Como ustedes ya saben, el dfa 8 de Agosto,2003 yo observe lo que aparentaba ser agua de maquinas lavadoras desechada en terrenos hemedos en el area de derecho de paso del ferrocarril. Esto es una violation al codigo del Condado Weld,capitulo 30 con referencia a sistemas individuales de desecho de aguas sucias. Especificamente, Seccion 30-2-10 que indica: El duefio de cualquier estructura donde vive,trabaja,o se congrega gente debe asegurar que la estructura tenga sanitario adecuado y conveniente y sistema de desecho de drenaje en buen funcionamiento. Bajo ninguna condition es permitido que aguas sucias o de alcantarillado scan desechadas en la tierra,o en agua del estado, a menos que el drenaje o alcantarillado cumple con los requisitos minimos de este Capitulo o las reglas de la calidad del agua de la Comisibn de Control y Calidad de Agua del estado de Colorado,o cualquiera que sea aplicable. El Departamento reconoce que basado en el tamaflo de ocupantes permitido por medio de su aplicacion de(USR-1437)que esta pendiente,El sistema septico debe ser aprobado por medio del Proceso del Sitio con el Departamento de Salud y Ambiente Publico del Estado de Colorado, la Division de Control y Calidad de Agua y el nuevo sistema instalado. Sin embargo,por los retrasos continuos con su aplicacion de USR y la preocupacion por el potencial a problemas de salad con eats agua sucia, el Departamento le esta requiriendo a usted que encuentre y conecte el desecho de agua sucia al sistema septico existente inmediatamente. Moises Rodriguez 04/05/2004 Page 2 Despues que esta reparation ha sido fmalizada,y antes que la lines sea cubierta,usted necesita llamar a esta oficina part pedir que se hags una inspection. Favor de llamar a la oficina pare apartar una fecha pars la inspection. Si tiene alguna pregunta,por favor no vacile en llamarme al(970)304-6415,extension 2211. Sinceramente, Pam Smith ISDS Program Coordinator OA PAM graywata.rtf CC: Fred Otis,email Jim Landeck,Town of Hudson Lee Morrison,Assistant County Attorney MEMORANDUM . TO: Board of County Commissioners COLORADO DATE: May 19, 2004 FROM: Kim Ogle, Planning Manager SUBJECT: USR-1437, Multi-Family Dwellings for persons principally employed at or engaged in Farming, Ranching or Gardening in the A (Agricultural) Zone District. Moises Rodriguez, Applicant Amendment to Condition of Approval Consider request to amend Condition of Approval 2.A, Prior to recording the plat, new item 2.A.10 to state: The existing double wide trailer (PRS-043023) resided in by Javier Rodriguez, the applicant's son, to be included in the Use by Special Review boundary. f 4 (1H MEMORANDUM WI !D ea.,�. TO: Board of County Commissioners COLORADO DATE: May 19, 2004 FROM: Kim Ogle, Planning Manager SUBJECT: USR-1437, Multi-Family Dwellings for persons principally employed at or engaged in Farming, Ranching or Gardening in the A (Agricultural) Zone District. Moises Rodriguez, Applicant Amendment to Condition of Approval Consider request to amend Condition of Approval 2.A, Prior to recording the plat, new item 2.A.10 to state: The existing double wide trailer (PRS-043023) resided in by Javier Rodriguez, the applicant's son, to be included in the Use by Special Review boundary. ft/� MEMORANDUM �. TO: Board of County Commissioners COLORADO DATE May 19, 2004 FROM: Kim Ogle, Planning Manager SUBJECT: USR-1437, Multi-Family Dwellings for persons principally employed at or engaged in Farming, Ranching or Gardening in the A (Agricultural) Zone District. Moises Rodriguez, Applicant Amendment to Conditions of Approval Consider request to remove Condition of Approval number 2.D, Prior to Recording the Plat. "The applicant shall provide evidence of compliance with Section 22-2-60.J (A.Goal 10.) that states "Promote a quality environment which is free of unsightly materials, including but not limited to, derelict vehicles, refuse and litter"; further, the applicant shall show compliance with Section 22-2-60.J.1 (A.Policy 10.1) that states "Property owners should demonstrate responsibility of ownership by minimizing safety and health hazards resulting from, but not limited to, derelict structures, derelict vehicles and noncommercial junkyards"; and finally, Section 22-2-60.J.2 (A.Policy 10.2) that states "Develop programs for cleanup of derelict property, junk and weeds. (Weld County Code Ordinance 2002-6)" Visual inspection of the property determined that there are numerous vehicles, including buses, and accident remnant vehicles parked around the property. Cursory inspection identified several without current tags and in some instances plates. All vehicles