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Home My WebLink About20092069.tiffINVENTORY OF ITEMS FOR CONSIDERATION Applicant JI Johnson (JF Cattle) Case Number l 3rd AMUSR-1282 Submitted or Prepared Prior to At Hearing Hearing 1 Staff Comments X Department of Planning Services Field Check Form X Letter to Applicant X Legal Notifications X 2 Application X Maps X Deed/ Easement Certificate X Surrounding Property / Mineral Owners X Utilities X - 3 Referral List X Referrals without comment / X Weld County Sheriffs Office referral received 4/15/2009 X Greeley No. 2 Ditch referral received 4/13/2009 X USDA APHIS Veterinary Services referral received 4/15/2009 X Weld County Agricultural Extension referral received 5/13/2009 X 4 Referrals with comments X "Weld County Department of Public Works referral received 4/15/2009 (3 pages) X Weld County Department of Public Health and Environment referral received 5/11/2009 X Weld County Department of Building Inspection referral received 5/8/2009 X ..' Weld County Zoning Compliance Officer referral received 4/9/2009 X Galeton Fire Protection District referral (no received date) X ,/ West Greeley Soil Conservation District referral received 5/7/2009 X ✓ Petro -Canada letter and map referral received 7/6/2009 (2 pages)! h' 9J (r 11: X 5 Surrounding Property Owners/Mineral Owners - Letters 6 PC Exhibit 6A Sign posting affidavit X 6B E-mail from Debbie Warehime received 7/2/2009 X 6C E-mail from Debbie Warehime received 7/30/2009 X 6D Letter to Petro -Canada Resources from AGPROfessionals, LLC received 7/6/2009 X 7 P-lanning-Gemmis iun Reaotution - EXHIBIT I A 2009-2069 �' U.'-1242- • • • I hereby certify that the 18 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commissioners hearing. 4:„ auh,_ Chris Gathman Planner • • Paz, COLORADO Case Number: Applicant: LAND USE APPLICATION SUMMARY SHEET 3rd AMUSR-1282 Hearing Date: July 7, 2009(continued to August 4, 2009) John & Dorothy Johnson CIO Tim Naylor, AGRPROfessionals, LLC 4350 State Highway 66, Longmont, CO 80504 Situs Address: 23016 County Road 74 Request: Legal Description: Location: Size of Parcel: A Site Specific Development Plan and Third Amended 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 Livestock Confinement Operations (a livestock feeding operation for a total of 11,240 head of cattle including a dairy operation and 20 horses, an additional milk parlor, office/scale house, additional pens, and removing the limit of 2,000 dairy cattle (out of the 11,240 head total) associated with the operation amended to include: a new pond for stormwater and effluent storage, new sediment basin, commodity area and expansion of the compost area) in the A (Agricultural) Zone District Lot B of AMRE-499, Lot B of RE -3535, Lot A of AMRE-3535, and Lot A of RE - 3705; located in the NW4, the SW4NE4 and the N2SE4 of Section 1, Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado East of and adjacent to County Road 47 and south of and adjacent to County Road 74 +/- 213 acres 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. With Comments: • Weld County Zoning Compliance, referral received 4/9/2009 • Weld County Department of Public Health and Environment, referral received 5/11/2009 • Weld County Department of Public Works, referral received 4/15/2009 • Weld County Department of Building Inspection, referral received 5/8/2009 • Galeton Fire Protection District (no date on referral) • West Greeley Soil Conservation District, referral received 5/7/2009 • Petro -Canada Resources Inc., referral received 7/6/2009 • • • • Without Comments: • USDA -APHIS Veterinary Service, referral received 4/15/2009 • Weld County Sheriffs Office, referral received 4/15/2009 • Greeley No. 2 Ditch, referral received 4/10/2009 • Agricultural Extension Service, referral receive 5/13/2009 The following agencies have not responded: • Colorado Division of Wildlife • Office of the State Engineer — Division of Water Resources Johnson (JF Cattle) — 3rd AMUSR-1282 2 • • • At ,4w, WIDs SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW Planner: C. Gathman Case Number 3rd AMUSR-1282 Hearing Date: July 7, 2009 Applicant: John Johnson — JF Cattle c/o Tim Naylor, AGRPROfessionals, LLC 4350 Highway 66, Longmont, CO 80504 Situs Address: 23016 County Road 74 Request: Legal Description: A Site Specific Development Plan and Amended 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 Livestock Confinement Operations (a livestock feeding operation for a total of 11,240 head of cattle including a dairy operation and 20 horses, an additional milk parlor, office/scale house, additional pens, and removing the limit of 2,000 dairy cattle (out of the 11,240 head total) associated with the operation amended to include: a new pond for stormwater and effluent storage, new sediment basin, commodity area and expansion of the compost area) in the A(Agricultural) Zone District Lot B of AMRE-499, Lot B of RE -3535, Lot A of AMRE-3535, and Lot A of RE - 3705; located in the NW4, the SW4NE4 and the N2SE4 of Section 1, Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado Location: East of and adjacent to County Road 47 and south and adjacent to County Road 74 Parcel Size: +/- 213 acres Parcel Number(s): 080301000056, 080313000091, 080301300092 & 080301300089 Summary: This proposed third amended USR application is to address changes to the Johnson Dairy facility since 2o° AMUSR-1282 was approved by the Board of County Commissioners in December of 2006. Under this proposal the applicant is proposing to expand the composting area approximately 700 - feet to the south and approximately 1,000 feet to the southeast of the previously approved composting/manure storage area. The applicant is also proposing to add a 1,150 x 300 foot pond and sediment basin to increase