HomeMy WebLinkAbout20131760.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Jordan Jemiola, that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR13-0012
APPLICANT: PRADO VIEW INVESTMENTS COMPANY LP
PLANNER: MICHELLE MARTIN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR
AGRICULTURAL SERVICE ESTABLISHMENTS PRIMARILY ENGAGED IN PERFORMING
AGRICULTURAL, ANIMAL HUSBANDRY OR HORTICULTURAL SERVICES ON A FEE OR
CONTRACT BASIS, INCLUDING A LIVESTOCK CONFINEMENT OPERATION (7,500
HEAD DAIRY) IN THE A (AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: LOT B REC EXEMPT RE -3724, BEING PART OF THE NW4 SECTION 12, T4N, R66W AND
PART OF THE S2 SECTION 1, T4N, R66W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATION: EAST OF AND ADJACENT TO CR 35 AND NORTH OF CR 46.
be recommended favorably to the Board of County Commissioners 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 Planning Commission 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 22-2-20 A. Goal 1. states "Respect and encourage the continuation of agricultural land
uses and agricultural operations for purposes which enhance the economic health and
sustainability of agriculture."
Section 22-2-20 A. Goal 2. states: "Continue the commitment to viable agriculture in Weld County
through mitigated protection of established (and potentially expanding) agricultural uses from
other proposed new uses that would hinder the operations of the agricultural enterprises."
The applicant is proposing a 7,500 head dairy on a property that was previously used as a
feedlot. There is not an existing Use by Special Review Permit (USR) on the site but a
Nonconforming Use (NCU-368) substantiated the previous feedlot. The applicant is proposing to
reconfigure the existing livestock pens and erect a dairy parlor, hospital barn, commodity barn,
shop, hay barns, cross vent barns, and waste water storage ponds. The Department of Planning
Services is requiring a Lighting Plan be submitted to address the impacts from this dairy facility on
neighboring properties and rights -of -way.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the Agricultural (A) Zone
District. Section 23-3-40.6.16 of the Weld County Code allows for, A Site Specific Development
Plan and Use by Special Review Permit for Agricultural Service establishments primarily engaged
in performing agricultural, animal husbandry or horticultural services on a fee or contract basis,
including a livestock confinement operation (7,500 head dairy) in the A (Agricultural) Zone District.
The zoning compliance officer noted in her referral dated 3/18/13 that, "Upon review of my case
files and computer, an active Zoning Violation (ZCV12-00213) was noted. This violation was
initiated due to the expansion of a Nonconforming Use (by the relocation of manure, concrete,
wood and other waste to an adjacent lot) without first completing the necessary Weld County
Zoning Permits. This case has not been presented to the Weld County Court Magistrate through
EXHIBIT
ADO -47400
RESOLUTION USR13-0012
PRADO VIEW INVESTMENTS COMPANY LP
PAGE 2
the Violation Hearing process. Since this application was submitted prior to an actual court date
being scheduled, no investigation fee is required. This application if approved by the Board of
County Commissioners and once a plat is recorded will correct the violation. If this application is
denied, all commercial operations and storage of commercial vehicles, materials and/or
equipment shall be removed from the property within 30 (thirty) days of denial or the violation will
proceed in court accordingly."
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The facility is located in an agricultural area on a parcel containing many outbuildings and
livestock pens. Surrounding properties to the north, south and west are utilized for
agricultural and residential purposes. Adjacent property to the east has a Use by Special
Review (USR-1053) for a seed production business. The Weld County Department of
Planning Services has not received any letters from surrounding property owners. As a
condition of approval the applicant is required to submit a Lighting Plan to help mitigate
potential concerns and address the comments/ concerns from the Town of LaSalle. The
Development Standards will also ensure that this use will be compatible with surrounding
land uses.
