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HomeMy WebLinkAbout970443.tiff cn INVENTORY OF ITEMS FOR CONSIDERATION Applicant r; ,i.Soakup lnvenstments, LLC Case Number USR-1135 CLET<. Submitted or Prepared TO Prior to At Hearing Hearing 1 Planning Commission Resolution 2 Comments X a Land Use Application Summary Sheet X b Special Review Permit Administrative Review X c Additional Information X d Field Check X e Letter to Ms. Johnson X Affadavits from Ms. Johnson X g Letter to the Applicant X h Letters from Surrounding Property Owners(2 letters) X 3 Legal Notification (2 pages) X 4 Application (12 pages) X 5 Referrals without Comments X a Referral list and letter X b Windsor-Severance Fire Protection District X c Colorado Department of Transportation X 6 Referrals with Comments X a Town of Windsor 11-22-96 X b Weld County Public Works 11--26-96 X c Weld County Health Department 10-29-96 X d West Greeley Soil Conservation District(9pages) X e Weld County Building Inspection 10-14-96 X Planning Commissioner Fred Walker X 7 DPS Maps Prepared by Planning Technician (3 pages) X 8 Deed X 9 Surrounding Property Owners X 10 Utilities X 970443 a North Weld County Water District X 11 Soil Survey X 12 Planning Commission Exhibits X I hereby certify that the 12 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to the Clerk to the Board's office on December 6, 1996. Kerri D. Keithley •8 Current Pla STATE OF COLORADO ) COUNTY OF WELD ) SUBSCRIBED and SWORN TO BEFORE ME THIS igt-day of Li? . 19 %. SEAL N RY PUBLIC MY COMMISSION EXPIRES 2 - '/7/- q/y 970441 LAND USE APPLICATION SUMMARY SHEET CASE NUMBER: USR-1135 HEARING DATE: December 3, 1996 APPLICANT: Soukup Investments,LLC ADDRESS: 706 S. College Avenue Fort Collins, Co. 80524 REQUEST: A Site Specific Development Plan and a Special Review Permit for a livestock confinement operation(400 cattle), boarding facility(12 horses) and one additional accessory to the farm residence in the A(Agricultural)zone district. LEGAL DESCRIPTION: Part of the SE4 of Section 32, T7N, R67W of the 6th P.M., Weld County, Colorado. LOCATION: West of Colorado State Highway 257,north of and adjacent to Weld County Road 74; adjacent to the Town of Windsor. SIZE OF PARCEL: Approximately 20 acres,more or less. POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit is listed in Section 24.3 of the Weld County Zoning Ordinance. The Department of Planning Services' staff has received responses from the following agencies: 1. Weld County Public Works Department 2. Weld County Health Department 3. Planning Commissioner Fred Walker 4. West Greeley Soil Conservation District 5. Weld County Building Inspection 6. Town of Windsor 7. Windsor/Severance Fire Protection District 8. Colorado Dept. of Transportation 9. Town of Severance The Department of Planning Services' staff has received two letters of objection from surrounding property owners. These letters are included in the Comments Section of the packet. 970443 SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW CASE NUMBER: USR-1135 HEARING DATE: December 3, 1996 APPLICANT: Soukup Investments, LLC ADDRESS: 706 S. College Avenue Fort Collins, Co. 80524 REQUEST: A Site Specific Development Plan and a Special Review Permit for a livestock confinement operation (400 cattle), boarding facility (12 horses) and three accessory to the farm residences along with the principle residence (4 residences total) in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the SE4 of Section 32, T7N, R67W of the 6th P.M., Weld County, Colorado. LOCATION: West of Colorado State Highway 257, north of and adjacent to Weld County Road 74; adjacent to the City of Windsor. SIZE OF PARCEL: Approximately 20.5 acres, more or less. PARCEL NUMBER: 0705 32 000037 THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE DENIED FOR THE FOLLOWING REASONS: 1. It is the opinion of the Department of Planning Services's staff that the applicant has not shown compliance with Section 24.3 of the Weld County Zoning Ordinance, as amended, as follows: a. Section 24.3.1.1 -- The applicant has not demonstrated that the proposal is consistent with the Weld County Comprehensive Plan, as amended. The use proposed is within the Urban Growth Boundary of the City of Windsor. The site is a 20.5 acre agriculturally zoned parcel and is surrounded by Windsor on three sides: north, east and west. The zoning around this property inside