HomeMy WebLinkAbout20132540.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSI
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: USR13-0038
APPLICANT: CHAMBERS LOREN SR TRUST, C/O SCHLEINING GENETICS, LLC
PLANNER: DIANA AUNGST
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL
REVIEW PERMIT (SUP -219) 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 (9,600 HEAD
FEEDLOT) AND ONE (1) SINGLE-FAMILY DWELLING UNIT PER LOT, OTHER
THAN THOSE PERMITTED UNDER SECTION 23-3-20.A, IN THE A
(AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: ALL NE4 18-7-65 LYING NORTH OF AND ABOVE THE EATON DITCH EXC 3A
SW4NE4 BEG AT SW COR NE4 E330' NWLY ALONG W SIDE OF RAN EATON
DITCH 780' M/L W120' TOW LN NE4 S TO BEG SECTION 18, T7N, R65W OF
THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO HWY 14; WEST OF AND ADJACENT TO CR 39.
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 to increase an existing USR (SUP -219) from 1,600 to 9,600 head
of cattle. The existing feedlot has been in existence for approximately 35 years.
The application materials state that an additional six (6) corrals will be constructed to the east
and west of the existing corrals and the area for feed will be expanded to the east. The
existing residences will continue to be used as rental property as employee housing. No new
structures are proposed at this time. The Department of Planning Services is requiring a
Lighting Plan be submitted to address the impacts from this 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 A (Agricultural)
Zone District Sections 23-3-40.B.16 and 23-3-40.M. of the Weld County Code which allow
for, A Site Specific Development Plan and Amended Use By Special Review Permit (SUP -
219) 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 (9,600 head feedlot) and one (1) single-family dwelling unit per lot
other than those permitted under Section 23-3-20 A (second single family dwelling unit) 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.
A046-0
RESOLUTION USRI 3-0038
CHAMBERS LOREN SR TRUST, C/O SCHLEINING GENETICS, LLC
PAGE 2
The facility is located in an agricultural area on a parcel containing a shop, two houses, an
office and a shed. There are two existing corrals and 6 corrals are proposed to for the
additional 8,000 head of cattle.
The site is one -mile east of the Town of Ault and outside the Town of Ault's
Intergovernmental Agreement boundary. The adjacent properties are mainly utilized for
pastures, crops, and rural residences. State Highway 14 borders the site on the north,
County Road 39 borders the site on the east, and the Eaton Ditch borders the site on the
south. The adjacent land to the west is cropland.
The closest residence is located on the southeast corner of State Highway 14 and County
Road 39 approximately 75 feet from the east property line. The residence on the northeast
corner of State Highway 14 and County Road 39 is approximately 178 feet from the east
property line. There are six (6) USRs located within one mile of this parcel. The closest USR,
south and adjacent of the site, is USR-1020 for the storage of sugar beets. AmUSR-199,
east and adjacent to the site, is a feedlot for 3,000 cattle. USR-1583, 1,000 feet south of the
site is an 8,000 head dairy. Approximately, one-half (0.5) mile to the west along State
Highway 14 is USR-1078 for a farm implement business; one-third mile to the west is USR-
148 a feed lot for 8,000 sheep. Finally, one -mile southwest of the site is AmUSR-786 for
onion sorting and storage. The Weld County Department of Planning Services has received
two phones calls from surrounding property owners opposing this expansion stating concerns
about flies, odors, traffic, and that the number of cattle is too dense for the site.
As a condition of approval the applicant is required to submit a Lighting Plan. This lighting
plan, in conjunction with the Development Standards and the other Conditions of Approval for
this proposal, will assist in mitigating the impacts of the facility on the adjacent properties and
ensure compatibility 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 three (3) mile referral area of the Town of Ault and the Town
of Eaton. The Town of Eaton did not respond with referral comments. The Town of Ault's
referral comments indicated no concerns.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Article V, of the Weld
County Code. The existing site is within the County -Wide Road Impact Fee Area and the
Capital Expansion Impact Fee area.
Building Permits issued on the lot will be required to adhere to the fee structure of the
County -Wide Road Impact Fee Program.
Building Permits issued on the proposed lot will be required to adhere to the fee structure of
the County Facility Fee and Drainage Impact Fee Program.
