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Home My WebLink About20040229.tiff INVENTORY OF ITEMS FOR CONSIDERATION Applicant Moises Rodriguez Case Number USR-1437 Submitted or Prepared Prior to At Hearing Hearing 1 Planning Commission Resolution 2 Staff Comments X Department of Planning Services field check form X Planning Commissioner Fitzgerald field check form Letter(s)to Applicant X Photograph of sign posting X Legal Notifications X 3 Application X Maps X 4 Referral List X Referrals without comment X 5 Weld County Zoning Compliance, referral received July 9,2003 X Weld Central School District RE-3, referral received July 23, 2003 X Referrals with comments 6 Weld County Sheriff's Office, referral received July 13,2003 7 State of Colorado, Department of Transportation, referral received July 16,2003 8 Town of Hudson, referral received February 6, 2003,July 23, 2003 9 Weld County Department of Public Works, referral received August 1, 2003 10 Weld County Department of Building Inspection -Permits, referral received August 1, 2003 11 Weld County Department of Public Health and Environment, referral X received August 6, 2003 12 State of Colorado, Colorado Department of Public Health and X Environment,Water Quality Control Division, referral received August 8,2003; August 12, 2003 13 State of Colorado, Colorado Department of Public Health and X Environment,Water Quality Control Division, copied on letter to applicant,August 8,2003 14 Weld County Department of Building Inspection, referral received X August 13, 2003 EXHIBIT 2004-0229 usC#143-7 PC Exhibits 15 Facsimile of Letter from RCAC dated October 21, 2003 to P. Smith Weld X County Department of Public Health and Environment I hereby certify that the 15 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. T - items were forwarded to the Board of County Commissioners. Kim Ogle % Plan er Ill Att'sr, WIWDcLANDSUMMARY SHEET ION COLORADO Case Number: USR-1437 Hearing Date: September 16, 2003 Continued Date: October 21, 2003 Applicant: Moises Rodriguez Address: c/o Fred L. Otis, Otis, Coan & Stewart 1812 56th Avenue, Greeley, CO 80634 Request: 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. Legal Description: Tract 12, Ireland Gardens; being part of the SW4 of Section 2, Ti N, R65W of the 6th P.M., Weld County, Colorado. Location: North of State Hwy 52 and 1/4 mile east of Beech Street (CR 45) Size of Parcel: 9.14+/- 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 Zoning Compliance, referral received 7-9-2003 • Weld County Sheriffs Office, referral received 7-15-2003 • Colorado Department of Transportation, referral received 7-16-2003 • Town of Hudson, referral received 2-6-2003, 7-23-2003 • Weld Central School District RE-3, referral received 7-23-2003 • Weld County Department of Public Works, referral received 7-30-2003 • Weld County Department of Public Health and Environment, referral received 8-7-2003 & 8-12-2003 • Colorado Department of Public Health and Environment, referral received 8-8-2003 EXHIBIT Rodriguez,Rodriguez, USR-1437 Page 1 The Department of Planning Services has not received referrals from these agencies: r • Colorado Division of Wildlife • Hudson Fire Protection District • Neres Canal/ Farmers Reservoir and Irrigation Company • Weld County Department of Building Inspection • Weld County Housing Authority • West Adams Soil Conservation District Rodriguez, USR-1437 Page 2 Oetcf( SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW COLORADO Planner: Kim Ogle Case Number: USR-1437 Hearing Date: September 16, 2003 Continued Date: October 21, 2003 Applicant: Moises Rodriguez Address: do Fred L. Otis, Otis, Coan & Stewart 1812 56th Avenue, Greeley, CO 80634 Request: 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. Legal Description: Tract 12, Ireland Gardens; being part of the SW4 of Section 2, T1 N, R65W of the 6th P.M., Weld County, Colorado. Location: North of State Hwy 52 and 1/4 mile east of Beech Street (CR 45). Size of Parcel:9.14+/- acres Parcel Number: 1473 -02- 004003 THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 23-2-220 of the Weld County Code as follows: A. Section 23-2-220.A.1 --The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. Section 