Windsor's city limits is Planned Unit Development (PUD) allowing for industrial, commercial and residential uses. The applicant has not shown how the proposed use will be consistent with the urban-type uses planned for the adjacent properties. Located south and adjacent to the proposed use is the Valley View Ranch Planned Unit Development, a county subdivision, which encompasses approximately eleven residential lots. Residences on the lots are currently existing with light commercial C-1 and C-2 uses approved in the subdivision final plat. The applicant has not shown how the proposed use will be consistent with the existing residential land uses. 970443 USR-1135 Soukup Investments LLC Page 2 b. Section 24.3.1.2 -- This proposal is not consistent with the intent of the district in which it is located. Uses by Special Review (USRs) are uses which have been determined to be more intense or to have a potentially greater impact than the Uses Allowed by Right. As the impact or intensity of USRs are much greater, areas for the conduct of these permits require additional consideration to ensure that they are established and operated in a manner that is compatible with existing or planned land uses and developments. The location of this parcel, adjacent to the City of Windsor and a residential subdivision, is not a suitable location for the intensive type of operation of a livestock confinement operation (400 cattle) and boarding facility (12 horses) on the 20.5 acre site, as proposed in the application. The proposal is also not consistent with the Agricultural Zone District which allows for one (1) single family residence per legal lot. The applicant has four residences on the site with an additional scale house that has the potential to be a residence or has been utilized as a residence in the past. The eastern dwelling was converted from a feed shop into a residence without the proper permits. The mobile home was originally permitted as an office/manager residence and is now only a residence. The multiple (4-5) residential structures on the 20.5 acre site is equivalent to a minor subdivision in terms of impacts to roads, water and septic and is not consistent with the intent of the zone district. c. Section 24.3.1.3--The proposal is not consistent with Section 24.3.1.3 of the Weld County Zoning Ordinance, as amended and will not be compatible with existing development in the surrounding area. The proposed uses will not be compatible with the existing residential development directly south of the site. Valley View Ranch Subdivision (PUD) was approved by the Board of County Commissioners in March 1992. As stated above, this is an eleven lot residential subdivision with possible neighborhood commercial uses allowed at the intersection of Highway 257 and Weld County Road 74. Currently other land uses surrounding the parcel are agricultural uses inside of Windsor's city limits. The parcels surrounding the site in Windsor, however, are all zoned as Planned Unit Developments. d. Section 24.3.1.4 -- The proposed uses will not be compatible with future development of the surrounding area as projected by the Windsor future land use plan. The parcel is surrounded by Windsor on the west, north and east. These properties are zoned Planned Unit Development and would allow industrial, commercial and residential uses. Windsor has reviewed this request and has recommended conditional approval with stipulations addressing that if residential development occurs within 1,000 feet of the site, the operation will cease within six months. The Department of Planning Services' staff believes that the intense use of the proposal on the 20.5 acre site will not be compatible with the projected future land uses of the City of Windsor. e. Section 24.3.1.5 -- The proposal is not located within the Overlay District Areas identified by maps officially adopted by Weld County. 