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 site is located within the 3 -mile referral areas for the City of Evans and the Town of
LaSalle. The property in question is also located within the Intergovernmental Agreement
Area (IGA) with the Town of LaSalle. The Town of LaSalle stated on the Notice of Inquiry
form dated 12/11/12 that, "The Town Board has chosen to have the applicant proceed with
the development through Weld County following their regulations, but to continue to keep the
Town involved thoughtout the process. Concerns emphasized were impact related issues
involving odor, traffic, dust control, and future annexations when feasible and in the event of
closure of the dairy." The Town of LaSalle in their referral dated May 6, 2013 echoed their
previous concerns stated in the notice of inquiry form and also suggested precautions be
made to avoid any possible contamination to local ground water., The Weld County
Department of Planning Services has not received a referral response from the City of Evans.
As a condition of approval the applicant will need to attempt to address the concerns of the
Town of La Salle.
E. Section 23-2-220.A.5 -- The application complies with Article V of the Weld County Code.
The existing site is within the County Road Impact Fee Area and the Capital Expansion
Impact Fee and Drainage Impact Fee areas.
Building Permits issued on the proposed lots will be required to adhere to the fee structure of
the Weld County Road Impact Program. (Ordinance 2011-2)
Building Permits issued on the proposed lots, will be required to adhere to the fee structure of
the County Facility Fee and Drainage Impact Fee. (Ordinance 2011-2)
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.
RESOLUTION USR13-0012
PRADO VIEW INVESTMENTS COMPANY LP
PAGE 3
The majority of proposed facility is located on soils designated as "Prime (Irrigated)
Farmlands of National Importance" per the 1979 Soil Conservation Service Important
Farmlands of Weld County Map. The property was previously utilized as a feedlot therefore
the proposed dairy USR does not take any additional farmland out of production.
G. Section 23-2-220.A.7 -- There is adequate provisions for the protection of health, safety, and
welfare of the inhabitants of the neighborhood and County.
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 can
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 Planning Commission recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
A. The applicant shall attempt to address the requirements of the Town of LaSalle as stated in their
referral received May 6, 2013. Written evidence of such shall be provided to the Department of
Planning Services. (Town of La Salle)
B. The applicant shall enter into an Improvements Agreement and Road Maintenance Agreement
according to policy regarding collateral for improvements and post adequate collateral for all
transportation (access drive, parking areas, et cetera) and non -transportation (fencing, screening,
drainage et cetera). The agreement and form of collateral shall be reviewed by County Staff and
accepted by the Board of County Commissioners prior to recording the USR plat. The applicant
may submit evidence that all the work has been completed and reviewed by the Department of
Planning Services and the Department of Public Work. (Department of Planning Services)
C. The applicant shall submit an access permit application form showing the existing access
points that will be used for the USR activities. (Department of Public Works)
D. The applicant shall either submit a copy of an agreement with the property's mineral
owner/operators stipulating that the oil and gas activities have been adequately incorporated into
the design of the site or show evidence that an adequate attempt has been made to mitigate the
concerns of the mineral owner/operators. Drill envelopes can be delineated on the plat in
accordance with the State requirements as an attempt to mitigate concerns. The plat shall be
amended to include any possible future drilling sites. (Department of Planning Services)
E. If a sign is proposed, the applicant shall submit a detailed signage plan to the Department of
Planning Services, including location and size. Signs shall be in compliance with Chapter 23,
Article IV, Division II and Appendices 23-C, 23-D and 23-E of the Weld County Code.