22-2-180.H, states "Residential development on agricultural zoned land is provided to aid in the continuation of agricultural production and/or to accommodate low intensity development." Section 22-2-190.F.1 (R.Policy 6.1)states "Opportunities for housing developments including, but not limited to, multi-family and manufactured homes, should be provided to encourage lower cost renter or owner occupied housing or employee housing." The existing two - ten unit Rodriguez,USR-1437 Page 3 migrant farm houses with an unattached Public Bath House was established in 1977 through CUP-25 to assist the American Products pickle operation. The two labor housing units were permitted to provide housing for up to 100 person during the months of May through September, with one unit occupied full time for the purpose of protection and maintenance. The property, including all structures were acquired by the applicant in January 2001. This application is 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. B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. Section 23-3-40.M of the Weld County Code provides for Multi-Family Dwellings for persons principally employed at or engaged in Farming, Ranching or Gardening as a Use by Special Review in the A(Agricultural) Zone District. C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing surrounding land uses. Surrounding parcels to the east are predominately residential, to the south is the Hudson Fire Station, a Baptist Church, the Town of Hudson Park and Town of Hudson Housing Authority residential structures all located within the Town Limits. To the west are the incorporated Town Limits for Hudson. To the north is the Burlington Northern rail tracks, residential properties and the 1-76 corridor. The site has been used for migrant farm labor housing for approximately 26 years under the present Conditional Use Permit, CUP-25. r D. Section 23-2-220.A.4 -- The 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 Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The Town of Hudson was provided a Notice of Inquiry dated January 30, 2003 advising the town that the subject property was within their Urban Growth Boundary. In a letter dated February 6, 2003 from Jim Landeck, Town Administrator, he stated, "the Board of Trustees is reluctant to consider any annexation petition for the property until the issues and concerns could be satisfactorily resolved." Further, Landecks letter states, "the property is not compatible with the Town's current Comprehensive Plan for the area." In a referral response dated July 23, 2003, the Board of Trustees of Hudson "strongly objects to the consideration and approval of the proposed Special Review permit for this property. Ordinance 2003-XX, Article XIV, Chapter 19 , the Inter-governmental Agreement (IGA) boundary with the Town of Hudson will [presently] influence this site. The Department of Planning Services and the County Attorney's office determined that when the application was submitted and under review there was not an IGA in place between Weld County and the Town of Hudson,therefore, it was determined by the Weld County Attorney's office that this application would not be subject to Ordinance 2003-XX,Article XIV,Chapter 19,given that Ordinance 2003-XX,Article XIV, Chapter 19 was not adopted prior to the submittal of the Use by Special Review, (USR-1437) application. Rodriguez, USR-1437 Page 4 E. Section 23-2-220.A.5 -- The application complies with Section 23-5 of the Weld County Code. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) F. Section 23-2-220.A.6--The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The subject site has a limited amount of prime agricultural land. The site has historically been utilized as migrant farm labor housing. G. