HomeMy WebLinkAbout20101550.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
• RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Robert Grand,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: USR-1741
APPLICANT: Roswell & Kerry Checketts
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Use by Special Review permit for an
Agricultural Service Establishment primarily engaged in performing agricultural,
animal husbandry, or horticultural services on a fee or contract basis, including
a Livestock Confinement Operation (expansion of an existing dairy to a total of
1,400 animals, including milking cows, dry cows, heifers, and calves) in the A
(Agricultural)Zone District.
LEGAL DESCRIPTION: Lots A& B of RE-3556; located in Part of the S2 NW4 of Section '15,T4N,
R65W of the 6th P.M.,Weld County, Colorado.
LOCATION: East of and adjacent to CR 43 and approximately Yz mile north of CR 44.
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 proposed expansion of an existing dairy on the property. There is not an
existing use by special permit on the site. The applicant is proposing to add additional
pens to the east of the existing. Dairies are agricultural related uses. The Department of
Planning Services is requiring a Landscape and Screening Plan and a Lighting Plan be
submitted 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 as a Use by Special Review 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 surrounding properties are all zoned agricultural.
EXHIB
2010-1550 Q
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Resolution USR-1741
Roswell & Kerry Checketts
Page 2
•
The site is located in an agricultural area. The site is located within '/4 mile of four(4)single
family residences to the west and south. Two (2) additional single family residences are
located to the north. The Department of Planning Services is requiring a Landscape and
Screening plan and 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 will 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 not located within the three-mile referral
area of any municipality.
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 January 1, 2003, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11)
Effective August 1, 2005, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the
•
Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40)
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"Prime(Irrigated)"according to
the U.S.D.A. Soil Conservation Map, dated 1979. The use of the land 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.
Previously, the property was in violation (ZCV09-00247) due to the number of animal units exceeding the
amount allowed as a Use by Right in the A(Agricultural)Zone District without an approved and recorded Use
by Special Review permit(USR); however, the violation will be closed upon approval from the Board of County
Commissioners.
The Planning Commission recommendation for approval is conditional upon the following:
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 USR-1741. (Department of Planning Services)
• Resolution USR-1741
Roswell & Kerry Checketts
Page 3
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) County Road 43 is a collector road,which requires a 80-foot right-of-way at full build
out There is presently 60-feet of right-of-way. A total of 40-feet from the centerline of
County Road 43 shall be designated as future road right-of-way for County Road 43.
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) Please provide tracking control at the main and secondary accesses to prevent
tracking mud onto CR 43. Show and label the tracking control on the plat.
(Department of Public Works)
6) 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)
7) The approved Landscape and Screening Plan. (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 Planning Services)
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 address the concerns and requirements of the Weld County Department
of Public Works as outlined in their referral dated 10/27/2009. Written evidence that these
concerns have been addressed shall be submitted to the Department of Planning Services.
(Department of Planning Services)
E. Building permits shall be obtained for all existing structures on the property that have not
been permitted for which permits were required. (Department of Building Inspection)
F. Demonstrate that proposed open lot wastewater impoundments will meet the setbacks to
water wells and groundwater for new and expanded impoundments required by Colorado
Water Quality Control Commission Regulation Number 81 (6 CCR 1002-81), Section 81.8
•
(6)(a)&(b) and that the impoundment's liner(s) meet the seepage rate standards of
Section 81.8(2). Evidence of such shall be provided to the Departments of Public Health
and Environment and Planning Services. (Department of Public Health & Environment)
Resolution USR-1741
•
Roswell & Kerry Checketts
Page 4
G. Provide evidence that the facility has been registered as a Confined Animal Feeding
Operation (CAFO)with the Colorado Department of Public Health & Environment. Written
evidence of such shall be provided to the Department of Public Health and Environment
and Planning Services. (Department of Public Health & Environment)
H. The applicant shall apply for and obtain a commercial Individual Sewage Disposal System
(I.S.D.S.) permit for disposal of sanitary wastes from the milk parlor, and from restroom
facilities for employees and patrons of the facility. If the applicant intends to use the
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. Written evidence of such shall be provided
to the Department of Planning Services. (Department of Public Health & Environment)
The applicant shall submit a Landscape Plan/Screening Plan to the Department of Planning
Services for review and approval. The applicant shall place "plant material" or other
acceptable screening material to mitigate the impacts of the facility from adjacent properties.