(Department of Planning Services)
F. The applicant shall submit a Lighting Plan to the Department of Planning Services for review and
approval. (Department of Planning Services)
G. The applicant shall address the requirements of the Farmers Independent Ditch as stated in their
referral received April 11, 2013. Written evidence of such shall be provided to the Department of
Planning Services. (Farmers Independent Ditch)
H. The applicant shall address the requirements of the Union Ditch Company as stated in their
referral received April 15, 2013. Written evidence of such shall be provided to the Department of
Planning Services. (Union Ditch Company)
RESOLUTION USR13-0012
PRADO VIEW INVESTMENTS COMPANY LP
PAGE 4
The applicant shall address the requirements of the Colorado Department of Transportation as
stated in their email dated April 8, 2013. Written evidence of such shall be provided to the
Department of Planning Services. (Colorado Department of Transportation)
J. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR13-0012. (Department of Planning Services)
2) The plat shall be prepared per Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
3) The attached Development Standards. (Department of Planning Services)
4) Show the approved access points on the plat and label them with the Access Permit
number (will be provided). (Department of Public Works)
5) Access improvements are required and shall include 60 foot radiuses to accommodate
turning trucks and double cattle guards across the main access to prevent the tracking of
mud onto the gravel roadway. (Department of Public Works)
6) County Road 35 is designated on the Weld County Road Classification Plan as an
arterial road, which requires 140 feet of right-of-way at full build out. There is presently 60
feet of right-of-way. An additional 40 feet shall be delineated on the plat as future County
Road 35 right-of-way. All setbacks shall be measured from the edge of future right-of-
way. The applicant shall verify the existing right-of-way and the documents creating the
right-of-way and this information shall be noted on the plat. If the right-of-way cannot be
verified, it shall be dedicated. This road is maintained by Weld County. (Department of
Public Works)
7) County Road 48 is designated on the Weld County Road Classification Plan as a local
gravel road, which requires 60 feet of right-of-way at full build out. The applicant shall
verify the existing right-of-way and the documents creating the right-of-way and this
information shall be noted on the plat. All setbacks shall be measured from the edge of
future right-of-way. If the right-of-way cannot be verified, it shall be dedicated. This road
is maintained by Weld County. (Department of Public Works)
8) The approved location of the proposed lighting and signs. (Department of Planning
Services)
9) The applicant shall delineate the trash collection areas. Section 23-3-350.H of the Weld
County Code addresses the issue of trash collection areas. Areas used for storage or
trash collection shall be screened from adjacent public rights -of -way and adjacent
properties. These areas shall be designed and used in a manner that will prevent wind
or animal scattered trash. (Department of Planning Services)
10) The oil and gas location and setback radiuses for existing wellheads and tank batteries
on the site shall be indicated in accordance with Section 23-3-50.E of the Weld County
Code. (Department of Planning Services)
11) The map shall be amended to include the whole area used for composting.
2. Prior to Construction:
A. In the event that 1 or more acres are disturbed during the construction and development of this
site, the applicant shall obtain a stormwater discharge permit from the Water Quality Control
Division of the Colorado Department of Public Health and Environment. (Department of Public
Works)
RESOLUTION USR13-0012
PRADO VIEW INVESTMENTS COMPANY LP
PAGE 5
B. If more than 1 acre is to be disturbed, a grading permit will be required prior to the start of
construction. The grading permit application must contain: an erosion and sediment control plan,
a grading plan, installation details of all BMPs to be utilized, typical installation and maintenance
notes for all BMPs to be utilized, and a copy of the approved CDPHE stormwater permit.
(Department of Public Works)
3. The applicant shall submit one (1) electronic or three (3) paper copies of the plat for preliminary approval
to the Weld County Department of Planning Services. (Department of Planning Services)
4. Upon completion of 1. above the applicant shall submit a Mylar plat along with all other documentation
required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk
and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with
the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional
requirements shall be submitted within one hundred twenty (120) days from the date of the Board of
County Commissioners resolution. The applicant shall be responsible for paying the recording fee.
(Department of Planning Services)
5. The Department of Planning Services respectively requests the surveyor provide a digital copy of this Use
by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS
formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The
preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to
maps(a.co.weld.co.us (Department of Planning Services)
Motion seconded by Benjamin Hansford.