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and Development Standards ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. Prior to scheduling a Board of County Commissioners hearing: A. The applicant shall provide written evidence from the appropriate regulatory authority of the 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. (Department of Planning Services) B. The applicant shall provide written evidence from the appropriate regulatory authority of the steps being taken to address the Colorado Primary Drinking Water violations as addressed in their letter dated August 8, 2003 from Brad Simons, District Engineer, Water Quality Control Division. (Department of Planning Services) 2. Prior to recording the plat: A The plat shall be amended to delineate the following: 1. The Plat shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. (Department of Planning Services) 2. All plats shall be labeled USR-1435 (Department of Planning Services) 3. The attached Development Standards. (Department of Planning Services) 4. The Permit Boundary for the facility shall include all septic leach fields and subsurface encumbrances associated with this development. (Department r-� of Planning Services) Rodriguez, USR-1437 Page 5 5. The plat shall reflect the current site conditions, including the location of all existing structures associated with the labor house. (Department of Planning Services) 6. The fence enclosure, including man gates for the facility. (Department of Planning Services) 7. The location of all on-site lighting. (Department of Planning Services) 8. The location of the screened trash enclosure and dumpster. (Department of Planning Services) 9. The location of the graveled or equivalent parking area. This includes curb stops. (Department of Public Works and Planning Services) B. The applicant shall submit an application for the attached two single wide mobile homes to both the Department of Building Inspection and to the Department of Planning Services for review and approval. (Department of Planning Services) C. The applicant shall schedule a walk through with the Sheriffs office to participate in a program entitled "Crime Prevention through Environmental Design". This program reduces the likelihood of criminal activity at a specific location by "hardening" it to crime. (Sheriff's Office) D. 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. (Department of Planning Services) E. 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. (Department of Planning Services) F. Submit a dust abatement plan to the Environmental Health Services, Weld County Department of Public Health & Environment, for approval prior to operation. (Department of Public Health and Environment) Rodriguez,USR-1437 Page 6 G. 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 facility as evidenced by slightly soapy water. No sewage odor was detected at the time of inspection. Afurther 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) 2. The applicant shall submit evidence to the Department of Planning Services, Rodriguez,USR-1437 Page 7 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) 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) H. 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) The applicant shall submit Landscape Plan map as stated in the application materials to the Department of Planning Services for review and approval. (Department of Planning Services) J. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. (Department of Planning Services) 3. Upon completion of 1. and 2. above the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within thirty (30) days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) 4. The Department of Planning Services respectively requests the surveyor provide a digital copy of this Use by Special Review/. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to mapsaco.weld.co.us. (Department of Planning Services) 5. 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) Rodriguez, USR-1437 Page 8 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS MOISES RODRIGUEZ USR-1437 1. 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, as indicated in the application materials on file and subject to the Development Standards stated hereon. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. 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) 4. The applicant shall comply with the requirements of the Site Application approval permit at all times. (Department of Public Health and Environment) 5. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 6. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health and Environment) 7. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. (Department of Public Health and Environment) 8. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of Public Health and Environment) 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) 10. This facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as delineated in 25-12-103 C.R.S., as amended. (Department of Public Health and Environment) 11. All potentially hazardous chemicals must be stored and handled in a safe manner in accordance with product labeling and in a manner that minimizes the release of Rodriguez, USR-1437 Page 9 hazardous air pollutants (HAP's) and volatile organic compounds (VOC's).(Department of Public Health and Environment) r 12. Adequate handwashing and toilet facilities shall be provided.(Department of Public Health and Environment) 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) 14. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program.(Ordinance 2002-11) 15. The landscape treatment on site shall be maintained in accordance with the Approved Landscape Plan. (Department of Planning Services) 16. The property owner shall allow any mineral owner the right of ingress or egress for the purposes of exploration development, completion, recompletion, re-entry, production and maintenance operations associated with existing or future operations located on these lands. (Department of Planning Services) 17. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 18. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 19. Personnel from Weld County Government 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. 20. 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. 21. 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. Rodriguez, USR-1437 Page 10 014t4 MEMORANDUM WI le TO: The Weld County Planning Commissioners COLORADO FROM: Kim Ogle, Planner III t DATE: September 16, 2003 SUBJECT: USR 1437, Moises Rodriguez do Fred L. Otis, Otis, Goan & Stewart 1812 56th Avenue, Greeley, CO 80634. The Department of Planning Services' requests a continuance of case number USR-1437, 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 due to lack of legal notification in the South Weld Sun. An electronic mail notice from the South Weld Sun with their explanation is attached. The applicant's representative is aware of this unforeseen circumstance and concurs with staffs recommendation to continue case number USR-1437 until October 21, 2003. r SERVICE,TEAMWORK INTEGRITY,QUALITY tr4r.e. rs DEPARTMENT OF PLANNING SERVICES PHONE (970)353-6100, EXT.3540 FAX (970) 304-6498 1555 N. 17TH AVENUE WIliDC GREELEY, COLORADO 80631 COLORADO September 5,2003 Moises Rodriguez do Fred Otis Otis, Coan&Stewart LLC The Doyle Building 1812 56th Avenue Greeley, CO 80634 Subject: USR-1437- Request 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 on a parcel of land described as Tract 12, Ireland Gardens: being part of SW4 of Section 2,TIN, R65W of the 6th P.M.,Weld County, Colorado. Dear Applicants: Your application and related materials for the request described above are being processed. I have scheduled a meeting with the Weld County Planning Commission for October 21, 2003, at 1:30 p.m. This meeting will take place at the Southwest Weld County Complex, 4209 CR 24 14, Longmont, 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. It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property or if the property is located within the comprehensive planning area of a town or municipality. Therefore,our office has forwarded a copy of the submitted materials to the Hudson Planning Commission for their review and comments. Please call Hudson at(303)536-9311 for further details regarding the date,time,and place of this meeting. It is recommended that you and/or a representative be in attendance at the Hudson Planning Commission meeting to answer any questions the Commission members may have with respect to your application. 