Further,the applicant shall adhere to all landscape requirements of Section 23-3-350.G.1 and
Section 23-3-350.G.2 of the Weld County Code. Upon approval, the Landscape and
Screening Plan shall be placed on the plat. (Department of Planning Services)
J. The applicant shall submit a Private Improvements Agreement according to policy regarding
collateral for improvements and post adequate collateral for landscaping and parking
improvements. The applicant shall submit to the Department of Planning Services an
itemized landscaping bid for review. The agreement and form of collateral 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)
K. 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)
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 sixty (60) 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 2005-7 approved June 1, 2005, should the plat not
be recorded within the required sixty(60)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)
Motion seconded by Alexander Zauder.
•
Resolution USR-1741
•
Roswell & Kerry Checketts
Page 5
VOTE:
For Passage Against Passage Absent
Robert Grand
Bill Hall
Tom Holton
Alexander Zauder
Erich Ehrlich
Roy Spitzer
Mark Lawley
Nick Berryman
Jason Maxey
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission,do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
• Colorado, adopted on July 6, 2010.
Dated the 6`" of July, 2010.
Kristine Ranslem
Secretary
•
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
• Roswell & Kerry Checketts
DEVELOPMENT STANDARDS
USR-1741
1. A Site Specific Development Plan and Special Review Permit for an Agricultural Service
establishment primarily engaged in performing agricultural,animal husbandry or horticultural services
on a fee or contract basis including a Livestock Confinement Operation (expansion of an existing
dairy to a total of 1,400 animals including milking cows, dry cows, heifers and calves) 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. Equipment operations, trucks, farming activities and
maintenance activities, other than emergencies, will occur primarily during daylight hours.
(Department of Planning Services)
4. The total number of on-site employees shall be limited to seventeen (17). (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 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)
8. Any 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)
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 USR-1741
Roswell& Kerry Checketts
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. The facility shall adhere to the maximum permissible noise levels allowed in the Light Industrial
Zone as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health &
Environment)
19. Adequate drinking water, hand washing, and toilet facilities shall be provided for employees and
patrons of the facility. (Department of Public Health & Environment)
20. If applicable, a stormwater discharge permit shall be obtained from the Colorado Department of
Public Health and Environment, Water Quality Control Division for construction activities.
(Department of Public Health & Environment)
21. 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)
22. A plan review is required for each building or structure for which a building permit is required. Two
• complete sets of plans are required when applying for each permit. Include a Code Analysis Data
sheet for the Weld County Building Department for each structure that requires a permit. Submittal
plans shall include a floor plan showing the specific uses of each area for the building. Plans shall
bear the wet stamp of a Colorado Licensed Architect or Engineer. (Department of Building Inspection)
Resolution USR-1741
Roswell&Kerry Checketts
Page 8
23. Buildings 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
Fuel Gas Code; 2006 International Energy Code; 2003 ICC ANSI 117.1 Accessibility Code; 2008
National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building
Inspection)
24. All building plans shall be submitted to the LaSalle Fire Department for review and approval prior to
issue of building permits. (Department of Building Inspection)
25. Prior to release of building permits, a letter from the LaSalle Fire District shall be provided to the
Department of Building Inspection indicating whether or not a Fire District permit is required.
(Department of Building Inspection)
26. The historical flow patterns and run-off amounts will be maintained on site in such a manner that it
will reasonably preserve the natural character of the area and prevent property damage of the
type generally attributed to run-off rate and velocity increases, diversions, concentration and/or
unplanned ponding of storm run-off. (Department of Public Works)
27. 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)
4111 28. The applicant shall utilize the existing accesses to the parcel. (Department of Public Works)
29. 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)
30. The applicant shall adhere to the approved Landscape and Screening Plan. (Department of
Planning Services)
31. The applicant shall adhere to the approved Lighting Plan. (Department of Planning Services)
32. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to
the fee structure of the County Road Impact Program. (Ordinance 2002-11) (Department of Planning
Services)
33. Effective August 1, 2005, Building Permits issued on the proposed lots will be required to adhere to
the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee.