VOTE:
For Passage
Robert Grand
Benjamin Hansford
Mark Lawley
Nick Berryman
Joyce Smock
Jordan Jemiola
Bret Elliott
Against Passage
Absent
Bill Hall
Jason Maxey
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on June 18, 2013.
Dated the 18th of June, 2013.
Digitally signed by Kristine
Ranslem
Date: 2013.06.20 11:53:31 -06'00'
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Prado View Investment Company LP
USR13-0012
1. A Site Specific Development Plan and Use by Special Review Permit for Agricultural Service
establishments primarily engaged in performing agricultural, animal husbandry or horticultural
services on a fee or contract basis, including a livestock confinement operation (7,500 head dairy)
in the A (Agricultural) Zone District. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. The facility will operate 24 hours per day. (Department of Planning Services)
4. The total number of on -site employees shall be limited to thirty five (35). (Department of Planning
Services)
5. The facility shall operate in compliance with Colorado Water Quality Control Commission
Regulation 81 (5 CCR 1002-81) and 61 (5 CCR 1002-61). (Department of Public Health &
Environment)
6. There shall be no discharge of manure or wastewater to surface waters, unless allowed by
Regulation 81 or by Confined Animal Feeding Operation (CAFO) Colorado Discharge Permit
issued in accordance with Regulation 61. (Department of Public Health & Environment)
7. The facility shall register as a Confined Animal Feeding Operation (CAFO) with the Colorado
Department of Public Health & Environment upon reaching the registration threshold.
(Department of Public Health & Environment)
8. Prior to wastewater entering new or expanded impoundment, the facility shall demonstrate
compliance with the setback to water wells, separation from seasonal high groundwater, and that
the impoundment's liner9s) meet the seepage rate standards required by Colorado Water Quality
Control Commission Regulation Number 81. (Department of Public Health & Environment)
9. Land applications of manure and wastewater shall be made at agronomic rates using practices
and procedures, which are protective of ground and surface waters. Land applications shall be in
accordance with the facilities Manure and Wastewater management Plan, Facility management
Plan, or Nutrient management Plan. There shall be no discharge from land application area
except for agricultural stormwater. (Department of Public Health & Environment)
10. The facility shall control fugitive dust on this site and operate in accordance with their current
approved Management Plan for Nuisance Control. (Department of Public Health & Environment)
11. The facility shall be operated in a manner to control pests. The facility shall be operated in
accordance, at all times, with their current approved Management Plan for Nuisance Control.
Additional control measures shall be implemented at the request of the Weld County Department
of Public Health & Environment in the event that rodents (which can be determined to be
associated with the facility) are in such a number to be considered a nuisance condition.
(Department of Public Health & Environment)
12. The facility shall be operated in a manner to control flies. The facility shall be operated in
accordance, at all times, with their current approved Management Plan for Nuisance Control.
Additional fly control measures shall be implemented at the request of the Weld County
Department of Public Health & Environment in the event that flies (which can be determined to be
associated with the facility) are in such a number to be considered a nuisance condition.
Additional controls shall also be implemented in the event the Weld County Department of Public
Health and Environment receives a significant number of fly (associated with facility) complaints,
and in the judgment of the Weld County Health Officer, there exists a fly condition requiring
abatement. (Department of Public Health & Environment)
RESOLUTION USR13-0012
PRADO VIEW INVESTMENTS COMPANY LP
PAGE 7
13. The facility shall be operated in a manner to control odors and in accordance with their approved
nuisance control plan. Odors detected off site shall not equal or exceed the level of fifteen -to -one
dilution threshold, as measured using methods set forth in Regulation 2 of the Colorado Air
Pollution Control Regulations. Additional controls shall be implemented at the request of the
Weld County Department of Public Health and Environment in the event odor levels detected off
site of the facility meet or exceed the level of fifteen -to -one dilution threshold, or in the judgment
of the Weld County Health Officer, there exists an odor condition requiring abatement.