shall have current plates and tags, and be in operating order. If not in compliance with the Weld County Code, these vehicles shall be removed from the property." Condition has been met. The applicant has removed the numerous vehicles, including buses, and accident remnant vehicles parked around the property, including the large debris pile composed of tree clippings and all items associated with the definition of a Non-Commercial Junkyard as defined by the Weld County Code. Please refer to the attached photographs as evidence of existing on-site condition. Photographs were taken May 13, 2004. • MEMORANDUM willC TO: Board of County Commissioners COLORADO DATE: May 19, 2004 FROM: Kim Ogle, Planning Manager SUBJECT: USR-1437, Multi-Family Dwellings for persons principally employed at or engaged in Farming, Ranching or Gardening in the A (Agricultural) Zone District. Moises Rodriguez, Applicant Amendment to Conditions of Approval Consider request to remove Condition of Approval number 2.E, Prior to Recording the Plat. "The applicant shall remove from the property all mobile homes, fifth wheels and other living accommodations that are not permitted under the Weld County Code. Further, the applicant shall schedule a field inspection with the Department of Planning Services upon completion of this activity." Condition has been met. The applicant has removed the fifth wheel trailer(s) and other living accommodations not permitted. The applicant has submitted a Zoning Permit for a mobile home application for the double wide trailer resided in by Javier Rodriguez, the applicant's son. MEMORANDUM wilge TO: Board of County Commissioners COLORADO DATE: May 19, 2004 FROM: Kim Ogle, Planning Manager SUBJECT: USR-1437, Multi-Family Dwellings for persons principally employed at or engaged in Farming, Ranching or Gardening in the A (Agricultural) Zone District. Moises Rodriguez, Applicant Amendment to Conditions of Approval Consider request to remove Condition of Approval number 2.G, Prior to Recording the Plat. "Environmental Health Services and the Department of Planning Services conducted a site visit on July 31, 2003. Staff observed a marshy area near the west property line and fence. The marshy area is located in close proximity to the septic system leach field as indicated by the applicant on the Statement of Existing for a septic system. Upon examination of this area, a non-sewage odor was detected as well as what appeared to be soap suds. Environmental Health Services has concerns that the "marshy water" may be caused by either the failing septic leach field or from grey water from the laundry facility. Environmental Health Services and the Department of Planning Services conducted an additional site visit on August 8, 2003. The purpose of the site visit was to evaluate the source of water that has allowed a stand of cattails to grow in the railroad easement. At the time of inspection several washing machines were operating in the laundry building, and although there was no obvious area where wash water was leaving the absorption field (no wet ground, etc), or where it was entering the wetlands area (some absorption field sized rock, but no pipe), it appeared that a portion of the water in the wetlands was coming from the laundry facilityas evidenced by slightly soapy water. No sewage odor was detected at the time of inspection. A further observation around the property found that the Hudson City Park lies north of Highway 52 and that between the park and the Rodriguez property is a small ditch that directs runoff into the railroad easement. An old discharge pond lies in the southwest corner of the Rodriguez property left over from the Dean Pickle food processor. This pond is lined (the liner is visible), fenced and holding some water from recent storm events. My understanding is that the processing plant was on the west side of the railroad tracks and brine water was pumped under the railroad tracks to the pond. At the time of inspection, no discharge pipe could be located that appeared to contribute to the source of any wetlands water (a capped, above-ground discharge pipe was found between the pond and wetlands). Mr. Javier Rodriguez stated that after a recent storm, a nearby property owner told him that water was overflowing from the east wetlands area to the west side of the railroad tracks through a pipe. The septic system for the migrant housing facility has failed in the past (Summer 2002) and enforcement action was initiated at that time. The system has been preliminarily evaluated for adequacy by a registered professional engineer and determined that the system is undersized for the facility. Because of the size of the facility and number of people inhabiting it, any repairs/modifications/enhancements must be conducted through the Colorado Department of Public Health and Environment, Water Quality Control Division (WQCD), Site Application regulations. Brad Simons, WQCD, gave a preliminary assessment of the septic system in his August 8, 2003 comments and came to the same conclusion." It is imperative that the following information be submitted in a timely manner. 