(Ordinance 2005-8 Section 5-8-40) (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)
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)
Resolution USR-1741
Roswell&Kerry Checketts
Page 9
• 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)
•
•
-7 -aoID
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
•
Tuesday, July 6, 2010
A regular meeting of the Weld County Planning Commission was held in the Weld County Department of
Planning Services, Hearing Room, 918 10th Street, Greeley, Colorado. The meeting was called to order by
Chair, Tom Holton, at 1:30 p.m.
ROLL CALL ABSENT
Tom Holton -Chair
Mark Lawley-Vice Chair
Nick Berryman
Erich Ehrlich
Robert Grand
Bill Hall
Roy Spitzer
Alexander Zauder
Jason Maxey
Also Present: Chris Gathman and Tom Parko, Department of Planning Services; Don Carroll and Heidi
Hansen, Department of Public Works; Lauren Light, Department of Health; Bruce Barker, County
Attorney, and Kris Ranslem, Secretary.
Robert Grand moved to approve the June 1, 2010 Weld County Planning Commission minutes, seconded
by Nick Berryman. Motion carried.
• The Chair read the first case into record.
CASE NUMBER: AmUSR-64
APPLICANT: The General Assembly and Church of the First Born
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Amended Use by Special Review for a
Church in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: Part NW4 of Section 29,T2N, R66W of the 6th P.M., Weld County, Colorado.
LOCATION: South of and adjacent to CR 18 and approximately 1,100 feet east of State
Hwy 85.
Chris Gathman, Planning Services, commented that the Department of Planning Services is recommending
an indefinite continuance for this case as the applicants are still working on meeting mineral notice
requirements. In addition, after conversation with their representative Mr. Gathman said that he is not sure of
what time frame they are planning on proceeding with this application. He added that he will continue to keep
in contact with the applicants.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Roy Spitzer moved that Case AmUSR-64 be continued indefinitely, seconded by Ehrlich. Motion carried
unanimously. OBIT
The Chair read the next case into record.
CASE NUMBER: USR-1741 ( �
APPLICANT: Roswell & Kerry Checketts 1
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Use by Special Review permit for an
• Agricultural Service Establishment primarily engaged in performing agricultural,
animal husbandry, or horticultural services on a fee or contract basis, including
a Livestock Confinement Operation (expansion of an existing dairy to a total of
1
1,400 animals, including milking cows, dry cows, heifers, and calves) in the A
•
(Agricultural)Zone District.
LEGAL DESCRIPTION: Lots A&B of RE-3556; located in Part of the S2 NW4 of Section 15, T4N,
R65W of the 6th P.M.,Weld County, Colorado.
LOCATION: East of and adjacent to CR 43 and approximately 1/2 mile north of CR 44.
Chris Gathman, Planning Services, commented this application is for a dairy expansion up to a total of 1,400
animals. This is presently a zoning violation (ZCV09-00247) issued due to the number of animal units
exceeding the amount allowed as a use by right in the agricultural zone district. This case was heard by the
Board of County Commissioners on December 8, 2009 and legal action was delayed until February 8, 2010.
Since then a complete Use by Special Review Permit Application has been submitted. This application, if
approved, will correct the zoning violation.
The site is located in an agricultural area. The site is within one-quarter mile of four (4) single family
residences to the west and south. Two additional single family residences are located to the north. The
Latham View Subdivision is located approximately one-quarter to one-half mile further to the north of the site.
The Department of Planning Services is requiring a Landscape and Screening Plan as well as a Lighting Plan
be submitted to address impacts from the expansion of the feedlot to the surrounding area. In addition
Department of Planning Services is also requiring that the applicant adhere to specific development standards
imposed by the County as well as Confined Animal Feeding Operation Regulations. This is to help ensure that
the facility is operating in compliance with numerous conditions that would not be required for a facility
operating as a use by right.
Fourteen referrals were sent out for review;eight referrals have been received and either indicated no conflicts
with their interests or have been addressed through conditions of approval and/or development standards.