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 proposed facility is located on approximately 38 acres Prime (Irrigated) and
approximately 40 acres Irrigated Land (Not Prime) per the 1979 Soil Conservation Service
Important Farmlands of Weld County Map. The proposed USR will take approximately 38
acres of Prime (Irrigated) Farmland out of production. However, a feedlot is an agricultural
use.
RESOLUTION USR13-0038
CHAMBERS LOREN SR TRUST, C/O SCHLEINING GENETICS, LLC
PAGE 3
G. Section 23-2-220.A.7 -- There is adequate provisions for the protection of the 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 submit a Lighting Plan to the Department of Planning Services, for review
and approval. Any lighting poles and lamps shall comply with Section 23-3-360.F. which
states, in part, that, "any lighting shall be designed, located, and operated in such a manner
as to meet the following standards: sources of light shall be shielded so that beams or rays of
light will not shine directly onto adjacent properties." (Department of Planning Services)
B. In accordance with Chapter 23, Article IV, Division 2 the applicant shall submit a Signage
Plan to the Department of Planning Services for review and approval. The quantity, size and
location of the signs shall comply with Appendix 23-C and Appendix 23-D. (Department of
Planning Services)
C. The applicant shall address the requirements of the Colorado Department of Transportation
as stated in their email dated June 24, 2013 and their email dated August 12, 2013. Written
evidence of such shall be provided to the Department of Planning Services. (Colorado
Department of Transportation)
D. The applicant shall address the requirements of the Division of Water Resources as stated in
their referral dated July 10, 2013. Written evidence of such shall be provided to the
Department of Planning Services. (Division of Water Resources)
E. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR13-0038. (Department of Planning
Services)
2) The attached Development Standards. (Department of Planning Services)
3) The plat shall be prepared per Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
4) 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 properties and public
rights -of -way. These areas shall be designed and used in a manner that will prevent
trash from being scattered by wind or animals. (Department of Planning Services)
5) The approved Parking Plan, as indicated in the application materials. (Department of
Planning Services)
6) The approved Lighting Plan. (Department of Planning Services)
7) The approved Signage Plan. (Department of Planning Services)
RESOLUTION USR13-0038
CHAMBERS LOREN SR TRUST, C/O SCHLEINING GENETICS, LLC
PAGE 4
8) County Road 39 is designated on the Weld County Road Classification Plan as a
local road, which requires 60 feet of right-of-way at full build out. The applicant shall
verify and delineate on the plat the existing right-of-way and the documents creating
the right-of-way. All setbacks shall be measured from the edge of future rig ht -of -
way. This road is maintained by Weld County. (Department of Public Works)
9) Show the approved Colorado Department of Transportation and Weld County
accesses on the plat and label with the approved access permit numbers.
(Department of Public Works)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit three (3) paper copies
or one (1) electronic copy (.pdf) of the plat for preliminary approval to the Weld County Department of
Planning Services. Upon approval of the plat 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 the Department of Planning Services. 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)
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the plat
not be recorded within the required one hundred twenty (120) days from the date of the Board of
County Commissioners Resolution, a $50.00 recording continuance charge shall added for each
additional three (3) month period. (Department of Planning Services)
4. The Department of Planning Services respectfully requests a digital copy of this Use by Special
Review, as appropriate. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable
GIS formats are ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB). The preferred format
for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to
mapsa.co.weld.co.us. ..co.weld.co.us. (Department of Planning Services)
5. Prior to construction:
a. If more than 1 acre is to be disturbed, a Weld County grading permit will be required prior to
the start of construction. (Department of Public Works)
6. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be
issued on the property, until the Use by Special Review plat is ready to be recorded in the office of the
Weld County Clerk and Recorder. (Department of Planning Services)
Motion seconded by Benjamin Hansford.
VOTE:
For Passage
Benjamin Hansford
Bruce Sparrow
Jason Maxey
Jordan Jemiola
Mark Lawley
Michael Wailes
Against Passage
Joyce Smock
Nick Berryman
Absent
Bret Elliott
RESOLUTION USR13-0038
CHAMBERS LOREN SR TRUST, C/O SCHLEINING GENETICS, LLC
PAGE 5
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 August 20, 2013.
Dated the 20th of August, 2013.
