HomeMy WebLinkAbout20132541.tiffWELD___000NTY
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LAND USE APPLICATION
SUMMARY SHEET
Diana Aungst
USR13-0038
Chamber Loren Sr. Trust c/o Schleining Genetics, LLC
Glen Czaplewski, AGPROfessionals, LLC
4350 State Highway 66, Longmont, CO 80504
18850 State Highway 14, Ault, CO 80610
Hearing Date: August 20, 2013
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.
Being part of NE4 Section 18, T7N, R65W of the 6th P.M., Weld County, CO
South of and adjacent to State Highway 14; West of and adjacent to County Road 39
Size of Parcel: +/- 78.82 acres Parcel No. 0709-18-0-00-022
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County
Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
Weld County Department of Public Works, referral dated July 18, 2013
State of Colorado, Division of Water Resources, referral dated July 10, 2013
Weld County Department of Building Inspection, referral dated July 10, 2013
Weld County Department of Public Health and Environment, referral dated July 19, 2013
Colorado Department of Transportation, referral dated June 24, 2013 and August 12, 2013
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
Weld County Zoning Compliance, referral dated June 24, 2013
West Greeley Soil Conservation District, referral dated June 27, 2013
Northern Colorado Water Conservancy District, referral dated June 24, 2013
USR13-0038 — Chamber Loren Sr, Trust do Schleining Genetics, LLC
Page 1 of 11
The Department of Planning Services' staff has not received responses from the following agencies:
`. V \. V \.
Eaton Ditch
Town of Ault
Town of Eaton
School District RE -9
Ault Fire Protection District
Weld County Sheriff's Office
Weld County Extension Office
North Weld County Water District
Colorado Division of Parks and Wildlife
Northern Colorado Water Conservancy
United States Department of Agriculture
State of Colorado Department of Public Health and Environment
USR13-0038 — Chamber Loren Sr, Trust do Schleining Genetics, LLC
Page 2 of 11
u
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SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Diana Aungst Hearing Date: August 20, 2013
USR13-0038
Chamber Loren Sr. Trust c/o Schleining Genetics, LLC
Glen Czaplewski, AGPROfessionals, LLC
4350 State Highway 66, Longmont, CO 80504
18850 State Highway 14, Ault, CO 80610
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.
Being part of NE4 Section 18, T7N, R65W of the 6th P.M., Weld County, CO
South of and adjacent to State Highway 14; West of and adjacent to County Road 39
Size of Parcel: +/- 78.82 acres Parcel No. 0709-18-0-00-022
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260
of the Weld County Code.
2. It is the opinion of the Department of Planning Services' staff that the applicant has shown
compliance with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1. -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
Section 22-2-20 A. Goal 1. states "Respect and encourage the continuation of agricultural
land uses and agricultural operations for purposes which enhance the economic health
and sustain ability 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.
USR13-0038 — Chamber Loren Sr, Trust do Schleining Genetics, LLC
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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.
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 for the
additional 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 also a feedlot for 3,000 cattle.
USR-1583, 1,000 feet south of the site line 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.
Approximately 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 expressing opposition to this expansion.
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. Neither the Town of Ault nor the Town of Eaton responded with referral
comments
USR13-0038 — Chamber Loren Sr. Trust do Schleining Genetics, LLC
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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.
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 Department of Planning Services' staff 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:
USR13-0038 — Chamber Loren Sr. Trust do Schleining Genetics, LLC
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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)
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 right-of-way. This road is
maintained by Weld County. (Department of Public Works)
9) Show the approved Colorado Department of Transportation (CDOT) 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 maps@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)
USR13-0038 — Chamber Loren Sr. Trust do Schleining Genetics, LLC
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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)
USR13-0038 — Chamber Loren Sr, Trust do Schleining Genetics, LLC
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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)
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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)
USR13-0038 — Chamber Loren Sr. Trust do Schleining Genetics, LLC
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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)
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.
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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.
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, sand burs, 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.
USR13-0038 — Chamber Loren Sr. Trust do Schleining Genetics, LLC
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July 26, 2013
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: daungst@co.weld.co.us
PHONE: (970) 353-6100, Ext. 3524
FAX: (970) 304-6498
CZAPLEWSKI GLEN
AGPROFESSIONALS, LLC
4350 HWY 66
LONGMONT, CO 80504
Subject: USR13-0038 - 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) IN THE A (AGRICULTURAL) ZONE DISTRICT.
On parcel(s) of land described as:
ALL NE4 SECTION 18, T7N, R65W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on August 20, 2013, at 1:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on September 11,
2013 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration
Building, 1150 O Street, Greeley, Colorado. It is recommended that you and/or a representative be in
attendance to answer any questions the Planning Commission members or Board of County
Commissioners may have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld
County Planning Department with written certification indicating the above requirement has been met.
A representative from the Department of Planning Services will be out to the property a minimum of ten
days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place
on the property and a second sign posted at the point at which the driveway (access drive) intersects a
publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to
the Weld County Planning Commission and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at
www.weldcountyplanningcases-org
If you have any questions concerning this matter, please call.