Two letters of opposition from neighboring landowners have been received listing the following concerns:
• • Groundwater impacts
• Concerns with excessive flies
• Impacts on property values
• Substantial expansion of the facility would create compatibility issues with existing residential
development in the area
• Inadequate buffering and landscaping between uses
• There are existing larger dairies that are more appropriate for expansion in more rural areas than this
dairy
• Proximity to the LaSalle secondary growth boundary
• Located within the boundary of the Town of LaSalle Transportation Plan
The Town of LaSalle did provide a referral response in regard to this case. They indicated that the proposed
facility expansion is located within the three-mile referral area of the Town of LaSalle but is not within the
Urban Growth Boundary as delineated in the LaSalle/Weld County Coordinated Planning Agreement adopted
by Weld County and codified under Chapter 19 of the Weld County Code.
This site is located one-quarter mile to the south of the edge of the existing secondary growth boundary for the
Town of LaSalle. The Town of LaSalle in their referral response dated June 24, 2010 indicated that the dairy
expansion could lessen the desirability for estate residential development in the primary and secondary growth
boundaries for the Town of LaSalle. Additionally, concerns were expressed that it may be difficult to
determine if odor nuisances are caused by this operation given the number of other feedlots and dairies within
a two-mile radius of this site. It was also mentioned that the dairy expansion could impact the Town of LaSalle
Transportation Plan which is expected to be completed in July. The Town of LaSalle encourages the County
to require deadlines for the applicant to demonstrate the conditions of approval for this Use by Special Review
Permit. Mr. Gathman indicated that a condition of approval is attached which requires the applicant to attempt
to address the conditions of the Town of LaSalle. He reiterated that this site is not located within the Urban
• Growth Boundary of LaSalle so the provisions in the IGA in regard to non-urban development in an urban area
do not apply in this location.
2
• The Department of Planning Services is requiring that conditions of approval be addressed and the plat be
submitted for recording no later than sixty(60)days after the Board of County Commissioners hearing,should
it be approved. Should these conditions not be addressed and completed within sixty (60) days, the
Department of Planning Services recommends that this case proceed through the violation process.
The Department of Planning Services recommends approval of this application along with the attached
conditions of approval and development standards.
Troy Swain, Environmental Health, noted the conditions of approval with regard to design construction of the
facility and development standards regarding the operations of the facility.
Heidi Hansen, Public Works, commented that the applicants will be utilizing the existing accesses onto County
Road 43 which is classified as a collector roadway. The most recent count from June 6, 2010 indicates 544
vehicles per day on that road. Tracking control is requested on the main and secondary accesses to prevent
tracking onto County Road 43. Because the applicants are required to comply with the Colorado Confined
Animal Feeding Operations, the State will be dictating the stormwater drainage and detention requirements.
Tim Naylor, AGPROfessionals, 4350 Hwy 66, Longmont CO, commented that he is representing Marcellina
Dairy owned by Roswell and Kerry Checketts. He stated that this request is to approve a Special Use Permit
for an existing dairy to continue milking 600-700 cows and allow 1,400 total animals including milking cows,
dry cows, heifers, and calves on an 80 acre parcel.
The facility activities include milking dairy cows, feeding, housing and raising replacement stock, storing and
processing feed, storing and maintaining dairy and farm equipment and farming. The facility includes a dairy
parlor, equipment storage buildings, corrals, waste management structures, maintenance equipment, and
employee housing.
• The proposed changes to the existing facility include a new entrance location on the north side of the pens.
Currently they are using an entrance at the south end and are proposing to move it to the north. Historically
there have been concerns with the neighbors about the traffic entering at the south entrance; therefore this
north entrance will eliminate dairy traffic that is currently using the south entrance.
The dairy will continue to milk the same number of cows. The applicants are proposing to move the pens for
the young animals and comply with the regulations. The new regulations require that the existing sediment
basin and wastewater pond be designed and constructed to engineered specifications to comply with the latest
environmental regulations. Manure storage in the southeast corner will be moved and all manure storage will
typically remain inside the corrals or upgradiant to the pond. All other buildings will remain in use and no
additional buildings will be built at this time.