Kristine Ranslem
Secretary
Digitally signed by Kristine
Ranslem
Date: 2013.08.23 08:50:25 -06'00'
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Chamber Loren Sr. Trust c/o Schleining Genetics, LLC
USR13-0038
1. A Site Specific Development Plan and Amended Use By Special Review Permit (SUP -219) USR13-
0038 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 (9,600 head feedlot) and one (1) single-family dwelling unit per lot other than those
permitted under Section 23-3-20 A (second single family dwelling unit) in the A (Agricultural) Zone
District, 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. The number of on -site employees shall be limited to ten (10), as stated in the application materials.
(Department of Planning Services)
4. The hours of operations shall be 24 hours a day 7 days, as stated in the application materials.
(Department of Planning Services)
5. All signs shall be in compliance with the Weld County Code. (Department of Planning Services)
6. The parking, sign(s), and lighting on site shall be maintained in accordance with the approved
Parking/Sign/Lighting Plans. (Department of Planning Services)
7. Should 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,
pursuant to Chapter 15, Articles I and II, of the Weld County Code. (Department of Public Works)
8. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Public
Works)
9. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Public Works)
10. There shall be no parking or staging of vehicles on County roads. On -site parking shall be utilized.
(Department of Public Works)
11. 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)
12. The facility shall maintain registration as a Confined Animal Feeding Operation (CAFO) with the
Colorado Department of Public Health & Environment upon reaching the head count threshold.
(Department of Public Health & Environment)
13. There shall be no discharge of manure or wastewater to surface waters, unless allowed by Regulation
81 or by CAFO Colorado Discharge Permit issued in accordance with Regulation 61. (Department of
Public Health & Environment)
14. Prior to wastewater entering new or expanded impoundments, the facility shall demonstrate
compliance with the setback to water wells, separation from seasonal high groundwater, and that the
impoundment's liner(s) meet the seepage rate standards required by Colorado Water Quality Control
Commission Regulation Number 81. (Department of Public Health & Environment)
RESOLUTION USR13-0038
CHAMBERS LOREN SR TRUST, C/O SCHLEINING GENETICS, LLC
PAGE 7
15. 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 areas except for
agricultural stormwater. (Department of Public Health & Environment)
16. The facility shall control fugitive dust on this site and install/operate (as necessary) a water sprinkler
system and/or water truck to control dust. 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)
17. The facility shall be operated in a manner to control pests. The facility shall be operated in
accordance, at all times, with their current approved Management Plan for Nuisance Control.
Additional control measures shall be implemented at the request of the Weld County Department of
Public Health & Environment in the event that rodents (which can be determined to be associated with
the facility) are in such a number to be considered a nuisance condition. (Department of Public Health
& Environment)
18. The facility shall be operated in a manner to control flies. The facility shall be operated in accordance,
at all times, with their current approved Management Plan for Nuisance Control. Additional fly control
measures shall be implemented at the request of the Weld County Department of Public Health &
Environment in the event that flies (which can be determined to be associated with the facility) are in
such a number to be considered a nuisance condition. Additional controls shall also be implemented
in the event the Weld County Department of Public Health and Environment receives a significant
number of fly (associated with facility) complaints, and in the judgment of the Weld County Health
Officer, there exists a fly condition requiring abatement. (Department of Public Health & Environment)
19. The facility shall be operated in a manner to control odors 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)
20. The applicant shall remove, handle, and stockpile manure from the livestock area in a manner that
will prevent nuisance conditions. The manure piles shall not be allowed to exist or deteriorate to a
condition that facilitates excessive odors, flies, insect pests, or pollutant runoff. The surface beneath
the manure storage areas shall be of materials which are protective of State waters. These areas
shall be constructed to minimize seepage or percolation of manure contaminated water. In no event
shall the facility impact or degrade waters of the State in violation of Regulation 81. (Department of
Public Health & Environment)
21. The facility shall provide adequate drinking water, hand washing, and toilet facilities. (Department of
Public Health & Environment)
22. 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. Existing systems must be evaluated and permitted in accordance with 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)
23. 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)
RESOLUTION USR13-0038
CHAMBERS LOREN SR TRUST, C/O SCHLEINING GENETICS, LLC
PAGE 8
24. There shall be no permanent disposal of solid wastes, as defined in the Regulations Pertaining to
Solid Waste Disposal Sites and Facilities (6 CCR 1007-2), at this site. (Department of Public Health &
Environment)
25. Waste materials, not specifically addressed by other development standards, shall be handled,
stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential
nuisance conditions. (Department of Public Health & Environment)
26. If 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)
27. 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 in
accordance with the plan. Neither the direct, nor reflected, light from any light source may create a
traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be
used which may be confused with, or construed as, traffic control devices. (Department of Planning
Services)
28. Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide
Road Impact Fee Program.