970443 USR-1 135 Soukup Investments LLC Page 3 f. Section 24.3.1.6 -- The applicant demonstrated an effort to conserve productive agricultural land for the use, however, the location of the use in the Urban Growth Boundary area of the City of Windsor and the proximity of the use to Valley View Ranch Subdivision is not compatible or consistent with the Weld County Zoning and Subdivision Ordinance or the Weld County Comprehensive Plan. g. Section 24.3.1.7 -- The applicant has not demonstrated that there is adequate provisions for the protection of the health, safety and welfare of the inhabitants of the neighborhood and the county. Two surrounding property owners have expressed objections to the proposed use based upon the intensity of the use, environmental concerns and the incompatibility with the existing residential uses in the subdivision directly south of the site. The Department of Planning Services' staff has concerns that the applicant is requesting four residences with the potential for a fifth residence on a 20.5 acre site. The applicant has indicated that this operation and Special Review Activity will only occur during the winter months when the cattle are brought from another ranch. The Department of Planning Services' staff does not believe that the proposed use justifies the need for four to five residences on the site as Accessory to the Farm structures. Accessory to the Farms structures require that residences be principally employed on the farm. The Department of Planning Services requested that the applicant submit W-2 forms for all residents at the site in order to ensure that the residences are in compliance with the Weld County Zoning Ordinance. To date, these forms have not been submitted to the Department. An affidavit was submitted for three residents, which is included in the packet. Staff believes that the number of residences that the applicant is requesting cannot be adequately justified, even if the Special Review Activity was to be performed year round. The previously approved USR for the site (AMUSR-735) for a 1,500 head cattle operation and 150 horse boarding facility was conditionally approved with three residences: the property owners residence, one accessory to the farm residence and an office/manager residence in the mobile home. The applicant's request is substantially less animal units than the previous USR, with the Special Review Activity only occurring during the winter months. The applicant, however, is requesting three Accessory to the Farm residences (4 residences total) while converting a scale house to be a potential residence. The number of residences requested in this proposal is equivalent in impact to the required services (roads, septics, water, etc.) as a minor subdivision. 970143 USR-1135 Soukup Investments LLC Page 4 The Department of Planning Services recommends that this request be forwarded to the Board of County Commissioners with an unfavorable recommendation due to the following: 1. Incompatibility of the use with existing land uses. 2. Incompatibility of the use with future development of the area. 3. Health code and building code violations with structures converted to residences without appropriate permits. 4. Inadequate justification of 4-5 residences on a 20.5 acre site. 5. Numerous complaints from surrounding property owners. In addition, the Department of Planning Services recommends the following: 1. The mobile home be either reverted to an office and all residential appliances such as an oven, refrigerator, stove, etc., be removed or that the mobile home be removed permanently from the site. The mobile home shall not be used on any basis as a dwelling or as overnight or temporary housing for any person. 2. The feed shop that was converted into a residence either be converted to storage without any residential appliances such as an oven, refrigerator, stove, etc., or be removed permanently from the site. The feed shop may not be used on any basis as a dwelling or as overnight or temporary housing for any person. 3. All utility hookups in the scale house of any type including septic systems, as well as any kitchen accessories such as the oven, shall be removed. The scale house may not be used on any basis as a dwelling or as overnight or temporary housing for any person. 