(Department of Public Health & Environment)
14. The applicant shall remove, handle, and stockpile manure from the livestock area in a manner
that will prevent nuisance conditions. The manure piles shall not be allowed to exist or
deteriorate to a condition that facilitates excessive odors, flies, insect pests, or pollutant runoff.
The surface beneath the manure storage areas shall be of materials which are protective of State
waters. These areas shall be constructed to minimize seepage or percolation of manure
contaminated water. In no event shall the facility impact or degrade waters of the State in
violation of Regulation 81. (Department of Public Health & Environment)
15. Any Individual Sewage Disposal System (I.S.D.S.) on the property shall be permitted, installed,
maintained and operated in compliance with all provisions of the Weld County Code, pertaining to
I.S.D.S. (Department of Public Health & Environment)
16. The facility shall operate in compliance with applicable Colorado Air Quality Control Commission
Regulations. There shall be no open burning except "agricultural open burning" as defined by
Colorado Air Quality Control Commission's Regulation 9. (Department of Public Health &
Environment)
17. There shall be no permanent disposal of solid wastes, as defined in the Regulations Pertaining to
Solid Waste Disposal Sites and Facilities (6 CCR 1007-2), at this site. 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 & Environment)
18. Waste materials, not specifically addressed by other development standards, shall be handled,
stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential
nuisance conditions. (Department of Public Health & Environment)
19. The facility shall provide adequate drinking water, hand washing, and toilet facilities. (Department
of Public Health & Environment)
20. If applicable, the applicant shall obtain stormwater discharge permit coverage for construction
activities from the Colorado Dept. of Public Health & Environment, Water Quality Control Division.
(Department of Public Health & Environment)
21. The applicant shall apply for and obtain a commercial Individual Sewage Disposal System
(I.S.D.S.) permit for disposal of sanitary wastes from the milk parlor, and from restroom facilities
for employees and patrons of the facility. Any existing systems must be evaluated and permitted
in accordance with the Weld County Department of Public Health and Environment policy and all
applicable provisions of the Weld County Code pertaining to I.S.D.S. (Department of Public
Health & Environment)
22. Composting operations shall comply with Section 14 of the Regulations Pertaining to Solid Waste
Sites and Facilities (6 CCR 1007-2, Part 1). (Department of Public Health & Environment)
23. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the
property or become established as a result of the proposed development, the applicant/landowner
shall be responsible for controlling the noxious weeds. All vegetation, other than grasses, needs
to be maintained at a maximum height of 12 inches until the area is completely developed.
(Department of Public Works)
RESOLUTION USR13-0012
PRADO VIEW INVESTMENTS COMPANY LP
PAGE 8
24. The historical flow patterns and run-off amounts will be maintained on site in such a manner that it
will reasonably preserve the natural character of the area and prevent property damage of the
type generally attributed to run-off rate and velocity increases, diversions, concentration and/or
unplanned ponding of storm run-off. (Department of Public Works)
25. Weld County is not responsible for the maintenance of onsite drainage related features.
(Department of Public Works)
26. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties
where such would cause a nuisance or interfere with the use on the adjacent properties; and
Neither direct nor reflected light from any light source may create a traffic hazard to operators of
motor vehicles on public or private streets and no colored lights may be used which may be
confused with or construed as traffic control devices. (Department of Planning Services)
27. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the
Weld County Road Impact Program. (Ordinance 2011-2) (Department of Planning Services)
28. Building Permits issued on the proposed lots, will be required to adhere to the fee structure of the
County Facility Fee and Drainage Impact Fee. (Ordinance 2011-2) (Department of Planning
Services)
29. 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)
30. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code. (Department of Planning Services)
31. The property owner or operator shall be responsible for complying with the Operation Standards
of Section 23-2-250, Weld County Code. (Department of Planning Services)
32. Necessary personnel from the Weld County Departments of Planning Services, Public Works,
and Public Health and Environment 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 Conditions of
Approval and Development Standards stated herein and all applicable Weld County regulations.