29. Building Permits issued on the lot will be required to adhere to the fee structure of the County Facility
Fee and Drainage Impact Fee Programs.
30. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240 of the Weld County Code.
31. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250 of the Weld County Code.
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.
33. The Use by 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.
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.
35. 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.
RESOLUTION USR13-0038
CHAMBERS LOREN SR TRUST, C/O SCHLEINING GENETICS, LLC
PAGE 9
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.
pc m'riults 8/00//3
Jennifer Petrik, Public Works, reported on the existing traffic, access and drainage conditions and the
requirements on site.
Mary Evett, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Ms. Evett stated that because the applicants are utilizing portable toilets Condition of Approval 1.B may
be deleted. Commissioner Maxey asked if that should remain in the event the applicant chooses to utilize
the septic system. Ms. Evett said that we could move it to the Development Standards.
Motion: Move Condition of Approval 1.B to the Development Standards and renumber accordingly,
Motion by Jason Maxey, Seconded by Benjamin Hansford. Motion carried unanimously.
Additionally, Ms. Evett recommended deleting Development Standard 13 as it is duplicated under
Development Standard 12.
Motion: Delete Development Standard 13 as stated by staff, Motion by Benjamin Hansford, Seconded
by Nick Berryman. Motion carried unanimously.
Scott Carr, 13831 CR 22, stated that he has a construction and excavation contracting business. He
stores the trucks at his site which goes to the various job sites during the day.
Commissioner Maxey asked about screening the employee and vehicle parking area from the adjacent
neighbor to the west. Mr. Carr said that there is a 6 foot tall fence on the west side currently.
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 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 USR13-0027 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 Jason Maxey, Seconded by Benjamin Hansford.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Benjamin Hansford, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley,
Michael Wailes, Nick Berryman.
Absent: Bret Elliott.
The Chair called a recess at 2:43 pm and reconvened the hearing at 2:53 p.m.
CASE NUMBER: USR13-0038
APPLICANT: CHAMBERS LOREN SR TRUST, C/O SCHLEINING GENETICS, LLC
PLANNER: DIANA AUNGST
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL
REVIEW PERMIT (SUP -219) 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 (9,600 HEAD FEEDLOT) AND ONE (1) SINGLE-
FAMILY DWELLING UNIT PER LOT, OTHER THAN THOSE PERMITTED
UNDER SECTION 23-3-20.A, IN THE A (AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: ALL NE4 18-7-65 LYING NORTH OF AND ABOVE THE EATON DITCH EXC
3A SW4NE4 BEG AT SW COR NE4 E330' NWLY ALONG W SIDE OF R/W
EATON DITCH 780' M/L W120' TO W LN NE4 S TO BEG SECTION 18, T7N,
R65W OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO HWY 14; WEST OF AND ADJACENT TO CR
39.
Diana Aungst, Planning Services, presented Case USR13-0038, reading the recommendation and
comments into the record. Ms. Aungst noted that staff has received 2 phone calls from surrounding
property owners citing concerns that this site is not large enough for the 9,600 head of livestock. The
Department of Planning Services recommends approval of this application with the attached conditions of
approval and development standards.
Commissioner Smock noted that when she visited the site manure was being piled on the eastern portion
of the site and asked why it is being piled there when they intend to construct corrals there. The Chair
stated that they can ask the applicant that question.
Jennifer Petrik, Public Works, reported on the existing traffic, access and drainage conditions and the
requirements on site. She noted that according to an email from CDOT they are requiring a Traffic Impact
Study to determine if highway improvements are necessary. Additionally, because of the drainage issues
in the area CDOT will require a Drainage Study to verify that historical volumes are maintained.
