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HomeMy WebLinkAbout20121787.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS • Moved by Mary Lawley, 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: USR12-0016 APPLICANT: QUANAH CATTLE COMPANY, LLC PLANNER: CHRIS GATHMAN 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 LIVESTOCK CONFINEMENT OPERATION(15,000 HEAD DAIRY CALF FACILITY) IN THE A(AGRICULTURAL)ZONE DISTRICT. LEGAL DESCRIPTION: E2SE4 AND PART OF NE4 OF SECTION 28, T5N, R64W OF THE 6TH P.M., WELD COUNTY, COLORADO. LOCATION: NORTH OF AND ADJACENT TO CR 52; WEST OF AND ADJACENT TO CR 55. 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." Sec. 22-4-190.a states: "Agricultural waste results from the raising of crops or animals, including animal manures, that are returned to the soils as fertilizer or soil conditioners. Improperly managed agricultural waste can impact public health. Agricultural waste must be managed and processed appropriately to protect human and environmental health." 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." This use is a dairy calving facility on an old poultry farm. There is not an existing Use by Special Review Permit on the site for the poultry farm. The applicant is proposing to use the existing poultry barns on the site and add exercise pens along with a composting area and stormwater/process water pond. This is an agricultural related use. The Department of Planning Services is requiring a Lighting Plan to address the impacts from the expansion of 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 A(Agricultural) Zone District. Section 23-3-40 B.16 of the Weld County Code provides for livestock confinement operations(15,000 head dairy calving operation)as a Use by Special Review in the A (Agricultural) Zone District. EXHIBIT A 21512a.Ao/(e RESOLUTION USR12-0016 QUANAH CATTLE COMPANY, LLC PAGE 2 c. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing • surrounding land uses. The surrounding properties are all zoned agricultural. The site is located in an agricultural area. The site is located immediately across County Road 52 from a single family residence. Another single family residence is located immediately to the southeast and another residence is located approximately % mile to the east. The Department of Planning Services is requiring a Lighting plan be submitted to address the impacts from the expansion of this feedlot. The Department of Planning Services is also requiring that the applicant be required to adhere to specific Development Standards imposed by the County as well as Confined Animal Feeding Operation (CAFO) regulations. This will ensure the facility is operating in compliance with numerous conditions which would not be required for a facility operating as a use-by-right. 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 proposed facility expansion is located within the three-mile referral area of the Town of Kersey but not within the urban growth boundary of the Town of Kersey as delineated in the Kersey/Weld County Coordinated Planning Agreement(adopted by Weld County and codified under Chapter 19,Article XI of the Weld County Code).A small portion of the property that is separated by the Lower Latham Ditch is located within the Town of Kersey IGA boundary. The site is located approximately one(1) mile to the southeast of the Town Limits of Kersey. The Town of Kersey, in their referral dated April 5, 2012, recommended approval of this proposed facility with the condition that the roads located in the town limits of Kersey included on the haul route as proposed in the Road Maintenance Agreement and that the dust control plan be enforced. The Department of Public Works is requiring an Improvements and Road Maintenance • Agreement as a condition of approval for this permit. e. Section 23-2-220.A.5--The application complies with Section 23-5 of the Weld County Code. The proposed facility does not lie within the boundaries of any overlay district. Effective April 25, 2011, 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) Effective April 25, 2011, 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.The proposed Use by Special Review will be located on that part of the property considered"Other Land"according to the U.S.D.A. Soil Conservation Map, dated 1979. The use of the land is covered with existing buildings and improvements and will remain in an agricultural related use. g. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and Development Standards ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. . The Planning Commission recommendation for approval is conditional upon the following: RESOLUTION USR12-0016 QUANAH CATTLE COMPANY, LLC PAGE 3 • 1. Prior to recording the plat: A. The plat shall be amended to delineate the following: 1) All sheets of the plat shall be labeled USR12-0016. (Department of Planning Services) 2) The plat shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. (Department of Planning Services) 3) Oil and Gas drilling windows (if no surface use agreement or memorandum of understanding is reached) locations specified under Colorado Oil and Gas Commission regulations. (Department of Planning Services) 4) CR 52&CR 55 are local gravel roads and require a 60-foot right-of-way at full build out. There is presently a 60-foot right-of-way. The applicant shall verify the existing right-of-way and the documents creating the right-of-way shall be noted on the plat. All setbacks shall be measured from the edge of future county road right-of-way. (Department of Public Works) 5) The applicant will utilize the existing accesses to the property. Additional accesses will not be granted. Please show the approved access points on the plat and label them with the Access Permit number(AP12-00147). 