4. A non-conforming use may be established for any residential structure that existed prior to August 1972. The applicant shall submit evidence to the Department of Planning Services that the residences existed at the site prior the this date. 970443 USR-I 135 Soukup Investments LLC Page 5 ADDITIONAL INFORMATION History of the Site The original USR-735 was submitted in 1986 for a horse boarding facility. This request was approved by the Board of County Commissioners in May of 1986. The applicant at the time, Joy Jefferson, then submitted an application to amended the USR in June of 1990 to allow for a livestock confinement operation (1500 cattle) and a horse boarding/training facility (150 head). The Planning Commission recommended denial of the request to the Board of County Commissioners. At the Board of County Commissioners hearing, the request was approved with conditions that attempted to addresses the incompatibility of the use with any future development occurring around the site. These conditions included the following: • Condition of Approval #5 for AMUSR-735: 5. All cattle feeding operations shall cease within six months and that portion of this Use by Special Review allowing cattle feeding shall become void under the following conditions: a. If substantial development occurs on property located within 1,000 feet of the Use by Special area pursuant to building permits issued by the Town of Windsor and pursuant to an approved Development Master Plan and Utility Plan and approved final plat as required by the Town of Windsor annexation agreement or regulations; or b. If substantial development occurs on property located within 1,000 feet of the Use by Special area pursuant to building permits issued by Weld County and pursuant to a recorded final P.U.D. plan or final subdivision plat approved by the Weld County Board of County Commissioners. c. "Substantial development" shall mean issuance of a Certificate of Occupancy by the Town or County for a residential structure or for a commercial or industrial structure with greater than 5,000 square feet of floor area. This condition required that in 1992 when the final PUD plan for Valley View Ranch was approved with residential development beginning to the south of the site, AMUSR-735 should have, at that time, become void and the Special Review Activity cease to operate. Condition of Approval number 8 for AMUSR-735: 8. Notwithstanding the foregoing, the portion of the Use by Special Review authorizing cattle feeding shall become void on September 12, 1995. Applicant may reapply for a Use by Special Review according to the then 970443 USR-1135 Soukup Investments LLC Page 6 existing procedures for that use, without fee, on or before that date if applicant wishes to continue the cattle feeding operation. This condition required that the applicant apply for a new USR before Sept. 12, 1995 in order for the Special Review activity to continue. A new USR was not applied for at this time. The cattle feeding operation should have, at that time, become void and the activity cease to operate. Development Standard number 12 for AMUSR-735: 12. The Special Review permit shall not be transferable to any successors in interest to the described property and shall terminate automatically upon conveyance or lease of the property to other for operation of the facility. In October 1995, the property owner, Joy Jefferson, sold the property to the applicant, Brian Soukup. At this time, the Special Review permit should have been void and the activity cease to operate. In March 1996, the Department of Planning Services received the initial complaint that there were over 1,000 head of cattle at the site, with five residences. The complaint was referred to Julie Chester, Zoning Compliance Officer, who then proceeded to inspect the property and found that it was not in compliance. A five day letter was sent to the applicant requesting that he come discuss the problems with Ms. Chester. A second complaint was received. A violation hearing was scheduled for the Board df County Commissioners. In May 1996, AMUSR-735 was vacated by the Board of County Commissioners. On October 3, 1996, the applicant submitted a Use by Special Review application. The Department of Planning Services has concerns that there are health and building code violations with the site. The applicant has converted a feed shop into a residence without the appropriate permits. People are currently residing in this structure. The applicant has also converted a small scale house into a residence without proper permits. While this structure appears to be vacant at this time, there are several features such as an oven in the structure that indicate that it was previously inhabited or will be inhabited in the future. The property is also not in compliance with the number of household pets allowed. Under the Weld County Zoning Ordinance, seven household pets of one species is the maximum number allowed in an unplatted agricultural zone district. While on the site, staff noted over seven dogs at the residences, constituting a kennel. 