Troy Swain, Environmental Health, reviewed the Confined Animal Feeding Operation (CAFO) regulations,
on -site dust control, and the Nuisance Control Plan.
Commissioner Sparrow clarified if the 9,600 head of cattle will be held in 28 acres of pens. Mr. Swain
said that the pen space will be less than 28 acres so as it is calculated out if all 9,600 head are there it
would be 127 square feet per animal. The normal stocking density is 150 square foot.
Glen Czaplewski, AGPROfessionals, 4350 Highway 66, Longmont, Colorado, stated that they are
representing the Schleining family. They are requesting an expansion of the existing 1,600 head feedlot
to a total of 9,600 head livestock feeding operation.
Mr. Czaplewski said that the manure on the eastern side that Mrs. Smock referred to is expected to be
spread as fertilizer next spring.
Mr. Czaplewski stated that they have met the Weld County Code requirements and respectfully request a
positive recommendation to the Board of County Commissioners.
Mr. Czaplewski said that they have asked for the higher limit for the flexibility but realistically they plan to
operate at 7500 head.
Commissioner Berryman asked the applicant to explain how they expect to grow into the 9,600 head
facility. Mr. Czaplewski said that currently there are about 200 cows on site. He added that his client is a
pretty conservative businessman and wants to make sure that the growth and his business is sustainable
and he expects a slow growth pattern to get to full build out. Mr. Czaplewski understands the concern
with regard to pen densities and added that they recognize that 9,600 head is probably tight for this area
but they believe it can work. He stated that when they were making this request they are encouraged to
shoot for the limit and added that realistically they expect up to 7,500 head to operate but they would like
the flexibility.
Commissioner Sparrow questioned that size including the feeding pens and added that 127 square foot
per cow is pretty tight. Mr. Czaplewski said that it is tight and reiterated that they believe to operate 7,500
head but wished to be permitted for 9,600 for flexibility.
Commissioner Maxey asked what the applicant intends to access from County Road 39. Mr. Czaplewski
said that they do not intend to use that access as it is a ditch access road. Mr. Maxey asked if they
couldn't work things out with CDOT how that would affect County Road 39. Ms. Petrik stated that they
would need to review what they are proposing and make some requirements at that point. Mr.
Czaplewski said that they intend to use Highway 14 as their primary access.
Commissioner Maxey said that he didn't see anything about screening from neighboring properties in the
staff report. Mr. Czaplewski said that there are some existing trees around the property. At this time they
are not proposing any additional screening. Ms. Aungst said that they are not requiring screening since
this is an amendment to an existing USR.
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Commissioner Wailes asked if it is a custom feeding operation or does the landowner own the cattle
himself. Mr. Czaplewski said currently the property is being leased to Schleining Genetics but he is
operating his own herd from this facility.
Tim Naylor, AGPROfessionals, said that this feedlot will feed approximately 70% silage therefore there
will be a silage pad with cover on site. The trucks will come in during silage season and the silage will be
stored on site. Additionally, they estimate 3 to 4 trucks daily for feed.
Commissioner Smock referred to the trees on the north side of the property but there is nothing on the
east side of the property. Mr. Naylor said that trees have shade and shade attracts flies so they would
prefer fencing or other type of screening. If there is a concern with flies, dust and odors they will address
the situation and take care of it.
Dallas Schleining, 18850 Highway 14, Ault, Colorado. Commissioner Maxey said that they see the plan
in the application for dust mitigation and asked him if there have been any complaints regarding dust and
odor currently. Mr. Schleining said that he has not had any direct comments until they started this
application process. He said that they focus their efforts on the health and benefits of the cattle. He
added that it is in their best interest to keep their cattle healthy for reproduction.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Richard Burd stated that he lives adjacent to the site and has lived there for 22 years. He said that Spring
Creek is north of the site and flows into an 18 inch culvert at the intersection of Highway 14 and County
Road 39 and added that he has witnessed several times when water has topped the highway.
Mr. Burd expressed concern with the volume of traffic at the intersection of Highway 14 and County Road
39 with the beat dump traffic and the other surrounding properties who haul in their silage in the fall. He
asked where this manure will go.