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. especffully, m 0• - Plann 4 DEPARTMENT OF PLANNING SERVICES '1 PHONE (970) 353-6100, E 0 Alt FAX 304-6498 (970) 1555 N. 17TH AVENUE WILD GREELEY, COLORADO 80631 • COLORADO July 7,2003 Moises Rodriguez do Fred Otis Otis,Goan&Stewart LLC The Doyle Building 1812 56"Avenue Greeley,CO 80634 Subject: USR-1437- Request 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 (A Section(Agricultural) n District on a l)Zone R65W of the 6th P.M.,Weld County, cel of land d Colorado.as t 12, Ireland Gardens; being part of SW4 ofDear Applicants: Your application and related materials for the request described above are being processed. I have scheduled a meeting with the Weld County Planning Commission for September 16, 2003, at 1:30 p.m. This meeting will take place at the Southwest Weld County Complex, representative ben attendance to answer recommended any questions the Planning Commission may and/or a have. It is the applicant's responsibility to comply with state statutes regarding notice to mineral estate owners. Colorado es 30Revised Sprior to,C.any public hearin3g. (adopted ss shall rrovrt of ide0 the Weld rCounty Planning ngon of all mineral estate owners Department with written 30 days prior to any public hearing. The applicant provide certification indicating the above requirements have been met. It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property or if the property is located within the comprehensive planning area of a town or municipality. Therefore,our office has forwarded a copy of the submitted materials to the Hudson Planning Commission for their review and comments. Please call Hudson at(303)536-9311 for further details regarding the date,time,and place of this meeting. It is recommended that you and/or a representative be in attendance at the Hudson Planning Commission meeting to answer any questions the Commission members may have with respect to your application. 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 env questions concerning this matter, please call. Respectfuily, Kim ache Plant cr ' C DEPARTMENT OF PLA1555 N. 17TH AVENUE NNING SERVICES GREELEY, COLORADO 8 631 COLORADO WEBSITE: www.co.weld.co.us E-mail address: kogle@CO.Weld.CO.US PHONE (970) 353-6100, EXT.3540 FAX(970)304-6498 June 12, 2003 Fred L. Otis Otis, Coen & Stewart, LLC The Doyle Building 1812 56'h Avenue Greeley, CO 80634 Subject: Javier Rodriguez, CUP-25 Amendment Dear Fred: The Department of Planning Services and the Department of Public Health and Environment are requesting an update on the status of the above referenced application. Over the course of the last several months Mr. Rodriguez has not been in compliance with several Health Department Standards and Regulations, specific to the public water supply and the treatment of effluent from the property. Second, it would appear that Mr. Rodriguez is also not in compliance with the current Development Standards specific to the number of individuals seeking housing at this location. Third, Bethany Salzman, Code Compliance Officer has visually inspected the property and identified an on-going problem of unlicenced vehicles and material associated with a Non- Commercial Junkyard. These issues require immediate action. Please contact this office in writing concerning this application and a timeline for submitting the appropriate application for review and processing. Should you have any questions or need further clarification, please contact me at the above address, telephone number or e-mail address. Thank you. Sincerely, Gegi Kim Ogle Planner File:CUP-25 ec:P.Smith Department of Public Health and Environment B.Salzman,Code Compliance • ► vc. ..ir • Jiti� & t1 Wilk NOTICE Wilk f . LIC HEARING ,� ;e. A PUB G CONCERNING ';4kt . '= A THI PROPERTY SS WILL BE HELD At: { A_ .,: ` . 42oq CR 24 Cr y 0 vWI'Y 'Jkcs 1- 1`�1- ` c $61:7 •p 20Q3Ai I .30? , . • � y NAME L I≥ le . � < , MULTI ice!' • ? Y :s 'N REQUEST Per Sot NS E�1vNi � ec is }cl .., . fl+RA�u U., 3. 14i_ACRIS., J r t?t CASE N0. USR• I43- ST €14 ;, te�I FOR MORE INFORMATION CALL ' •4 .fit , ' �--t. �T 7ra"ri < WELD COUNTY DEPARTMENT OF . • r r ' ' a?". F ` n~;° PLANNING SERVICES AT + • '� (970 )353- 6100 � � r,'s•; 4*• ex t. 3540 k `` ' As` '• Tir IlltKlyAort - - - *q;:::-. cm-alIS••' t_ `l" '1 gR .s �iy� . `! ;, I'� X11 = -4 ottr Y1 l - i �^' 'P ••' `QfC_r.