The dairy is located in a historically agricultural area. The surrounding area includes hay, corn and other
production farm ground.
The intent of the agricultural zone seems obvious but the specific language is important. The ag zone is
established to promote agriculture as an essential feature of the County. It is specifically intended to provide
areas for the conduct of agricultural activities and production without the interference of other incompatible
land uses. The ag zone is specifically set up for these operations as an area where these operations can be
protective of the public health, safety and welfare of the present and future residents.
The applicant's plans have been submitted and reviewed by staff and numerous referral agencies and found
adequate for the recommendation of approval.
Mr. Naylor reminded the Planning Commission that this facility is not starting from scratch. The facility
currently exists and is allowed to have 640 head of cattle as a use by right facility. Granting this Special Use
Permit versus a use by right allows control for the County, more security for the community, certainty for the
• Checketts family, and it also gives controlled impact to a localized operation in an area where the impacts and
awareness already exist in the ag zone district.
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Commissioner Maxey asked how long the dairy has been in operation. Mr. Naylor said it started operation in
•
2004. Mr. Maxey clarified if they are currently approved for 640 head of cattle. Mr. Naylor said that as a use
by right they are allowed to have 640 head of cattle on 160 contiguous acres; however there is currently 1000
head of cattle.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Beverly Orr indicated that she lives next door to the dairy. She stated that they do not want an expansion of
this facility in no way, not one cow or calf more. This is not an industry. They have lived in their home for
almost 30 years and never dreamed of anyone being able to move in next to them and do nothing but take
away from them. There have always been fields of corn, potatoes, alfalfa or just pasture there and they
always thought this was what would always be there. Ms. Orr indicated that property values have plummeted
already because of the facility. She stated that the problem you have dealing with flies and odor begins at the
dairy and should end there. Since the dairy has enlarged the pens they haven't been kept as clean as they
were. Ms. Orr stated that the noise early in the morning wakes them up and the applicant's don't consider that
other people are sleeping. She added that she is also worried that their well will be contaminated.
Ms. Orr commented that the truck traffic is a big problem at times. She added that the delivery vendors seem
to run down their posts at least once a year and if they think that they cannot make it into the dairy's entrance
they drive on her property.
In Ms. Orr's opinion, dairies should always have, without exception, a unanimous permission to plop a dairy
down in a close established neighborhood. There is plenty of dryland acreage where your neighbors are few
and far between.
Vladimir Boiko, 21876 CR 43, LaSalle, CO, commented that when he bought his property in 2000 there was
no dairy there. He purchased 78 acres and has subdivided it into the 50 acres where he resides, one
• residence on 25 acres and another residence on 2 acres. His intention was to sell the 2 acre lot and use that
as fee money to develop the 25 acres. The development of the area since he has been there has been
residential. There is an existing PUD (5 acre lots) 1/4 to 'A mile to the north
Lowell Roberts, 22014 CR 43, commented that he lives'/ mile north of the dairy. Mr. Roberts stated that he
also has the smell and fly problems. When they purchased the property in 2001, they researched it quite a bit
to make sure there wasn't a facility like this in the area. This facility has come in since they purchased the
property and understands that in Weld County there is a Right to Farm; however he believed that the right to
farm is the number of permitted cattle on a use by right.
Mike Sigg, 22350 Latham View Drive, wished to echo the prior comments and pointed out that the Latham
View Estates, which includes 4 residences, is located north of this site.
The Chair closed the public portion of the hearing.
Commissioner Lawley asked Mr. Naylor if he anticipates the pest and odor problems to decrease with the new
management plan to be put in place. Mr. Naylor said yes and believes that the new storm waste pond should
be better and management of the cleanliness will be beneficial to that facility.
Commissioner Holton asked about the south entrance. Mr. Naylor said they recognized the problem with the
south entrance; therefore they designed the facility with the main entrance on the north side of the pens which
will eliminate driving on Ms. Orr's property.
The Chair asked the applicant if they 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.
Robert Grand moved that Case USR-1741, be forwarded to the Board of County Commissioners along with
• the Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, seconded by Alexander Zauder.