6) Access improvements are required and shall include 60-foot radiuses to accommodate turning trucks and double cattle guards across the access to prevent • the tracking of mud onto the gravel roadway. This shall be indicated on the plat. (Department of Public Works) 7) Indicate the employee/visitor parking area. (Department of Planning Services) 8) Location of proposed lighting as outlined in the approved Lighting Plan. (Department of Planning Services) B. The applicant shall either submit to the Weld County Department of Planning Services a copy of an agreement with the properties mineral owners/operators stipulating that the oil and gas activities have adequately been incorporated into the design of the site or show evidence that an adequate attempt has been made to mitigate the concerns of the mineral owners. 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 Public Works) C. A Lighting Plan, including cut sheets of the intended lights, shall be provided to the Department of Planning Services for review and approval. The Lighting Plan shall adhere to the lighting standards, in accordance with Section 23-3-360.F and Section 23-2-250.D of the Weld County Code. Lighting shall be shielded and downcast. Further,the approved Lighting Plan shall be delineated on the plat. (Department of Planning Services) D. The applicant shall apply for and obtain a commercial Individual Sewage Disposal System (I.S.D.S.) permit for disposal of sanitary wastes from plumbing fixtures for employees and patrons of the facility. If the applicant intends to use an existing system, the system 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 and Environment) RESOLUTION USR12-0016 QUANAH CATTLE COMPANY, LLC • PAGE 4 E. The applicant shall demonstrate that the impoundment meets the following requirements of Colorado Water Quality Control Commission Regulation 81 (6 CCR 1002-81): (1) setback from water wells, (2) impoundment finer setback from seasonal high groundwater, (3) impoundment liner seepage rate, and (4) that a manure removal standard operational procedures (SOP)for the impoundment has been submitted. (Department of Public Health and Environment) F. An Improvements and Road Maintenance Agreement is required for this site. Public Works will provide a draft of the agreement after the Board of County Commissioners hearing for this project.The agreement and form of collateral(if collateral is required as a condition prior to recording the plat)shall be reviewed by County Staff and accepted by the Board of County Commissioners prior to recording the Use by Special Review plat. Or the applicant may submit evidence that all the work has been completed and approved by the Department of Planning Services and the Department of Public Works. (Department of Planning Services) G. 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 Article VI, Division II and Appendices C through E of the Weld County Code. (Department of Planning Services) H. The applicant shall attempt to address the recommendations/requirements of the Town of Kersey as stated in their referral response dated April 5, 2012.Written evidence of such shall be provided to the Department of Planning Services. (Town of LaSalle) 2. 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) 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(120)days from the date the Administrative Review was signed a $50.00 recording continuance charge may be added for each additional 3 month period. (Department of Planning Services) 4. Prior to Release of Building Permits/Prior to Construction: A. 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) B. A building permit will be required for any new construction, alteration, or addition to any buildings or structures on the property. Structures that meet the definition of Ag-Exempt per Chapter 23 of the Weld County Code will require Certificate of Compliance application It are recommended that a code analysis be done on the project by a design professional with experience in this area. (Department of Building Inspection) • RESOLUTION USR12-0016 • QUANAH CATTLE COMPANY, LLC PAGE 5 C. A building permit application must be completed and two complete sets of plans including engineered foundation plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review. A geotechnical engineering report performed by a registered State of Colorado engineer shall be required. (Department of Building Inspection) D. 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: 2006 International Building Code; 2006 International Mechanical Code; 2006 International Plumbing Code: 2006 International Energy Code; 2006 International Fuel Gas Code; 2011 National Electrical Code; 2003 ANSI 117.1 Accessibility Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) E. A plan review shall be approved and a permit must be issued prior to the start of construction. (Department of Building Inspection) F. Prior to the release of building permit, the applicant shall submit evidence of approval from the Platte Valley Fire Protection District to the Weld County Building Department. 