stormwater/effluent storage on site. The applicant has also purchased an adjacent property along the southwestern border of the existing USR and is incorporating this into the boundaries of this third amended USR. This will increase the area of the USR by approximately 11 acres. THE 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 22-2-20A. A.Goal 1. states: "Respect and encourage the continuation of agricultural land uses and agricultural operations for purposes which enhance the economic health and sustainability of agriculture." Section 22-2-20.6 A.Policy 2.3. states: "Encourage development of agriculture and agriculturally related businesses and industries in underdeveloped areas where existing resources can support a higher level of economic activity. Agricultural businesses and industries include those related to ranching, confined animal production, farming, greenhouse industries, landscape production and agri-tainment or agri-tourism uses." • This application is to address proposed changes (expansion of the composting area to the south and east and the construction of an additional waste water pond) to an existing 11,240 head dairy operation. 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 (dairies) 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 site is agricultural in character with existing residences located in close proximity to the east and south of the site. There are three existing residences located within 500 -feet east of the site (across the Greeley No. 2 Canal), there is also an existing residence located west of and adjacent to and across the street from the feed storage area and composting area for the dairy. There is another existing residence located approximately 650 -feet from the edge of the new pond. Three (3) other residences are located approximately 1,000 to 1,200 feet to the south and southeast of the proposed expanded composting area and pond. The applicant is required to submit a Landscape and Screening Plan demonstrating how they have mitigated the impact to the neighboring residences to the south. This requirement is consistent with the requirements of the previous amendment (2nd AMUSR-1282) which also permitted the applicant to expand the facility to the south and west. The applicant will also be required to demonstrate that existing lighting on -site is downcast and shielded in compliance with Section 23-2-250.D of the Weld County Code. 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 Johnson (JF Cattle) — 3rd AMUSR-1282 4 • d. facility operating as a use -by -right. Conditions of Approval and Development Standards will ensure that the operation is compatible with existing surrounding land uses. 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 not located within the three-mile referral area of any municipalities. e. Section 23-2-220.A.5 -- The site does not lie within any Overlay Districts. f g • 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 subject site 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) 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 majority of the site is designated "Prime" with a portion of the site designated as "irrigated non -prime" according to the U.S.D.A. Soil Conservation Map, dated 1979. The majority of the site is covered with existing improvements related to the dairy. 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. 1. Prior to recording the plat: Each sheet of the plat shall be labeled 3rd AMUSR-1282. (Department of Planning Services) B. The applicant shall submit a Landscape/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 to the south and east of the site. Upon approval, the Landscape Plan shall be placed on the plat. * This condition was approved for the previous amendment to this dairy facility (under 2n° AMUSR-1282). (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 applicant shall demonstrate that the existing lighting onsite complies with the lighting standards, in accordance with Section 23-3-360.F and Section 23-2-250.D of the Weld County Code. (Department of Planning Services) • • • • There is an existing road system east of the concrete ditch this is being utilized for feed alley access at many locations. The applicant shall work with the Weld County Department of Public Works to minimize access points that are not crucial to the operation. Any access points not required shall be removed and not be indicated on the plat. Written evidence of such shall be provided to the Department of Planning Services. (Department of Public Works) E. The applicant shall attempt to address the requirements of the Galeton Fire Protection District (Chief Tom Moore) as stated in their (undated) referral response. Evidence of such shall be provided to the Department of Planning Services. (Galeton Fire Protection District) F. The applicant has not delineated any on -site sign(s). If on -site sign(s) are desired the signs shall adhere to Article IV Division 2 of the Weld County Code as it related to signs in the A (Agricultural) Zone District. Further, the location of the sign, if applicable shall be delineated on the USR plat. (Department of Planning Services) G. The applicant shall provide documentation, prepared by a Colorado Registered Professional Engineer, that all wastewater impoundments for the confined animal feeding operation (CAFO) meet seepage rate standards of Colorado Water Quality Control Commission Regulation 81. (Department of Public Health) H. Provide evidence that a Standard Operating Procedure for sludge and manure removal (cleaning of impoundments to maintain capacity) has been submitted for approval to the Colorado Water Quality Control Division required by Colorado Water Quality Control Commission Regulation Number 81. Written evidence of approval shall be provided to the Departments