1. Submit evidence that the Site Application process has been initiated with the Colorado Department of Public Health and Environment, Water Quality Control Division. (Department of Public Health and Environment) Condition Met. The facility obtains water from an existing well permit. The permit provides for an annual appropriation not to exceed 1.17 acre/feet. The applicant has installed totalizing meters on the well discharge pipes. The Health Department has determined that there is adequate water for twenty-four (24) persons or less. 2. The applicant shall submit evidence to the Department of Planning Services, from the Colorado Division of Water Resources, demonstrating that the well is appropriately permitted for the multi-family use. (Domestic Well Permit Number 21904-F and Public Water System No. 162360) (Department of Public Health and Environment) Condition Met. The facility obtains water from an existing well permit (Domestic Well Permit Number 21904). r Based on the State Division of Water Quality codes and ordinances, the facility is required to accommodate twenty-four (24) persons or less to not be considered a public water supply. The applicant has stated there are presently eighteen (18) persons residing at the facility. Further, it is determined there is adequate water for personal hygiene, drinking and cooking. 3. The facility shall comply with the Colorado Primary Drinking Water Regulations (5 CCR 1003-1). Evidence shall be provided to the Weld County Department of Public Health and Environment that the system complies with the Regulations. (Department of Public Health and Environment). Condition Met. The facility is required to accommodate twenty-four (24) persons or less to not be considered a public water supply. The applicant has stated there are presently eighteen (18) persons residing at the facility and that the facility will remain under the twenty-four (24) persons or less threshold. it 4it ° MEMORANDUM TO: Board of County Commissioners COLORADO' DATE: May 19, 2004 FROM: Kim Ogle, Planning Manager SUBJECT: USR-1437, Multi-Family Dwellings for persons principally employed at or engaged in Farming, Ranching or Gardening in the A (Agricultural) Zone District. Moises Rodriguez, Applicant Amendment to Conditions of Approval Consider request to remove Condition of Approval number 2.H, Prior to Recording the Plat. "The applicant shall provide written evidence that all violations, including the testing and monitoring of the public water system have been resolved to the satisfaction of the Technical Services Unit of the Water Quality Control Division of the Colorado Department of Public Health and Environment." (Colorado Department of Public Health and Environment) Condition Met. The facility obtains water from an existing well permit (Domestic Well Permit Number 21904). Based on the State Division of Water Quality codes and ordinances, the facility is required to accommodate twenty-four (24) persons or less to not be considered a public water supply. The applicant has stated there are presently eighteen (18) persons residing at the facility. Further, it is determined there is adequate water for personal hygiene, drinking and cooking. Further, the initial application for the facility identified a number of persons on site as greater than twenty-four (24) thus falling under the classification and requirements for a Public Water Supply as established by the Water Quality Control Division of the Colorado Department of Public Health and Environment. Scott Kiarich of this agency will follow-up on this old violation as warranted. AIR \ MEMORANDUM Tc. DATE: May 19, 2004 O Board of County Commissioners COLORADO FROM: Kim Ogle, Planning Manager SUBJECT: USR-1437, Multi-Family Dwellings for persons principally employed at or engaged in Farming, Ranching or Gardening in the A (Agricultural) Zone District. Moises Rodriguez, Applicant Amendment to Development Standards Consider request to remove Development Standard number 3 "Prior to occupancy of the migrant housing facility in May 2004 (or any year) the applicant must show evidence of Site