(Department of Planning Services)
33. 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. (Department of Planning Services)
34. 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. (Department of
Planning Services)
35. Buildings and structures shall conform to the requirements of the various codes adopted at the
time of permit application. Currently the following has been adopted by Weld County: 2012
International Building Code; 2012 International Mechanical Code; 2012 International Plumbing
Code:; 2012 International Fuel Gas Code; 2006 International Energy Code; 2011 National
Electrical Code; 2009 ANSI 117.1 Accessibility Code and Chapter 29 of the Weld County Code.
(Building Department)
RESOLUTION USR13-0012
PRADO VIEW INVESTMENTS COMPANY LP
PAGE 9
36. Prior to the release of building permit, the applicant shall submit evidence of approval from the
LaSalle Fire Protection District to the Weld County Building Department. (Building Department)
37. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural
counties in the United States, typically ranking in the top ten counties in the country in total market
value of agricultural products sold. The rural areas of Weld County may be open and spacious,
but they are intensively used for agriculture. Persons moving into a rural area must recognize
and accept there are drawbacks, including conflicts with long-standing agricultural practices and a
lower level of services than in town. Along with the drawbacks come the incentives which attract
urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise
and congestion, and the rural atmosphere and way of life. Without neighboring farms, those
features which attract urban dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural
activities will generate off -site impacts, including noise from tractors and equipment; slow -moving
farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor
from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes;
hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of
pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice
for agricultural producers to utilize an accumulation of agricultural machinery and supplies to
assist in their agricultural operations. A concentration of miscellaneous agricultural materials
often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-
102, C.R.S., provides that an agricultural operation shall not be found to be a public or private
nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that
are commonly or reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential
development. When moving to the County, property owners and residents must realize they
cannot take water from irrigation ditches, lakes, or other structures, unless they have an
adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size
(twice the size of the State of Delaware) with more than three thousand seven hundred (3,700)
miles of state and county roads outside of municipalities. The sheer magnitude of the area to be
served stretches available resources. Law enforcement is based on responses to complaints
more than on patrols of the County, and the distances which must be traveled may delay all
emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually
provided by volunteers who must leave their jobs and families to respond to emergencies.
County gravel roads, no matter how often they are bladed, will not provide the same kind of
surface expected from a paved road. Snow removal priorities mean that roads from subdivisions
to arterials may not be cleared for several days after a major snowstorm. Services in rural areas,
in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be
more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting.
Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps
and center pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and
livestock, and open burning present real threats. Controlling children's activities is important, not
only for their safety, but also for the protection of the farmer's livelihood.
0� nvnuie cOs/i3
Motion: Delete Condition of Approval 1.D, Moved by Nick Berryman, Seconded by Benjamin Hansford.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Benjamin Hansford, Bret Elliott, Jordan Jemiola, Joyce Smock, Mark Lawley, Nick Berryman, Robert
Grand.
Mike Soloman, Whiting Petroleum, stated that they are gathering gas from the surrounding area. It will be
gathered at a low pressure and distributed via pipeline north to Trailblazer pipeline. All the liquids will be
trucked to some of the other local fractionators in the area. Mr. Soloman stated that new equipment will
be placed in the lay down yard including pipe, lact units, heater treaters, etcetera.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
The Chair asked the applicant if he has read through the amended Development Standards and
Conditions of Approval and if he is in agreement with those. The applicant replied that they are in
agreement.
Motion: Forward Case USR13-0016 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Benjamin Hansford, Seconded by Jordan Jemiola.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Benjamin Hansford, Bret Elliott, Jordan Jemiola, Joyce Smock, Mark Lawley, Nick Berryman, Robert
Grand.