970143 CONDITIONS OF APPROVAL Soukup Investments, LLC, USR-1135 1. The attached Development Standards for the Special Review Permit shall be adopted and placed on the Special Review Plat prior to recording the plat. The completed plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's Office within 15 days of approval by the Board of County Commissioners. 2. Prior to recording the plat: A. The applicant shall submit, for review and approval, a plan which describes how the facility intends to handle manure and wastewater. The plan shall be submitted to the Environmental Protection Division of the Weld County Health Department and the Department of Planning Services. At a minimum, the plan shall demonstrate: 1) How manure generated at the site will be managed. This should include the frequency at which pens are cleaned, manure storage locations, manure land application sites, etc. 2) How precipitation and flow-through water which has come into contact with manure is managed. This should include any control structures such as lagoons, ditches, terraces, etc. which will be in place to control manure contaminated runoff. 3) How the facility will prevent discharges off-site, with the exception of that which is allowed by the Confined Animal Feeding Operation Regulations (5 CCR 1002-19). Specifically, how the facility will prevent contaminated water discharges to the irrigation ditch which dissects the property. 4) Any other features which will be incorporated at the facility to manage manure and manure contaminated water. B. Any existing septic system(s) which is not currently permitted through the Weld County Health Department will require an I.S.D.S. Evaluation prior to the issuance of the required septic permit(s). In the event the system(s) is found to be inadequate, the system(s) must be brought into compliance with current I.S.D.S. regulations. C. A dust abatement plan shall be submitted to the Health Department for approval prior to any expansion of the operation. The facility shall have sufficient equipment available to implement the dust control as required by the Health Department. D. The facility shall be operated in a manner to control flies. A fly control plan shall be submitted to the W.C. Health Department and the Department of Planning Services 9'70 43 USR-1135 Soukup Investments, LLC Page 8 for review and approval. The plan shall be implemented at the request of the W.C. Health Department in the event that flies (which can be determined to be associated with the facility) are in such a number to be considered a nuisance condition. This plan shall be implemented in the event the W.C. Health Department receives a significant number of fly (associated with the facility) complaints and, in the judgement of the Health Officer, there exists a fly condition requiring abatement. E. All accesses shall be clearly delineated on the plat. F. All utility hookups in the scale house of any type including septic systems, as well as any kitchen accessories such as the oven, shall be removed. The scale house may not be used on any basis as a dwelling or as overnight or temporary housing for any person. 3. The access point to the silage pit from Weld County Road 74 shall be closed. No direct access will be allowed from the silage pit on to Weld County Road 74. The silage pit may be accessed from the scale house area through an internal road system. 4. The applicant shall submit to the Department of Planning Services an access easement agreement with the adjacent property owner to the east allowing the existing access to the site across the adjacent property owners land. This access shall be clearly delineated on the plat. Both the applicant and the party involved shall sign the plat. 5. The appropriate permits will be required for the conversion of the existing store to a single family residence. A floor plan showing the changes will be required to be submitted at the same time the application is made for a building permit. 6. Any residential development which qualifies as a "major subdivision" within the corporate limits of Windsor and is within one thousand (1,000) feet of any of the property lines of the subject property, the operation will be required to cease and desist on a permanent basis at the end of the six-month operating period in which the preliminary subdivision plat is filed. 7. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 8. All Accessory to the Farm residential structures shall be inhabited only for those time periods in which the Special Review Activity is occurring. Residents occupying these accessory structures shall be given two weeks after the Special Review Activity ceases to relocate from the property. 9'70443 USR-1 l35 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Soukup Investments, LLC, USR-1135 1. The Site Specific Development Plan and Special Use Permit is for a livestock confinement operation (400 cattle), boarding facility (12 horses) and three accessory to the farm residences along with the principle residence (4 residences total) in the A (Agricultural) zone district, as indicated in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance, as amended. 3. The applicant shall remove, handle, and stockpile manure from the livestock area in a manner that will prevent nuisance conditions. The manure piles shall not be allowed to exist or deteriorate to a condition that facilitates excessive odors, flies, insect pests, or pollutant runoff. 4. The facility shall operate in compliance with the Confined Animal Feeding Operations Control Regulations (5 CCR 1002-19) and Weld County Zoning Ordinance, Section 47. 5. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 6. The facility shall not discharge to surface or groundwater with exception to what is allowed by the Confined Animal Feeding Operations Control Regulations. 7. No permanent disposal of solid wastes, as defined in the Regulations Pertaining to Solid Waste Disposal Sites and Facilities (6 CCR 1007-2), shall be permitted at this site. 8. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 9. Fugitive dust shall be controlled on this site. 10. All Accessory to the Farm residential structures shall be inhabited only for those time periods in which the Special Review Activity is occurring. Residents occupying these accessory structures shall be given two weeks after the Special Review Activity ceases to relocate from the property. 11. The Special Review permit shall not be transferrable to any successors in interest to the described property and shall terminate automatically upon conveyance or lease of the property to others for operation of the facility. 970443 USR-1135 12. The site shall maintain compliance with the number of household pets constituting a kennel as stated in the definition of a kennel in the Weld County Zoning Ordinance, as amended. 13. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance, as amended. 14. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance, as amended. 15. Personnel from the Weld County Health Department and Weld County Department of Planning Services 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 hereon and all applicable Weld County regulations. 16. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Major 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 Planning Commission 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. 17. 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. 970143 Kit e;Nit 4 DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 FAX (970) 352-6312 WELD COUNTY ADMINISTRATIVETIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 C. COLORADO • October 9, 1996 Soukup Investments, LLC. 706 S. College Avenue Fort Collins, CO 80524 Subject: USR-1135 - Request for a Site Specific Development Plan and a Special Review Permit for a livestock confinement operation (400 cattle) and boarding facility (12 horses) on a parcel of land described as located in part of the SE4 of Section 32, T7N, R67W of the 6th P.M., Weld County, Colorado. Dear Applicant: Your application and related materials for the request described above are being processed. I have scheduled a meeting with the Weld County Planning Commission for December 3, 1996, at 1:30 p.m. This meeting will take place in the County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members may have. It is the 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 Towns of Severance and Windsor Planning Commission for their review and comments. It is recommended that you and/or a representative be in attendance at the Towns of Severance and Windsor Planning Commission meeting to answer any questions the Commission members may have with respect to your application. Please call Gene Rider, with the Town of Severance, at(970)686-1218, and Joe Plummer, with the Town of Windsor, at (970) 686-7476 for further details regarding the date, time, and place of this meeting. 