Application approval, and construction of the approved domestic wastewater treatment works must be completed. Included with this approval is evidence that a Wastewater Discharge Permit has been obtained." (Department of Public Health and Environment) Development Standard not required. • The Health Department has determined that the facility's septic system will be sized based on the water allocation from the existing and permitted Domestic Well, permit number F-21904. Given this determination, State of Colorado, Department of Public Health and Environment's Site Application process is not required. MEMORANDUM • wfige O Board of 2 fC�4untyCommissioners May COLORADO FROM: Kim Ogle, Planning Manager SUBJECT: USR-1437, Multi-Family Dwellings for persons principally employed at or engaged in Farming, Ranching or Gardening in the A (Agricultural) Zone District. Moises Rodriguez, Applicant Amendment to Development Standards Consider request to remove Development Standard number 4 "The applicant shall comply with the requirements of the Site Application approval permit at all times." (Department of Public Health and Environment) Development Standard not required. The Health Department has determined that the facility's septic system will be sized based on the water allocation from the existing and permitted Domestic Well, permit number F-21904. Given this determination, State of Colorado, Department of Public Health and Environment's Site Application process is not required. r Memorandum III D TO: File C From: Pam Smith, ISDS Program Coordinator( g ' COLORADO DATE: May 14, 2004 SUBJECT: USR-1437;Justification for Septic Field Sizing The well permit from 1976 states that the average annual appropriations from the well shall not exceed 1.17 acre-feet. This water allocation limits the number of occupants that can live at the facility. Therefore, this same allocation will be used to size the septic system for the facility. 1 .17 acre-feet = 1044 gallons per day 24 people occupancy = 44 gpd consumption The available gallons per day (1044) falls under the requirements for a Site Application approval with the Colorado Department of Public Health and Environment. This per person consumption is adequate for the sanitation and hygiene needs for migrant housing residents with modest accommodations. O:\PAM\Planning\USR\usr-1437 septic field sizing justification.doc • Memorandum alun ' ::: :am C Smith, ISDS Program Coordinator "1/4) • COLORADO DATE: May 14, 2004 SUBJECT: USR-1437, Development Standard #4 Development Standard #4 as written is no longer necessary. However, the septic system must be brought up to current code. Therefore, Development Standard #4 should be amended to read: 1 . The septic system is required to be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. 2. The applicant shall comply with the requirements of Chapter 30 of the Weld County Code (Individual Sewage Disposal Systems) at all times O:\PAM\Planning\USR\usr1437 devepment standard 4 amendments.doc 0417( MEMORANDUM .-. WLI�C. TO: Board of County Commissioners COLORADO DATE: May 19, 2004 FROM: Kim Ogle, Planning Manager SUBJECT: USR-1437, Multi-Family Dwellings for persons principally employed at or engaged in Farming, Ranching or Gardening in the A (Agricultural) Zone District. Moises Rodriguez, Applicant Amendment to Development Standards Consider request to amend Development Standard number 9 "There shall be no open burning conducted on the site, with exception to burning defined as "agricultural open burning" as defined by Regulation No. 1 of the Colorado Air Quality Control Commission Regulations." (Department of Public Health and Environment) This Development Standard is based on an outdated language. The Development Standard should read as follows: "There shall be no open burning conducted on the site, with exception to burning defined as "agricultural open burning" as defined by Regulation No. 9 of the Colorado Air Quality Control Commission Regulations." (Department of Public Health and Environment) The amendment to text is the location of where "agricultural open burning" is defined. Old language identified Regulation No. 1; New language identifies Regulation No. 9, effective date January 17, 2002. A(11.11 MEMORANDUM TO: Board of County Commissioners COLORADO. DATE: May 19, 2004 FROM: Kim Ogle, Planning Manager SUBJECT: USR-1437, Multi-Family Dwellings for persons principally employed at or engaged in Farming, Ranching or Gardening in the A (Agricultural) Zone District. Moises Rodriguez, Applicant Amendment to Development Standards Consider request to remove Development Standard number 13 "The water system shall comply with the requirements for a Public water system as defined in the Primary Drinking Water Regulations (5 CCR 1003-1) at all times." (Department of Public Health and Environment) Development Standard not required. The facility is required to accommodate twenty-four (24) persons or less to not be considered a public water supply. The applicant has stated there are presently eighteen (18) persons residing at the facility and that the facility will remain under the twenty-four (24) persons or less threshold. it ken en Mot� G , zvo4 • tipgq$Ilfe ep„ mss • - �►-s PA , G�.4 ti ._. _. ,per 41- I r 1_ _`' . mw • '... = - ice. I `1 u.