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The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
•
Berryman,yes; Erich Ehrlich, yes with comment; Robert Grand,yes with comment; Bill Hall,absent;Alexander
Zauder,yes; Jason Maxey, yes; Roy Spitzer,yes with comment; Mark Lawley, yes;Tom Holton, yes. Motion
carried unanimously.
Robert Grand commented that these are tough issues but we need to respect the property owners and their
right to farm in Weld County in the agricultural areas. He added that he hopes that the dairy will continue to
maintain a process of good management to minimize the impact on the neighbors.
Commissioner Spitzer commented that as we see more residential development in these areas the
management of these facilities will need to be better done to ensure that the neighbors don't have to fight with
the flies and odor.
The Chair read the next case into the record.
CASE NUMBER: USR-1739
APPLICANT: Carma Bayshore, LLC Go Kerr-McGee Oil and Gas Onshore, LP
PLANNER: Tom Parko
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for an Oil
and Gas Production Facility in a PUD with E (Estate), C-1, C-2 (Commercial),
and R-1, R-2, R-3, and R-4 (Residential)Zone Districts.
LEGAL DESCRIPTION: Lot B AmRE-1140 being part of the E2NW4/NW4NW4 and Part N2NE4 of
Section 36,T3N, R68W of the 6th P.M., Weld County, Colorado.
LOCATION: South of and adjacent to CR 28;west of and adjacent to CR 13.
Tom Parko, Planning Services, commented that the this application is a request to allow the use of two
• existing drill sites to directional drill nine (9) wells and augment the existing production facility utilizing low
profile tanks for water and oil storage, three separators, meter house, one emission control device and one
vapor recover unit.
Kerr McGee Onshore and the developer, Carma, have executed a Memorandum of Understanding for all wells
placed within this approved PUD.
The existing site is located within the three-mile referral area for the Towns of Firestone and Mead and the
City of Longmont.
The City of Longmont responded and indicated in their referral dated March 23, 2010 that they have reviewed
the request and find no conflicts with their interests. The Town of Mead in their referral dated March 29,2010
stated concerns with the truck route. The Town of Mead also had concerns with transportation infrastructure,
the maintenance of roads, culverts and bridges. No comments were received from the Town of Firestone.
The surrounding property to the west, north and east is currently in agricultural production and is part of the St.
Vrain Lakes PUD. To the south are platted estate lots for the Pelican Shores PUD.
The conditions of approval and development standards ensure that there are adequate provisions in place to
address the concerns of adjacent and surrounding property owners.
Fourteen referral agencies have reviewed the case and five offered comments; some with specific conditions
that have been incorporated into this recommendation. No letters or telephone calls have been received
concerning this case.
The Department of Planning Services recommends approval of this application with the attached conditions of
approval and development standards.
• Commissioner Holton noticed that there were no hours of operation listed in the development standards. He
added that if this will be surrounded by several residences he suggested that after the wells are completed the
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, June 1, 2010
A regular meeting of the Weld County Planning Commission was held in the Weld County Department of
Planning Services, Hearing Room, 918 10th Street, Greeley, Colorado. The meeting was called to order by
Chair, Tom Holton, at 1:30 p.m.
ROLL CALL ABSENT
Tom Holton -Chair
Mark Lawley-Vice Chair
Nick Berryman
Erich Ehrlich
Robert Grand
Bill Hall
Roy Spitzer
Alexander Zauder
Jason Maxey
Also Present: Kim Ogle, Chris Gathman, Michelle Martin, Department of Planning Services; Heidi Hansen,
Department of Public Works; Lauren Light and Mary Evett, Department of Health; Bruce Barker, County
Attorney, and Kris Ranslem, Secretary.
Robert Grand moved to approve the May 18, 2010 Weld County Planning Commission minutes, seconded by
Bill Hall. Motion carried.
The Chair asked to amend the agenda to move Case USR-1741 after AmUSR-64. Bill Hall moved to amend
• the agenda, seconded by Robert Grand.
The Chair read the first case into record.
CASE NUMBER: AmUSR-64
APPLICANT: The General Assembly and Church of the First Born
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Amended Use by Special Review for a
Church in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: Part NW4 of Section 29, T2N, R66W of the 6th P.M., Weld County, Colorado.