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. 9r!C C13 Soukup Investments, LLC. USR-1135 Page 2 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. Respecff , �Jilw Kerri D. Keithley, Current Planner 970443 DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 C FAX (970) 352-6312 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO November 20, 1996 Jacqueline Johnson 822 7th Street, Suite 760 Greeley, Co. 80631 Subject: USR-1135, Soukup Investments, LLC located in part of the SE4 of Section 32, T7N, R67W of the 6th P.M., Weld County, Colorado. Dear Ms. Johnson: Enclosed are the surrounding property owner's letters and a referral from the Weld County Health Department that you requested. I have not yet received the W-2 forms for the occupants of the four residences on the property, which I requested on our meeting at the property on Wednesday, November 6, 1996. This information is vital in the evaluation and recommendation of this request. Please submit this information to the Department of Planning Services on or before November 25. If this information is not received by this date, the Department of Planning Services' staff may either not support this request or may ask for a continuance at the Planning Commission hearing on December 3, 1996. If you have any questions, please do not hesitate to contact me. Sincerel Kerri D. K ithley Current Planne enclosure 970443 NOV-26-96 11 :03 FROM:WOBB ID=97025231G5 PAGE 1/f WITWER,OLDENBIJRG,BARRY & BEDINGFIELD, LLP • Attorneys at Law Of Counsel Stow L.Witwer,Jr. 822 7th Street,Suite 760 Marilyn J.David R.Sam Oldenburg Greeley,CO 80631 Jelin J.Bury Telephone 970-352-3161 Jacqueline Jobm on Jeffrey T.Bedingfeld Facsimile 970-352-3165 Curtis R-Sears FAX Transmission Sheet Date: November 26, 1996VgaCi 1C s r° To: Kerri Keithly 352-6312 From: Jackie Johnson • Subject: Soukup You should receive 6 page(s)including this cover sheet. If you do not receive all pages,please call and ask for Nancy_ COMMENTS: Per my voice mail message yesterday, we are working on more complete documentation of employment for each current resident I will forward as soon as it is available. Thank you for your patience- • CONFIDENTIALITY NOTICE This facsimile transmission may contain confidential information which is protected by the atto y/client privilege. The information is intended only fbr the toe of the individual or airily named above. If you are not the intended recipient,you are hereby noo&ed that any dscloewo,copying, distnbutien or the taking of any action in reliance on the contents of this iufcnna0.uo is strictly prohibited. If you have received this transmission in error,please immediately notify w by telephone to aeaoge for return of the demonism. 970 443 11/26/96 11: 11 TX/RX NO.5625 P.001 NOV-26-96 11 :04 FROM=VOBB ID=97035231GS PAGE 2/b P.O1 Mov- L'_.- fib U3 AL JV __ - - 4 AFFIDAVIT 1� STATE OF COLORADO ) ) ss. ss i- z3-3 VI COUNTY OF WELD ) X R a hrc es- Lea /6'lare c44dL being fiat dolt'swum,upon my oath ante as£ottows; a Ea C wa*-Fur de) 1_ 1 made at /VT C luck -74! Weld Count', Cotatado_ 2_ I am employed by t3rKa(t Sou u lc, tPa-1-52 fond? 3_ I an wastcam¢ily employed flat coeval in the confinement opera oet- The awakes I perforea W say employment ate Cate and Pa-ltfe- - 4_ Ian paid S C so lhr fox the ser vi es I ✓parfaits in my employeteat. 5_ In 1995, I was paid S 8sb.°' _ 6. This paymralt was made in the form of Chet iLLS - 7. I have attached hereto copies of chides Car adser endear)which wine paid so We for services performed m my attploymen A 1G- 5t If lfa 1+ " my papas $, trly emploYmntl by t 1'3rcan-S ..r tiucM - r 1.s / r4`5 SKI* smote of iecomr< Further Adam sayedt not Dated this-2C day of Player ) Lur i996_ Xf jeLt �Lce.7iz-t74W7 {Type MR* of Armin) 5ubsaded and !wont to before me this 23 day of l lour 1�Cal , 1996, by TZ ) eec#t l D t war—'t"rs+Dp ' � f r co. NOV ., 970443 11/26/96 11: 11 TX/RX NO.5625 P.002 ID•97035231GS PAGE 3/6 NOV-20-96 11 =04 FROM.W009 P_O1 Mov-za-06 117=49A. ticht oyerainiatt.t BUFFALO PASS RANCH us-so 1869 BRIAN T SOUKUP 1013 HARBOR WALK COURT (970)226-6176 h 234nm FORT COLLINS.CO 60525 _ cam �9910— r\5feid I t A �� , $jot 75 Dollars f7s. Pa saws,•seam non somas pA MOw=BMKS rM�F:00 neFjM1bN7 AnthrCYiti..Gana� Mario IQ 20000761: 4 231:16Q3 2066■ La ?OOOO003575, • 1870 BUFFALO PASS RANCH to-so 1013 HARBOR WALK COURT (970)2264170 6)04 . 