~ r • . , �1 AjY 9�"'L t „.., ,,.,,,, _ 4 . , ,. , , k",` t 40%, 14.14A ., ::;"?1'..... ..:, yf 5. t• p.lycygd,iv. 41Wr'S.+�' k ', - It N 12 !!•,.-;:'.,',.;:,.../ 41.1:1,4;,;,7,.;:- z Y i z4' 4 d", R Y 4 rfr`YM1T .as 'i- ,� '' �f � " yiM' v { t. ..;1,2!:!..-.,r .'emu Y c Current Conditions - February 26, 2004 USR-1437 Jar rt e • EMU ' �x \l j.:74-7�� q J� ,� ,9".0., 1o,�.� . v.'it ^^w I Pte,,, �, x � I.rv.. 1 t Lk� � k f_q.QV � i r w \ . 4 t;;, i .1. 0 $ tII rr i - - 7F v, .. -rr,4 ,_ -Jr- c'"01 -._ :1_ • '' "1-14 flr Lwi R ly ct- } ` 4hr • i : r ..‘",--_ May 13, 2004 - Staff Photograph - USR-1437 i 4,1 y u. :7h ^"t, ,f ;, �k r 1 yi If, 1 A lit ltipt � f" i Peii t'' III f4 1 k r- —.,,,,,,ill1a e. fl l� f ' �" .i i 7 i - i 'V y� .. Y",�p ;, j m .Y vn h.. a. .WHIM• kv= 'ffd re .TW+.Yip,,..zy,.<._ :.s a '„.-x. Y•,' z e • i 1.,141 p.t • v.,q > ' < '9'i, Ems..l f ?t :; ;i: ffii,4i < .e,t k ,.IIIfir T p, TR'"ly T 7Rar' a -.r SdrH."" ir`P4t w- +b' '-+fie {.pela er-:-:�.. exs rsa'� tea:._+ ».... _ a -& ;•_ Property of Moises Rodriguez 22185 SH 52, Docket Number # 2004-14 The entry to 22185 SH 52 is often just mud or a dusty surface. The dust from traffic into the site has a particularly negative impact on the assisted living community to the south and adjacent to the roadway. The Town often has to treat the roadway for dust due to complaints of neighboring seniors with health related issues. Feb 25, 2003 May 14, 2004 April 13, 2004 May 14, 2004 II. Numerous reports of gunfire from within the site are a cause for concern of many residents living within close proximity. There is a community park with ballfields and playgrounds just south of this site. The stop sign shown below faces the west unit on the Rodriguez property 250' away. To the west and behind the stop sign is a single family residence. tSTO ? ' ti III. Beer bottles and other debris that were often discarded along the entry drive adjacent to the Towns water tanks by tenants or visitors to the site are now being picked up by Mr. Rodriguez. The railroad area 150 feet west of this site is not as fortunate. •. d! 'A 1HZN Y YES, 'L f' '', 'F tr h,.,hk�5 h • '..; . -- ..eye}` \ Feb 25, 2003 May 14,2004 IV. The property appears poorly maintained with noxious weeds, junk vehicles, trash and debris. Buildings are in need of paint, with recent additions not having been painted at all within the last five years. ,..41. 1- "- n Hu sJ ., nu .- s F 1 W ti J4: u Hi Pictures above taken in February 2004 raw 3;p. : c. M1 Pictures above taken July 2003 Pictures above taken July 2003 V. During the previous permitted use, and while in violation of restricted occupancy limits, additions were added to the rear of both two story units to increase occupancy levels. The additions are not painted and an eyesore to adjoining properties. 11.11 VI. The septic field has previously failed and overflowed into a nearby drainage way. The drainage from this area flows along and under the railroad tracks back toward the town. Continued heavy use of the septic system will created health and environmental problems which may ultimately impact the town. Vie."` VII. An evaporation pond on the property is littered with debris, may become stagnant and a breeding area for mosquitos. Several junked aerators lie on the bottom. When the pond level rises, the outfall pipe discharges water of unknown quality under the railroad and across private property to the west. Eventually this water drains into the town and along the northern edge of a trailer park. Pictures above taken Feb 2004 .5 ryb:�4 F4bL' 1 F. .d yxr '6 { Pictures above taken May 2004 DeC-01-00 09: 36A Weld County Title - Dntn 970 356 3248 P .02 ACCESS AND EASEMENT AGREEMENT THIS ACCESS AND EASEMENT AGREEMENT (the "Agreement") is entered into this „77 day of,4 cr�yg(,xh� , 2000, by and between the TOWN OF HUDSON, COLORADO, a Colorado municipal corporation (the"Town"), THE FARMERS RESERVOIR AND IRRIGATION COMPANY ("FRICO"), and DEAN PICKLE