CASE NUMBER: USR13-0012
APPLICANT: PRADO VIEW INVESTMENTS COMPANY LP
PLANNER: MICHELLE MARTIN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR AGRICULTURAL SERVICE ESTABLISHMENTS PRIMARILY
ENGAGED IN PERFORMING AGRICULTURAL, ANIMAL HUSBANDRY OR
HORTICULTURAL SERVICES ON A FEE OR CONTRACT BASIS, INCLUDING
A LIVESTOCK CONFINEMENT OPERATION (7,500 HEAD DAIRY) IN THE A
(AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: LOT B REC EXEMPT RE -3724, BEING PART OF THE NW4 SECTION 12,
T4N, R66W AND PART OF THE S2 SECTION 1, T4N, R66W OF THE 6TH
P.M., WELD COUNTY, COLORADO.
LOCATION: EAST OF AND ADJACENT TO CR 35 AND NORTH OF CR 46.
Michelle Martin, Planning Services, presented Case USR13-0012, reading the recommendation and
comments into the record. The Department of Planning Services recommends approval of this
application with the attached conditions of approval and development standards.
Commissioner Lawley asked if Condition of Approval 1.A should state that the applicant shall attempt to
address the Town of LaSalle's requirements. Ms. Martin stated that it should be amended to read that
they "shall attempt to". Motion: Amend Condition of Approval 1.A as stated, Moved by Mark Lawley,
Seconded by Nick Berryman.
Motion passed unanimously.
Heidi Hansen, Public Works, reported on the existing traffic, access and drainage conditions and the
requirements on site.
Troy Swain, Environmental Health, reviewed the regulations for surface and groundwater protection,
nuisance control, sanitary sewer requirements, and the confined animal feeding operation requirements.
He stated that this facility will need to acquire additional property to do land application and dewatering of
the impoundments. The phasing of the facility appears that on the third year of their development they
will be in a situation where they will need to acquire more property to apply wastewater.
Commissioner Grand wished to clarify if there is enough capacity to accept all of the wastewater. Mr.
Swain said that if all 7,500 head were to be on site there is not enough infrastructure to handle it all;
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however after discussions with the applicant on how the facility will be phased in he determined that after
at the 3r° year they will need to acquire additional property to comply with these requirements. Mr. Swain
added that he is confident that the existing language in the staff report will ensure that the applicant will
need to comply with the requirements.
Glen Czaplewski, AGPROfessionals, LLC 4350 State Highway 66, Longmont, Colorado stated that the
applicants are proposing a 7,500 head dairy. The site was previously permitted under NCU-368 for a
20,000 head feedlot for 40 plus years. The north lot will be the primary site for the dairy and the south lot
will consist of the compost area. Mr. Czaplewski stated that there will be cross vent barns new to this
facility to keep the milking cows in a climate controlled environment indoors. In addition, this will control
nuisances and other vectors. With the historic use of the site and surrounding dairy and agricultural uses
they believe that it is compatible with the surrounding community.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Christine Chaulk Grace, Syngenta Seeds, provided a letter to the Planning Commission members.
Syngenta Seeds is a research facility located east of and adjacent to the site. She added that Syngenta
has owned this research facility since 1993. She stated that at their facility they focus on drought
activities.
Ms. Grace stated that it is critical that the quality of the irrigation water at their facility be maintained and
that there is not any surface runoff or threat from potential contamination of their research plots from the
neighboring land uses. She added that their facility was impacted when the runoff from the existing
manure compost located on the southern lot deposited onto their research plots. She stated that after
talking to the applicant they did put an earthen berm up to divert the runoff so that it would not go onto the
research plots.
In addition, Ms. Grace cited concerns of odors, pests and flies, dust and noise from the increased traffic
and damage to the road.
Commissioner Jemiola asked if manure was located on the subject property since they were there from
1993. Ms. Grace said that there was no manure but that the site was used in common farming
operations. She added that the existing manure on site is residual from the existing lots from the northern
parcel.