5. Prior to Operation: A. Access improvements are required and shall include 60-foot radiuses to accommodate turning trucks and double cattle guards across the access to prevent the tracking of mud onto the gravel roadway. (Department of Public Works) • Motion seconded by Alexander Zauder. VOTE: For Passage Against Passage Absent Robert Grand Bill Hall Tom Holton Alexander Zauder Benjamin Hansford Mark Lawley Nick Berryman Jason Maxey Joyce Smock 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 5, 2012. Dated the 5th of June,11 2012. • Kris Ranslem � Secretary SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT Quanah Cattle Company LLC • DEVELOPMENT STANDARDS USR12-0016 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 (15,000 head dairy calf facility) 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 employees shall be limited to thirty-five(35)as stated in the application materials. (Department of Planning Services) 5. The facility shall operate in compliance with Colorado Water Quality Control Commission Regulation Number 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 Water Quality Control Commission Regulation Number 81 or by(CAFO)Colorado Discharge Permit issued in accordance with Regulation 61. (Department of Public Health & Environment) 7. The facility, upon being defined as a CAFO(Large CAFO 1000 head), shall register as a CAFO and compile a Facility Management Plan or obtain a CDPS CAFO Permit. (Department of Public Health& Environment) 8. 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) 9. The facility shall be operated and maintained in a manner to prevent nuisance conditions and operated in accordance with their current approved Management Plan for Nuisance Control. (Department of Public Health & Environment) 10. 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 and 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) 11. 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 and 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 USR12-0016 QUANAH CATTLE COMPANY, LLC PAGE 7 • 12. The facility shall be operated in a manner to control odors. The facility shall be operated in accordance with the approved Management Plan for Nuisance Control. 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) 13. 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 Colorado Water Quality Control Commission Regulation Number 81. (Department of Public Health & Environment) 14. Any individual sewage disposal system (I.S.D.S.) on the property shall be permitted, installed, maintained, and operated in compliance with Weld County I.S.D.S. Regulations. (Department of Public Health & Environment) 15. 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) 16. 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) 17. 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) 18. Adequate drinking water, hand washing, and toilet facilities shall be provided for employees and patrons of the facility. (Department of Public Health & Environment) 19. Composting operations shall comply with Section 14 of the Regulations Pertaining to Solid Waste Sites and Facilities (6 CCR 1007-2). (Department of Public Health & Environment) 20. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. (Department of Public Health & Environment) 21. 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) 22. 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 USR12-0016 QUANAH CATTLE COMPANY, LLC PAGE 8 23. A building permit will be required for any new construction, alteration, or addition to any buildings or • structures on the property. Structures that meet the definition of Ag-Exempt per Chapter 23 of the Weld County Code will require Certificate of Compliance application It are recommended that a code analysis be done on the project by a design professional with experience in this area. (Department of Building Inspection) 24. A building permit application must be completed and two complete sets of plans including engineered foundation plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review.A geotechnical engineering report performed by a registered State of Colorado engineer shall be required. (Department of Building Inspection) 25. 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: 2006 International Building Code; 2006 International Mechanical Code; 2006 International Plumbing Code: 2006 International Energy Code; 2006 International Fuel Gas Code; 2011 National Electrical Code; 2003 ANSI 117.1 Accessibility Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) 26. Prior to the release of building permit,the applicant shall submit evidence of approval from the Platte Valley Fire Protection District to the Weld County Building Department. 27. A plan review shall be approved and a permit must be issued prior to the start of construction. (Department of Building Inspection) 28. 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) 29. The applicant will utilize the existing accesses to the property.Additional accesses will not be granted. (Department of Public Works) 30. The existing access, circulation, and gravel driveway shall be graded and drained to provide an all- weather access to the facility. (Department of Public Works) 31. The applicant shall adhere to the approved Lighting Plan. Sources of light, including light from high- temperature processes such as combustion or welding, 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) 32. Effective April 25, 2011, 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) 33. Effective April 25,2011, 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) 34. 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) RESOLUTION USR12-0016 QUANAH CATTLE COMPANY, LLC PAGE 9 • 35. 