AND SPECIALTY PRODUCTS COMPANY ("Dean Pickle") also referred to hereinbelow collectively as "the Parties." RECITALS: WHEREAS, the Parties have previously executed a Letter of Understanding dated May 10, 2000 regarding the location of a portion of a private access road (the "Road") which is generally located near the west bank of the East Neres Canal, and which portion extends from State Highway 52 within the Town of Hudson north into Tract 12 of the Ireland Gardens Subdivision, Weld County, Colorado, which property is owned by Dean Pickle; and WHEREAS, the Road is the only means of access from a public roadway into the Ireland Gardens Subdivision, and the Road is also a necessary means of access for FRICO to maintain the East Neres Canal. and for the Town to access its water storage tank facilities: and WHEREAS, the Parties now seek to memorialize their respective obligations and rights related to the relocation, use, construction, and relocation of the Road. NOW, THEREFORE, in consideration of the foregoing recitals and mutual covenants and promises set forth below, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Road Relocation and Construction: The parties acknowledge and agree that the Road has been relocated and constructed by the Town in accordance with that Letter of Understanding signed by all Parties (the "Understanding"). The Road. as relocated and constructed, is more particularly described in Exhibit A attached hereto and incorporated herein by this reference. 2. Cross-Access Easements. The Town and FRICO each grant to the other access easements over the Road, for use by each for the purposes set forth hereinbelow. Specifically, the Town acknowledges and agrees FRICO is granted the right to use the Road for the purposes of the maintenance and operation of the East Ncres Canal. FRICO specifically acknowledges the Town is granted the right to use the Road for municipal purposes, including the right to access the water storage facilities of the Town, and other municipal facilities of the Town. Nothing in the grant of easements contained herein shall be deemed a waiver of any party's ownership in fee DEC 01 '00 10:06 970 356 3248 PRGE.02 Dec-01-00 09 :36A Weld County Ttle - Ontn 970 356 3248 P. 03 simple of any property within the road, and nothing herein shall preclude FRICO or the Town from exercising any property rights consistent with ownership of the Road so long as the access granted herein is maintained. 3. Grant of Easement to Dean Pickle. FRICO and the Town hereby grant to Dean Pickle, its successors and assigns, an access easement over and across the Road, for the sole purpose of providing access to Tract 12, Ireland Gardens Subdivision, Weld County, Colorado, including means of ingress and egress to Tract 12, Ireland Gardens Subdivision, based on the current use of Tract 12 as a multi-family residential use in unincorporated Weld County. Nothing in this grant of access shall be deemed to create a public roadway, nor shall anything in this Agreement preclude the future improvement of the Road in the event any land use approval is sought by any party hereto, or in the event that the use of Tract 12 of Ireland Gardens Subdivision is altered. 4. Maintenance of the Road. The Town agrees to maintain the Road by grading and surfacing the Road as needed, and no less than two times per year, The Town shall not provide snow removal services on the Road, and nothing in this Agreement shall require that the Road be deemed a public road within the meaning of Colorado law or the Town of Hudson Municipal Code. 5. Storage of Construction Spoils. The Parties acknowledge and agree that in accordance with the terms of the Understanding, the Town removed portions of a dirt bank near the west bank of the East Neres Canal and placed said dirt on Tract 12 of the Ireland Gardens Subdivision, with said dirt to be removed by FRICO from Dean Pickle's Property and used by FRICO on or before December 31, 2000. FRICO reaffirms that it will remove said dirt piles from their current location on Tract 12 of the Ireland Gardens Subdivision and restore Tract 12 to its condition existing prior to the storage of said dirt piles no later than December 31, 2000. 6. Modifications. This instrument constitutes the entire agreement between the parties relative to this matter, and the provisions of this Agreement may be altered, amended, waived or revoked only by an instrument in writing signed by all parties hereto. 7. Captions. The captions to this Agreement are inserted only for the purpose of convenient reference and in no way define, limit or prescribe the scope or intent of'this Agreement, or any part thereof. 8. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns as the case may be. 9. Invalid Provision. If any provision of this Agreement shall be determined to be void by any court of competent jurisdiction. then such determination shall not affect any other provision hereof and all of the other provisions shall remain in full force and effect. It is the -2 DEC 01 '00 10:07 970 356 3248 PAGE.03 Dec-01 -00 09:37A Weld County Title - Dntn 970 356 3248 P .04 intention of the parties hereto that if any provision of this Agreement is capable of two constructions, one of which would render the provision void, and the other which would render the provision valid, then the provision shall have the meaning which renders it valid. 10. Governing Law. The laws of the State of Colorado shall govern the validity, performance and enforcement of this Agreement. Should any party institute legal suit or action for enforcement of any obligation contained herein, it is agreed that venue of such suit or action shall be in Weld County, Colorado. 11. Notices. All notices required under this Agreement shall he in writing and shall be hand delivered or sent by registered or certified mail, return receipt requested, postage prepaid, to the addresses of the parties herein set forth. All notices so given shall be considered effective seventy-two (72)hours after deposit in the United States mail with the proper address as set forth below. Any party, by notice so given, may change the address to which future notices shall be sent. Notice to the Town: Town of Hudson Attn: Robb Fuller 557 Ash Street P. O. Box 351 Hudson, CO 80642 With copy to: Corey Y. Hoffmann, Esq. Hayes, Phillips & Maloney, P.C. 1350 17`h Street, Suite 450 Denver, CO 80202 Notice to Dean Pickle: Greg Lewandowski, V.P. Dean Pickle and Specialty Products Company P. O. Box 19057 Green Bay, WI 54307-9057 With copy to: Melvin Dinner, P.C. Attorney at Law 540 Bank One Plaza Greeley, CO 80631 Notice to FRICO: Manuel Montoya, General Manager The Farmers Reservoir and Irrigation Company 80 South 27th Avenue Brighton, CO 80601 -3 DEC 01 '00 10:08 970 356 3248 PRGE.04 Dec-O7. -OO O9: 37A Weld County Title - Dntn 97O 356 3248 P. O5 12. Assignment or Assignments. This agreement and the terms and conditions hereof shall be assignable by the parties hereto and their respective legal representatives, successors and assigns. 13. Recording of Agreement. This Agreement shall be recorded in the real estate records of Weld County and shall be a covenant running with the Property in order to put prospective purchasers or other interested parties on notice as to the terms and provisions hereof. IN WITNESS WHEREOF, the parties to this Agreement have set their hands and seals the day and ye bove written. A ' oFNth, *re.'" 'MPO TOWN OF HUDSON k :: /S 40,-..� 1� � By I J7 4 14'/�,1 I onald B. Litton, Mayor ATTEST: Jet , Town Clerk STATE OF COLORADO ) ) SS. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this C9#day of /7o. tt et, • 200000 by Donald B. Litton as Mayor and Judy Larson as Town Clerk of the Town of Hudson, Weld County, Colorado. 0,,11'''''... . \S"..":10'bgen lmission expires: a<4. a y X 043 ?(SEAL) 'is!reoF cocci'„-' Public ....... -4 DEC 01 '00 10:ee 970 356 3248 PAGE.05 Dec-01-00 09 : 38A Weld County Title - L'ntn 970 356 3248 P . 06 DEAN PICKLE AND SPECIALTY PRODUCTS COMPANY By Greg Lewandowski, Vice President STATE OF WISCONSIN ) ) SS. COUNTY OF BROWN ) The foregoing instrument was acknowledged before me this day of 2000, by Greg Lewandowski, as the Vice President of Dean Pickle and Specialty Products Company. My Commission expires: (SEAL) Notary Public THE FARMERS RESERVOIR AND IRRIGATION COMPANY By Name: . ry / Title: (p—ii.e:.422,4..,'- STATE OF COLORADO ) ) SS. COUNTY OF ADAMS ) The foregoing instrument knowJedged before me this 2O day of 2000, by rat (_yfC as �� _ .•_ of The Farmers Reser oir and Irrigation Company. M9 I§fon"'ea (SEAL) I:GENEV -- v.-St. SANDUSKY:o /` 74%0 e, v/gat al-et-al Notary Public ; � � MycomilmimapiresMai DEC 01 '00 10:08 970 356 3248 PPGE.06 1 —U —GYJcIJ YJ:u4Hl"I rKum IVICLV1N V1NNCK. HI I , W/IO 3=G tiI /L Y. L IVSI•J.eettouw 1d b3HM DEAN FOODS(EXEC err) NO.173 P.6/6 - DEAN PICKLE :'D SP:CIALTY PRODUCTS COMPANY 13 Vice President tamae.ufrki STATE OF WISCONSIN ) ) SS, COUNTY OF BROWN ) The foregoing instrument was acknowledged before me this 'a.S day of tkci ca Mb'gr 2000,by Greg Low„..el ,.tak ;as the Vice President of Dean Pickle and Specialty Products Company. l_e;,temAct.:a k•1 My Commission expires: \U.4• IA I ;oo (SEAL) Notary Public e;: lJ .:.