Mr. Czaplewski stated that a 7,500 head dairy will not have the same output as a 20,000 head feedlot.
He added that they have submitted a Remediation Plan to the Health Department and will have the
manure on site removed by November 28, 2013 or they will put it under some sort of runoff containment.
Mr. Czaplewski stated that over the summer they do have some temporary measures in place to help
control those runoff issues.
Tim Naylor, AGPROfessionals, said that they windrow the compost manure to control the vectors and
reduce the mass of the manure. He added that composting is a common practice for controlling odor,
flies and runoff.
Ms. Grace inquired if the southern parcel was going back into farming because she understands that the
water rights were sold from that site. Mr. Naylor said that the applicant will need to acquire water for that
property.
The Chair asked the applicant if they have read through the amended Development Standards and
Conditions of Approval and if they are in agreement with those. The applicant replied that they are in
agreement.
Motion: Forward Case USR13-0012 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Jordan Jemiola, Seconded by Benjamin Hansford.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Benjamin Hansford, Bret Elliott, Jordan Jemiola, Joyce Smock, Mark Lawley, Nick Berryman, Robert
Grand.
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Commissioner Berryman recommended that the applicant and Ms. Grace meet to go over the details of
the plan.
Commissioner Jemiola stated that he believes this is a higher use of the property and is consistent with
the Weld County Comprehensive Plan and the Weld County Code.
Commissioner Grand agreed that this is a higher use of the property. He added that he recognizes the
need for speeding up projects but that it does not justify breaking regulatory process to do that.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
COZ13-0001
WAKE LLLP
CHRIS GATHMAN
CHANGE OF ZONE FROM THE R-1 (LOW -DENSITY RESIDENTIAL) ZONE
DISTRICT TO THE 1-3 (INDUSTRIAL) ZONE DISTRICT.
PT E2 SECTION 32, T6N, R65W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
SOUTH OF AND ADJACENT TO O STREET (CR 64) AND APPROXIMATELY
675 FEET WEST OF CR 41.
Chris Gathman, Planning Services, presented Case COZ13-0001, reading the recommendation and
comments into the record. He noted that staff was contacted by a surrounding property owner with
concerns about potential for traffic when the site is developed. The Department of Planning Services
recommends approval of this application with the attached conditions of approval.
Don Carroll, Public Works, reported on the existing road, access, floodplain and drainage conditions and
the requirements on site. He noted that County Road 64, which is also O Street, is an arterial roadway
and the City of Greeley is identifying it as a minor arterial roadway. He added that Weld County is
requiring 140 feet of right-of-way; however the City of Greeley is requiring 100 feet of right-of-way. Mr.
Carroll suggested amending Condition of Approval to include the 140 feet of right-of-way.
Motion: Amend Condition of Approval 2.D to include 140 feet of right-of-way as stated by staff, Moved by
Mark Lawley, Seconded by Benjamin Hansford.
Motion passed unanimously.
Mary Evett, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Bruce Johnson, 801 8th Street, Suite 220, Greeley, Colorado, stated that his family has owned this
property for several years and they intend to change the zone. He added that they have had many
inquiries on this property because of what was happening to the properties to the west. Therefore they
have decided to change the zoning so business could be located here.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Steve Gomez, 7908 Whitney Court, Ft. Collins, Colorado, stated that he is here to represent an individual
who resides at 1287 N 1st Avenue. He stated that he is concerned with changing it from low -density
residential to industrial is a significant change and will impact their property in the adjacent subdivision to
the east. He expressed concern over the decrease in property values if this is approved. The trees
between the subdivision and the proposed change of zone site do not have leaves in the winter time so it
will not provide screening.
Mr. Johnson responded to the Mr. Gomez' concerns. He added that he has lived in this area since 1943.
He has sold property surrounding this site and it has been changed to Industrial. He added that there has
been no interest in this property for residential use. The use in this part of the County and the City of
Greeley's planning is for this type of use.
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