Mr. Burd understands the expansion for Mr. Schleining to make a living but doesn't believe that this site
can handle 9,600 head of cattle. He said that when they grind feed, they get a lot of dust. He noted that
he has called Mr. Schleining and asked him to stop grinding because you can't see the highway. He
does not like to see the compounding of the dust, odor, and flies in a concentrated area. He doesn't have
a problem with him making a living but when it affects his well being he is concerned.
Commissioner Wailes asked Mr. Burd what a fair expansion is. Mr. Burd said that 3,000 to 4,000 head
would be an adequate expansion for the size of this parcel.
Lois Booth, 19024 Highway 14, said that today this feedlot is not a problem with 200 head of cattle. But
she doesn't understand how 9,600 head will fit in this small area. She is concerned with the traffic and
dust. She asked if these cattle are a strict feeding operation or will they be shipped to sell. If this is the
case there will be cattle coming and going all the time. Ms. Booth said that right now the only screening
they have is stacked hay.
Mr. Naylor thanked the property owners who came today. He said that with regard to drainage CAFO
requires them to capture all the water or divert it. Mr. Naylor added that their engineers have reviewed
the drainage and they will take the concerns from Mr. Burd to them to take a look at that drainage issue.
Mr. Naylor said that they are working with a traffic engineer with regard to the traffic study requested by
CDOT. The majority of trucks coming to the facility will be coming from Highway 85. The cattle will come
in and go out as they will come to the facility at about 700 pounds.
Mr. Naylor said that Mr. Schleining has an agreement with the farmer who produces his silage that he can
land apply his manure to. At 9,600 head 900 acres would be needed to handle that manure. He added
that the agreement in place is for 500 to 700 acres for silage.
As far as screening, Mr. Naylor said that Mr. Schleining has put up straw bales and they are an excellent
form of screening. With regard to the dust concerns during grinding, Mr. Schleining would be grinding 70
percent hay and now it has been converted to 70 percent silage. Commissioner Berryman asked if
moving the hay grinding away from the intersection is a possibility. Commissioner Hansford asked if the
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misting has been looked at for the dust issue. Mr. Naylor said that they might be able to move a couple
hundred feet to the west but that would encumber the buildings on site. Commissioner Lawley asked to
mitigate that as much as possible by moving it to another location or by other ways to reduce that impact
to neighbors and for traffic safety as well.
Commissioner Maxey said that he doesn't like to see prime agricultural land converted. He said that
there is a pivot on the west side. He asked how they would feel about the number of cattle being reduced
therefore not needing the corrals on the west side to accommodate the pivot. Mr. Naylor said that they
would like to take that back and evaluate that if they could make it work. Mr. Maxey said that they might
take a look at that prior to the Board of County Commissioner hearing.
Commissioner Lawley asked if any complaints have been received regarding this site. Mr. Swain said
that they did receive one (1) complaint on the hay grinding.
The Chair asked the applicant if they have read through the 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 USR13-0038 to the Board of County Commissioners along with the 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 (summary: Yes = 6, No=2).
Yes: Benjamin Hansford, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Mark Lawley, Michael Wailes.
No: Joyce Smock, Nick Berryman.
Absent: Bret Elliott.
Commissioner Smock said that she would feel better if it was a smaller operation
Commissioner Sparrow said that he hopes the County Commissioners get some expert advice on the
confinement issue and get a little better background on it.
Commissioner Wailes said that the capacity is the key issue. He added that Mr. Schleining commented
that the health of his business is tied directly to the health of his animals and added that he would like to
see it operate at a smaller capacity.
Commissioner Berryman said that he is concerned that the 9,600 head is appropriate for this size of
facility and would feel more comfortable if the number was reduced.
Commissioner Maxey hopes that more answers to these questions will be addressed before the Board of
County Commissioner's hearing. He feels if the number was reduced it would appease the neighbors but
understands that it is a business decision. Mr. Maxey emphasized that he would like to see screening
required for this facility.
Commissioner Lawley concurred with Mr. Maxey's comments.
The Chair asked the public if there were other items of business that they would like to discuss. No one
wished to speak.
The Chair asked the Planning Commission members if there was any new business to discuss. No one
wished to speak.
Meeting adjourned at 4:37 pm.
Respectfully submitted,
Kristine Ranslem
Secretary
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