��M . • L �~ THE FARMERS RESERVOIR AND IRRIGATION COMPANY �. .. , By Name: Title: STATE OF COLORADO ) COUNTY OF ADAMS ) SS. The foregoing instrument was acknowledged before me this day of ,2000, by as a The Farmers Reservoir and Irrigation Company. 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' �c I i J ( % I III 11 I —Q� YI tl {/{/ i A 1 1 1 1 , n r a 17� 'l 1 1 p 1 AI lit i pppa v i 1 1 I J 111 1 7]. 1 1 }Qd ,Ii a l� z Q\Ill i' I 'I 111pF IT. y p1 I i " 8ii I 11 I 11� 9 WF 1 1 \\ti 11 ' I , rl j 1 6gI 1 1 I I lM.l1 II --• -`_-� j i t I 1 y itc - ilyy� 's s42Cg A6 I I n\ 'I 1 II Oa�iL r=o-L .' '/ I ligill ILr74 zt g ?'-'- 1 n ... j i 1 1 I I 1 i xz 4 � ' HtliWal;ills 1 r yy Jet i J rPn��RR _ — 411 1 0.4 94, a,ri,4vu y sli ,•90 GRAVEL DRiV_ g i6.54 ' „I [t- 1nI .LAP TANK FOUNDTIO dt PIP NG --_- / 'I 1 , 1 5 r y �"' - *pP.rur RLNSgM3 "4,21177'.... r I11 MiAAY 8 � ROAOOAYK-ALICNNLM bet . 1-6,00-922.1987 - y y LKS Inr rn.Jew, r. a. -- _. a r �.. . iMivarii�..br h _ °..v�„wR, er AC TOWN C/' NN0.50N --- wl.as I 1 wyrfwtlwngpw. .cmrmgr • DEC 01 '00 10:09 970 356 3248 PFbGE.07 • LEGAL DESCRIPTION TRACT 12, IRELAND GARDENS, WELD COUNTY, COLORADO r SURVEYOR'S CERTIFICATE T0: v 1 . DEAN PICKLE AND SPECIALTY PRODUCTS COMPANY 4. CHICAGO TITLE OF COLORADO, INC. s 2. MOISES RODRIGUEZ 5. CHICAGO TITLE INSURANCE COMPANY 3. WELD COUNTY TITLE COMPANY 6. FREDERICK ROSS COMPANY THIS IS TO.CERTIFY THAT THIS MAP OR PLAT AND THE SURVEY ON WHICH IT IS BASED WERE MADE IN ACCORDANCE WITH "MINIMUM STANDARD DETAIL REQUIREMENTS FOR ALTA ACSM LAND TITLE SURVEYS" JOINTLY ESTABLISHED AND ADOPTED BY ALTA AND ACSM IN 1999 AND INCLUDES ITEMS 1 , 3, 4, 7a, 8, 10 and 11a OF TABLE 'A' THEREOF, AND PURSUANT TO THE ACCURACY w STANDARDS OF AN URBAN SURVEY. THAT SAID PLAT CORRECTLY SHOWS ALL IMPROVEMENTS SITUATED ON THE DESCRIBED PREMISES; THAT THERE ARE NO VISIBLE EASEMENTS OR RIGHTS-OF-WAYS ACROSS SAID PREMISES, NO EN- ti CROACHMENTS ON ADJOINING PREMISES, STREETS, ALLEYS, OR ON ANY EASEMENTS OR RIGHTS- OF-WAY BY ANY OF SAID IMPROVEMENTS, AND NO ENCROACHMENTS ON SAID PREMISES BY ANY IMPROVEMENTS SITUATED ON ADJOINING PREMISES, EXCEPT AS NOTED HEREON; AND THAT ALL J E SEPARATE PARCELS SHOWN AND DESCRIBED ARE CONTIGUOUS TO EACH OTHER AS SHOWN. d I! 0 LEGAL DESCRIPTIONS AND EASEMENTS ARE BASED ON WELD COUNTY TITLE COMPANY TITLE J ✓ COMMITMENT CS 52065 DATED OCTOBER 27, 1999. 3 � ROBERT A. SHORT, REGISTERED LAND SURVEYOR, 0 COLORADO REG. NO. 7242 DATE: S Q t - S- i CO .44 a hg a • CERTIFICATION OF FLOODWAY LOCATION THIS IS TO CERTIFY THAT THE PROPERTY DESCRIBED HEREON DOES LIE IN ZONE C, (AREAS OF MINIMAL FLOODING) ACCORDING TO THE FLOOD INSURANCE RATE MAP V I COMMUNITY PANEL NO. 080266-1025-C, EFFECTIVE DATE SEPTEMBER 28, 1982, AND ..e-nnnrn nw rur rrnr.nni cRRcor_cniry Rnninrr.Recnir efckiry PERMITTED LABOR CAMPS-WELD COUNTY In,,, \ - I° - _. - _. - _.. \- - 1 -• �-_ .-. __ I -._ (Stevens •\ P-1Z i - _ - _ Pr High Plains Housing USR-1084 / - , a 1 i'-Rodriguez UP--25 T. BOARD OF COUNTY COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS MAY 3, 2004 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 FIFTEEN DAYS BEFORE THE BOARD OF COMMISSIONERS HEARING FOR A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR MULTI-FAMILY DWELLINGS FOR PERSONS PRINCIPALLY EMPLOYED AT OR ENGAGED IN FARMING, RANCHING OR GARDENING IN THE A (AGRICULTURAL) ZONE DISTRICT. KIM OGLE Name of Person Posting Sign 14 Signature of Person Posting Sign STATE OF COLORADO ) ss. COUNTY OF WELD The foregoing instrument was subscribed and sworn to me this la day of _ , 2004. WITNESS my hand and official seal. IU L L(�,�� c Notary Public �^ My Commission Expires: v2��//11&2 k - May 6, 2004 - Staff Photograph - USR-1437 si PI, NOTICE iii., VORA�• its . tea: . . _ A PUBLIC HEARING CONCERNING _ - THMOZERTY WILL BE HELD AT: ht1J1t.AR itvtuowar 41 Ica I 0714 Silage- ., ON MbY 19 , 20 thrall nt aa. ', t. - ,.x NAME Mbl WOpGP4C/USZ., „i1t ;,11"� "t . li USF, Foe. M V PAM1W ! v T REQUEST �pNS i"j 4 P es It: Noe 1 ' • r a t • � It .. Jjr "11 L.01:7- J I. - raiai "1L - ACRES 1 " , '• - 4 r.' r7 FOR MORE INFORMATION CALL ' + WELD COUNTY DEPARTMENT OF PLANNING SERVICES AT .- (970)353-6100 ext. 3540 ; /1 �.. Iii 1 r ,; f U.S. Postal Service CERTIFIED MAIL RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) RJ tU rn {16-/6z9 Postage .$ Certified Fee trl Return Receipt Fee Postmark (Endorsement Required) Here O Restricted Delivery Fee C (Endorsement Required) _@@ 0 Total Postage 8 Fees $ ru a to Recipient's Name (Please Pc Cle ly)(To be completed by mailer) 1 o 777 ' // Y o treee pt.No.;or PO Box CIt S to Z � � M1 �� (a Hello