�'' . i� ' �a % 'C- "J i` "' uRtl• 1 / , \ fete 0 Aeti ._ ci N ! j/ çi .. 'C ; State Highway 52 2 ill, VA : . - _ \ _ ! m / j..e TOWN OF HUDSON -VICINITY MAP USR -1437 RODRIGUEZ Legend: fl USR 1437 Sete Scale 1:1200 t:. ,, N •. r s ,at f VVV 1.�b,.r Yf ...;,eI _ Ti�VG .r.. ' HIt" ` ; , 4� Jy y rM h✓.. . . � M - / zs ,� ' *G,r ,,,, ;4 Y $ 4` +bY 1�A 71 fl .- - 1 ,11 t.' . _ : .Y 1 `7:,::::.: 3..11 _ O 'F'. ','. .".,fr t 1 I Or.-3` t . _ �. 3AI yO SSADOV 1 ., d 033 2 me • ls . a' . ',/ - � = - ll3M _ - j•; v A. .NiIVI 5 HIV0 :y I _ y4. - 1� ,� _ -liu (j AIiwed-illnW a "•st; F wa6Jetu3 palielGO • M y • --- I f:e: : . t • • v to s r �I • • . {„ e • • yr. �/!� f :u ve H • �• • II ill‘ • Y-iN+ssri segrallmnff ^tfr1 -'• ; .: snow•,. T... •• • - • i _ . . , .. f II t - -1 • % ftS '-� 46 t • • ,' ° t, • .r c . . • 1.'"?....). 1 , i J., I ' - • • • • 1 • S - - .• 1. -` . .. .t , ••;. '•'t - . . - - a - . J. t• FIELD CHECK inspection date: JULY 31,2003 CASE NUMBER: USR-1437 APPLICANT: Moises Rodriguez, c/o Fred Otis LEGAL: Tract 12, Ireland Gardens; being part of the SW4 of Section 2,TIN, R65W of the 6th P.M. LOCATION: North of and adjacent to State Hwy 52 and 1/4 mile east of Beech Street(CR 45). Zoning Land Use N A(Agricultural) N RR TRACKS, COMMERCIAL/INDUSTRIAL LANDS E A(Agricultural) E NERES CANAL, THEN AGRICULTURAL/ RESIDENTIAL S A(Agricultural) S TOWN OF HUDSON PARK, WATER STORAGE TANKS AND RESIDENTIAL AREAS W A(Agricultural) W TOWN OF HUDSON PARK & RESIDENTIAL AREAS COMMENTS: THE PROPERTY IS ACCESSED FROM SH 52 ONTO AN EASEMENT ADJACENT TO THE NERES CANAL. THE ACCESS IS PRIMARILY COM?ACTED LANDS. ENTERING THE PROPERTY THERE IS A LARGE OPEN AREA THAT APPEARS TO'GTILIZED AS A PARKING / DRIVING AREA. LITTLE IF ANY VEGETATION IS LOCATED ON SITE. THERE IS A STAND OF RUSSIAN OLIVE TREES BETWEEN THE HUDSON WATER TANKS AND THE PARKING AREA. THE MULTI-FAMILY HOUSING UNITS ARE TWO STORY AND APPEAR TO BE IN GOOD CONDITION. EACH UNIT HAS TEN UNITS, FIVE ON FIRST FLOOR AND FIVE ON SECOND. THERE ARE NEW STORM DOORS AND WINDOWS IN EACH UNIT. THE HOUSING UNITS ARE SURROUNDED BY A CHAIN LINK FENCE WITH SEVERAL MAN-GATES THAT ARE OPEN. THE"BATH HOUSE" IS BETWEEN THE TWO HOUSING UNITS, THIS FACILITY ALSO IS THE LAUNDRY AREA FOR THE FACILITY. BEHIND THE BATH HOUSE IS A WELL CONTAINED WITHIN A LOW STRUCTURE WITH ACCESS HATCH. CLOTHES LINE STANDARDS AND LINES ARE BEHIND EACH OF THE UNITS. STAFF DID NOT NOTICE AREA LIGHTING AT THIS FACILITY. IN ADDITION TO THE MULTI-FAMILY HOUSING UNITS THERE ARE THREE MOBILE HOMES ON PREMISES. MOBILE HOME ONE IS COMPRISED OF TWO SINGLE WIDES THAT ARE JOINED. THIS UNIT IS OCCUPIED BY JAVIER RODRIGUEZ, THE APPLICANTS SON. MOBILE HOME TWO IS BEHIND MOBILE HOME ONE. IT IS A SINGLE WIDE WITH SEVERAL OCCUPANTS. MOBILE HOME THREE IS A FIFTH WHEEL THAT IS IN THE REAR PARKING AREA, POWER IS CONNECTED VIA AN ORANGE POWER CORD, SOME WINDOWS ARE CRACKED OR MISSING. TO THE EAST OF MOBILE HOME ONE IS A CHICKEN HOUSE AND FENCED ENCLOSURE FOR FARM ANIMALS. THE CHICKEN HOUSE HAS WINDOW COVERINGS, PERHAPS TO KEEP THE PESTS OUT. IT WAS UNCLEAR IF THIS WAS A HABITABLE STRUCTURE. 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. PARKING FOR VEHICLES THAT ARE PERMITTED AND OPERABLE IS SOUTH OF THE CHAIN LINK FENCE IN FRONT OF THE HOUSING UNITS. ALSO ON SITE IS A LARGE BRINE LAGOON, UTILIZED IN THE DAYS' OF THE DEAN PICKLE OPERATION. THIS AREA HAS A 6 FOOT CHAIN LINK FENCE AT THE PERIMETER AND IS BERMED ON ALL SIDES. THE LAGOON APPEARS TO BE LINED. THERE ARE FOUR SUBMERSIBLE PUMPS WITHIN LAGOON AREA. NONE ARE OPERATING. THERE APPEARS TO BE NO OUTFALL FROM THE LAGOON. WATER IS PRESENT, LIKELY ACCUMULATED FROM SPRING AND SUMMER STORMS. AREAS TO THE WEST OF THE HOUSING UNITS APPEAR TO BE UTILIZED FOR A LEACH FIELD. THE LAND APPEARS TO HAVE BEEN DISTURBED EARLY IN THE YEAR, PERHAPS TO REPAIR THE SEPTIC SYSTEM. THERE IS ALSO AN AREA BETWEEN THIS PROPERTY AND THE RR TRACKS THAT IS ACCUMULATING WATER, SOME WITH "SOAPY'SUDS VISUAL AT THE SURFACE. THE WATER APPEARS TO HAVE MOVEMENT. SPECULATION IS THAT THIS WATER MAY BE GRAY WATER FROM THE LAUNDRY FACILITY. A SMALL MOWN AREA IS PRESENT BETWEEN THE BRINE LAGOON AND THE RR TRACKS WEST OF THE HOUSING UNITS. Kim I Planner III Hello