24 r9 i/ aanion6E �FORT COLUMS.CO 60 /f_y� dizont arm. SIM aoslreraw�s cac-. - — LQ 20000 7 6: 1 2 3060 3 algal, L8 ?0 /000000 711 7 5 97/0M3 11/26/96 11: 11 TX/RX NO.5625 P.003 NOV-26-9G 11 .04 PROM=WORE! I =9703523165 PAGE 4/6 NOV*V*—2 a-90 10:49A P_02 1867 BUFFALO PASS RANCH ioaa USN T SOUKUP SWUM 1013 HARBOR WALK COURT (9 701 226-6178 . nn-I o2oZ . ye-9_ FORT COLLINS.CO U05ZS Pair t The Akan Sol t OMOS =OVRS I ri Jai inP-Panes*Pasta RL ,: LCt20000761: 42306032OE$ i867 0'00000 NI Lane Odinct 1873 BUFFALO PASS RANCH woo BRUIN T SOUKUP �y S7nm lam HARBOR WALK COURT (970)226-6176 /�/fi -_19 .._ FORT COLLINS.CO BPS25 J (J Pay to Med �Fo�JD� �Q �{ �/ ( $ /07.44 orter mar rea rs 9VMfS �XM�F e.ffM'PrtM.. r( Ct.* Cfr --&O 20000 ? E: 4 230603206r 1873 "Doom] i S ? ea 970443 11/26/96 11: 11 TX/RX NO.5625 P.004 NOV-26-96 ] 1 : 04 FROM:WOBB ID;S7 3523165 PAGE SYS Kov-Z`i-96 1n r San ... ._ . p..O1 c.. u ��������� AFFIDAVIT STATE OF COLO ADO ) 3 ra COLINIT OF WELD 5c.crtr•/ ^' -' `epti .bang ant doily noon;113011 my oath state as follows: 1_ I inside at !off( Weld County, Colorado. 2_ I am employed by �i1 iav� StatAMP _ 3. I na atstomanly dyed at and canal in the confinement operation. The services I palv[m in my employment at Ise,.[LwaHl.J w.of4.s,.1i a—OWAS� k. .(t'H 4. I am paid S 7#/h r for the saviors I path in my altIth ymmc. 5_ In 1995,I was paid s 6. This payment was made in the fait of C.L1ack - 7. I have atenit d hereto copier of chat(or other t%'itp dc)which were paid b ma for services pefotmed in my a tdoymeat 8. My employment by groine, Sou- p is my peineipal a tt of income. Further AfFant Earth not Dined this__day of I996_ awe name of 9obsaxthed sad sworn m before me this day of 1996, by Notary Pnblit My commission expire& - - 970443 11/26/96 11:11 TX/RX NO.5625 P.005 NOV-29-SO II OS FROM WOOD ID=97035231GS PAGE S S Nov-25-96 1O: 54A Y_O2 STATE OF COLORADO ) ) ss_ COUNTY OF WELD / �� being at ddy swarm, upon my oath state as follows: 1. I snide at 7% r 1J4A 711 weld Canty, Colorado_ 2. I am employed by f5r,..r7 fie`, 3. I an ataomarily employed at geld engaged in 4* /c ufinemmt opaance. The swim I pafetm in my employment ate f .•.n r 4. I am paid S 'r_ 4 e7 in- for the services I perform in my deployment. 5. In 1995,I was pad S D 6. This payment was made in the teem of 7_ I have attached haeao copies of chocks(ear other ate)which were paid to me for services performed in my employment S. b'Iy aaploylmtnt by .k ..1r.ee is my principal solace of inane. / �.5e Further Adam saytt not J/ Dared this .� f5 day of .t 4 S'em hate-- , I996. (71 name olil8 ) Subscribed and sweet to before me this day of I996, by Notary Public My aoron anus: 970443 11/26/96 11: 11 TX/RX NO.5625 P.006 ■ Field Check inspection date: October 28, 1996 Case Number USR- 1 135 Applicant Soukup Investments, LLC. Request Livestock Confinement Operation (400 cattle) & boarding facility (I 2 horses) Legal Description Pt. SE4 of Section 32, T7N, R67W of the 6th P.M. Parcel Number 0705 32 000037 Location West pf Hwy 257, north of& adj. to WCR 74; adj. to the Town of Windsor c r it ,ri_ i i i i. wy9p i ir. v u ti x i ,d ..��'i t . _k{ � :i n i k ti �h v � 5'�p 4 Iv ;j! � Zk N City of Windsor- PUD N Agricultural production (Industrial &Commercial) E City of Windsor- PUD E agricultural production, State Highway 257 (Industrial & Commercial) S PUD-RI, C I, and C2 S WCR 74, residential, Valley View Ranch Subdivision W City of Windsor- PUD W Agricultural production and residential (Industrial & Commercial) Unsafe Conditions: There are no apparent unsafe conditions on the site. There are 4 accesses to the site off of WCR 74, an arterial road. Comments: Access to the site is from WCR 74, a paved county arterial road. The property is as shown on the plat. There are cattle existing on the site. There are four residences being lived in with a possible fifth residence. The scale house which is indicated as not being a residence has a stove and other features which make it apparent that it was or will be lived in. There are many vehicles on site, however no one is at home at any of the residences. There are eight dogs which I counted on site. There is one sem i truck (a Total semi) parked on the site. This use does not appear to bj ompatible . j the area. Kerri D. Kei ley+ Cura -anner 970443 Hello