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) 36. The property owner or operator shall be responsible for complying with the Livestock confinement operations Operation Standards of Section 23-4-350 of the Weld County Code. (Department of Planning Services) 37. Weld County personnel shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County regulations. (Department of Planning Services) 38. 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) 39. 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) S • EXHIBIT U11 II ;L. imp-•• • Motion: Amend Development Standards 13, 14, and 15 as stated by Staff, Moved by Mark Lawley, Seconded by Benjamin Hansford. Motion passed unanimously. Heidi Hansen, Public Works,reported on the conditions of approval and development standards included in the staff report. Staff has no concerns with this request. ► Richard Roos, 3525 CR 13, stated that they have operated a dog kennel for a number of years. In addition, he stores stone left over from his masonry business. There are no employees that come to the site for the masonry business. Clients come to the site by appointment only for the dog kennel. 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 read through the amended Development Standards and Conditions of Approval and if they are in agreement with those. The applicant replied that he is in agreement. Motion: Forward Case USR12-0007 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 Benjamin Hansford, Seconded by Alexander Zauder. Vote: Motion carried by unanimous roll call vote(summary: Yes=7). Yes: Alexander Zauder, Benjamin Hansford, Joyce Smock, Mark Lawley, Nick Berryman, Robert Grand, Thomas Holton. CASE NUMBER: USR12-0016 APPLICANT: QUANAH CATTLE COMPANY, LLC PLANNER: CHRIS GATHMAN 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 LIVESTOCK CONFINEMENT OPERATION(15,000 HEAD DAIRY CALF FACILITY) IN THE A(AGRICULTURAL)ZONE DISTRICT, LEGAL DESCRIPTION: E2SE4 AND PART OF NE4 OF SECTION 28, T5N, R64W OF THE 6T" P.M., WELD COUNTY,COLORADO. LOCATION: NORTH OF AND ADJACENT TO CR 52;WEST OF AND ADJACENT TO CR 55. Chris Gathman, Planning Services,presented Case USR-12-0016, reading the recommendation and comments into the record. Mr. Gathman noted that the portion north of the Lower Latham Ditch is located within the town limits of Kersey. The Town of Kersey,in their referral dated April 5,2012,had recommended approval of this proposed facility with a condition that roads located within the town limits of Kersey be included in the haul route as proposed in the Road Maintenance Agreement and that the Dust Control Plan be enforced. The Department of Planning Services recommends approval of this application with the attached conditions of approval and development standards. I► Heidi Hansen, Public Works, reported on the conditions of approval and development standards included in the staff report. A haul route will be established with the applicant. There is minimal traffic proposed with this request. Staff has no concerns with this request. Troy Swain, Environmental Health,reported on the conditions of approval and development standards included in the staff report. Staff has no concerns with this request. • D. Tim Naylor,AGPROfessionals,LLC,4350 Hwy 66, Longmont,Colorado,stated that he is representing Quanah Cattle Company. He added that this request is to convert an existing Butterball facility into a dairy calf 5 • facility. The existing poultry barns would be utilized as phases for the calves—from wet calves to weaning the calves and then ultimately to the growing barns. The Chair asked if there was anyone in the audience who wished to speak for or against this application. Kevin Chestnut, 27275 CR 52, Kersey, Colorado stated that the existing barns are in terrible shape and is concerned with the insulation and trash that is blown onto his property. Mr. Naylor responded to the concerns from Mr. Chestnut. He stated that the barns do need repair; however they intend to fix the buildings in order to house the calves. Robert Hodgen,JD Heiskill,stated that JD Heiskill,who is a parent company of Quanah Cattle Company is a 126 year family owned business. He added that they want to be a good neighbor. They purchased the facility in February 2012 and have invested some money in cleaning up the site. He assured the audience that they intend to repair the buildings upon approval of this application. The Chair asked the applicant if he read through the Development Standards and Conditions of Approval and if they are in agreement with those. The applicant replied that he is in agreement. Motion: Forward Case USR12-0016 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 Mark Lawley, Seconded by Alexander Zauder. Vote: Motion carried by unanimous roll call vote (summary: Yes= 7). Yes: Alexander Zauder, Benjamin Hansford, Joyce Smock, Mark Lawley, Nick Berryman, Robert Grand, Thomas Holton. • Benjamin Hansford commented that he would like to see the applicant and his neighbors to resolve these issues. Nick Berryman and Robert Grand echoed Mr.Hansford's comments and encouraged communication between the applicant and the neighbors. 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 had any further business to discuss. Meeting adjourned at 4:08 pm. Respectfully submitted, Digitally signed by Kristine Ranslem /!yjua� /u xe�, �� intd j , /„ m, Location:1555 N 17th Ave Date:2012.06.11 08:10:00-06'00' Kristine Ranslem Secretary • 6 Hello