Respectfully. j Q
Ca -
Diana Aungst
Planner
Digitally signed by Kristine Ranslem
Reason: I am the author of this document
Date: 2013.07.26 1 1:39:1 1 -0600'
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: daungst@co.weld.co.us
PHONE: (970) 353-6100, Ext. 3524
FAX: (970) 304-6498
June 24, 2013
CZAPLEWSKI GLEN
AGPROFESSIONALS LLC
4350 HWY 66
LONGMONT, CO 80504
Subject: USR13-0038 - 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 DAIRY) IN THE A (AGRICULTURAL) ZONE DISTRICT.
On parcel(s) of land described as:
ALL NE4 SECTION 18, T7N, R65W OF THE 6TH P.M., WELD COUNTY, COLORADO.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying
within three miles of the property in question or if the property under consideration 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 following Planning Commission(s) for their review and comments:
Ault at Phone Number 970-834-2844
Eaton at Phone Number 970-454-3338
Please call the listed Planning Commissions, for information regarding the date, time and place of the
meeting and the review process. It is recommended that you and/or a representative be in attendance at
each of the meetings described above in order to answer any questions that might arise with respect to
your application.
If you have any questions concerning this matter, please call.
Respectfully. y Ui
Diana Aungst
Planner
Digitally signed by Kristine Ranslem
Reason: I am the author of this document
Date: 2013.06.24 10:50:52 -06'00'
Diana Aungst
Subject: FW: Site plan for cattle operation east of Ault
From: Griffin - CDOT, Steven[mailto:steven.griffin@state.co.us]
Sent: Wednesday, September 04, 2013 1:10 PM
To: Gloria Hice-Idler - CDOT; Jennifer Petrik
Subject: Re: Site plan for cattle operation east of Ault
Jennifer and Gloria,
I have had a chance to look at their proposed site plan, and based on all the other available information, I don't
really see any concerns for CDOT at this location based on the proposed expansion of the cattle operations. The
holding pond is downgrade from SH 14 and will not outlet into the right-of-way for SH 14. If there are pre-
existing drainage issues near the intersection with WCR 39, I don't see where the cattle operation would cause
these issues to worsen.
I also looked into any potential legal history at this site involving CDOT and the State Engineer's Office, but
was not able to locate any such records. No one I spoke to here in the Region had any recollection of litigation
here.
Steven Griffin, P.E., (TM
Colorado Department of l ransportation
Region 4 Hydraulics Engineer
1420 2nd Street
Greeley, CO 80631
Steven (irnlh a sialc.cto./1'
On Tue, Sep 3, 2013 at 11:16 AM, Griffin - CDOT, Steven <stev en.uriffin(ii state -co_us> wrote:
Gloria and Jennifer,
I am wrapping up our review of the proposal to expand the cattle operation at SH 14 and WCR 39, the only
piece of information I would like to have is the proposed site layout for the expansion, specifically the locations
of the new storage ponds. Would either of you have a copy of this? I have their Preliminary Waste System
Design report from May 2013, but it doesn't have a site plan with it.
Steven Griffin, P.E, ('TM
('o/orada Department of Transportation
Region 4 Hydraulics Engineer
1420 2nd Street
Gree/ev, CO 80631
.S7crcu (,riJ/iCHM,
1
MEMORANDUM
TO: Referral Agencies
DATE: August 7, 2013
FROM: Diana Aungst, Planner I
daungst@weldgov com
970-353-6100 x 3524
SUBJECT: USR13-0038 — modification to the "Request"
language
The Request for this USR has changed slightly. The original language read:
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) IN THE A
(AGRICULTURAL) ZONE DISTRICT
The revised language reads:
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
The original permit SUP -219 was approved in 1973 and included the two residences. No new
residences are being proposed this is just to add some clarification to the USR request.
If you would like to revise your referral comments please send the revised comments to me no
later than August 12, 2013.
Regards,
Diana Aungst
Planner
FIELD CHECK
Inspection Date: 8/8/13
Case Number: USR13-0038
Applicant: Chamber Loren Sr. Trust c/o Schleining Genetics, LLC
Representative: Glen Czaplewski, AGPROfessionals, LLC
4350 State Highway 66, Longmont, CO 80504
Request:
Legal
Description:
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.
Being part of NE4 Section 18, T7N, R65W of the 6th P.M., Weld County, CO
Location: South of and adjacent to State Highway 14; West of and adjacent to County
Road 39
Size of Parcel: +/- 78.82 acres
Parcel No. 0709-18-0-00-022
Zoning
Land Use
N
A (Agricultural)
N
Agricultural
E
A (Agricultural)
E
Agricultural
S
A (Agricultural)
S
Clark Lake and Agricultural
W
A (Agricultural)
W
Agricultural/Rural Residence
COMMENTS:
The site is currently being used as a feedlot for an approved 1,600 head of cows. The section of
the lot that is not being used for the feedlot is cropland. There are two residences, a barn, an
office and some outbuildings on the site. The business has a sign installed on State Highway 14
and the feedlot has 4 access points off of State Highway 14 and one is gated. There are other
accesses into the site that are off of State Highway 14 and enter into the area of the site that is
cropland.
w
Diana A�ungst, Planner
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