LOCATION: South of and adjacent to CR 18 and approximately 1,100 feet east of State Hwy
85.
Chris Gathman, Planning Services, commented that staff is recommending that this case be continued to the
July 6, 2010 Planning Commission meeting to allow the applicant time to address the 30 day mineral notice.
The Chair read the next case into record.
CASE NUMBER: USR-1741
APPLICANT: Roswell& Kerry Checketts
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Use by Special Review permit for an
Agricultural Service Establishment primarily engaged in performing agricultural,
animal husbandry, or horticultural services on a fee or contract basis, including
a Livestock Confinement Operation (expansion of an existing dairy to a total of
1,400 animals, including milking cows, dry cows, heifers, and calves)in the A
(Agricultural)Zone District.
LEGAL DESCRIPTION: Lots A& B of RE-3556; located in Part of the S2 NW4 of Section 15,T4N,
R65W of the 6th P.M.,Weld County, Colorado.
•
LOCATION: East of and adjacent to CR 43 and approximately 1/2 mile north of CR 44.
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Chris Gathman, Planning Services, commented that staff recommends that this case be continued so that
• referral notification can be sent to the Town of LaSalle as they would like to review this case at their June 15,
2010 hearing.
The Chair asked if there was anyone in the audience who wished to speak for or against these two
applications. No one wished to speak.
Robert Grand moved to continue AmUSR-64 and USR-1741 to the July 6, 2010 Planning Commission
meeting, seconded by Mark Lawley. Motion carried unanimously.
The Chair read the following case into record.
CASE NUMBER: USR-1725
APPLICANT: Brian & Susan Williams
PLANNER: Michelle Martin
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Use
Permitted as a Use by Right or Accessory Use in the Commercial Zone District
(landscaping business) in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: Lot A RE-1168 being part of the NW4 SW4 of Section 21,T4N, R67W of the
6th P.M.,Weld County, Colorado.
LOCATION: East of and adjacent to CR 17 and approximately 1/4 mile north of CR 42.
Michelle Martin, Planning Services, commented that the surrounding property to the north,east and west have
been annexed by the Town of Johnstown. The property is located within the three mile referral area for the
Towns of Johnstown, Berthoud, and Milliken. The Town of Johnstown in their referral dated December 22,
2009 stated,"The landscaping business has been in place for some time(presumably with county approval)
and we have not heard of complaints or conflicts. However, the use adjoins undeveloped property that is
designated in our Comprehensive Plan as Residential and is zoned PUD-R and platted (Willow Creek
• preliminary)for single family detached residential. This type of use is considered commercial/light industrial
and is not compatible with residential. We strongly suggest that the Special Review Use be subject to periodic
review and that the USR expire within one year of approval by Johnstown of a residential subdivision final plat
on the adjoining property." The Town of Berthoud in there referral dated March 12, 2010 and December 15,
2009 had no comments. The Weld County Department of Planning Services has not received a referral from
the Town of Milliken.
Development standard#3 states that the Special Use Permit shall not be transferable to any successors in
interest to the prescribed property and shall terminate automatically upon conveyance or lease of the property
to others for operation of the facility.
The Department of Planning Services has contacted the Town of Johnstown to gather more information on
when this subdivision (Willow Creek) might be slated for development and they indicated that they did not
know at the time.
Currently the property is in violation (ZCV09-00041) for the operation of a landscaping business without an
approved and recorded Use by Special Review permit (USR). If the USR is approved, the violation will be
closed.
Fourteen referral agencies reviewed this case; nine responded favorably or included conditions that have been
addressed through development standards and conditions of approval. No comments were received from
Weld County Sheriff's office, Town of Milliken, Little Thompson Water District, and the Johnstown Fire
Protection District.
Lauren Light, Environmental Health, stated that water is provided by Little Thompson Water District. There is
an existing septic system for the house. In February 2009 the applicant applied for a permit to tie into the
shop. They had an engineer do an evaluation for them; however the engineer's evaluation was not complete
• so the permit is active but has not been issued because the engineer needs to do some additional work on
that.
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