of Planning Services and Health. (Department of Public Health and Environment) Applicant must amend the Management Plan for Nuisance Control to include a specific commitment to water and/or treat the internal haul roads for dust control. The applicant shall commit to additional and ongoing efforts to minimize stormwater run-on from adjacent property. Evidence of such shall be provided to the Departments of Public Health and Environment and Planning Services. (Department of Public Health and Environment) J. The applicant shall either submit a copy of an agreement with the property's mineral owner/operators stipulating that the oil and gas activities have been adequately incorporated into the design of the site or show evidence that an adequate attempt has been made to mitigate the concerns of the mineral owner/operators. Drill envelopes can be delineated on the plat in accordance with the State requirements as an attempt to mitigate concerns. (Department of Planning Services) K. The applicant shall enter into an Improvements Agreement according to policy regarding collateral for improvements and post adequate collateral for all required materials (landscaping/screening improvements). The agreement and form of collateral shall be reviewed by County Staff and accepted by the Board of County Commissioners prior to recording the USR plat. (Department of Planning Services) Johnson (JF Cattle) — 3rd AMUSR-1282 6 • L. The plat shall be amended to delineate the following: 1. The attached Development Standards. (Department of Planning Services) 2. County Roads 47 and 74 are designated on the Weld County Road Classification Plan as major arterial roads, which require 140 feet of right-of-way at full build out (70 -feet from the centerline of County Road 47 and 74). A total of 70 -feet from the centerlines of County Roads 47 and 74 shall be delineated on the plat as future County Road 47 and 74 right-of-way. The applicant shall verify 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. If the right-of-way cannot be verified, it shall be dedicated. These roads are maintained by Weld County. (Department of Public Works) 3. The approved Lighting Plan. (Department of Planning Services) 4. The approved Landscape/Screening Plan. (Department of Planning Services) 5. Any approved signs. (Department of Planning Services) 6. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. (Department of Planning Services) • • K. The applicant shall submit three (3) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. (Department of Planning Services) 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. The Department of Planning Services respectively requests the surveyor provide a digital copy of this Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to mapsta7co.weld.co us. (Department of Planning Services) 4. Prior to Release of Building Permits: A. 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) B. A plan review shall be approved and a permit must be issued prior to the start of construction. (Department of Building Inspection) • • C. A letter from the Galeton 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) 5. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. (Department of Planning Services) Johnson (JF Cattle) — 3rd AMUSR-1282 8 • SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS (Johnson) JF Cattle 3rd AMUSR-1282 A Site Specific Development Plan and Amended 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 Livestock Confinement Operations (a livestock feeding operation for a total of 11,240 head of cattle including a dairy operation and 20 horses, an additional milk parlor, office/scale house, additional pens, and removing the limit of 2,000 dairy cattle (out of the 11,240 head total) associated with the operation amended to include a new pond for stormwater and effluent storage, new sediment basin, commodity area and expansion of the compost area) 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. 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) • • 4. There shall be no parking or staging of vehicles on County Roads. Utilize on -site parking. (Department of Public Works) 5. The off-street parking spaces including access drive shall be surfaced with gravel, asphalt, concrete or the equivalent and shall be graded to prevent drainage problems. Each space shall be equipped with wheel guards or curb stops where needed to prevent vehicles from extending beyond the boundaries of the space and coming into contact with other vehicles, walls, fences, or plantings. (Department of Public Works) 6. Employees shall utilize the existing parking locations adjacent to the existing milking parlors and scale house area. (Department of Public Works) Dust suppressant chemical shall be applied to County Road 47 no less than twice a year or more often as determined by the Weld County Public Works Motor Grader Supervisor. (Department of Public Works) 8. The operation shall be limited to a total of one -hundred (100) employees. (Department of Planning Services) 9. Semi tractor -trailers picking up milk shall be limited to 15 per 24 -hour period and semi -trailer commodity trucks (feed/compost) shall be limited to 15 per day from 7:00 A.M. to 5:00 P.M. (Department of Planning Services) 10. The hours of operation in the milking parlors and related facilities will be 24 hours a day, 365 days a year. Equipment operations, trucks, farming activities and maintenance activities other than emergencies will occur primarily during daylight hours as stated in the application. (Department of Planning Services) • • • 11. The facility shall operate in compliance with Colorado Water Quality Control Commission Regulation Number 81. (Department of Public Health & Environment) 12. The facility shall maintain CAFO Colorado Discharge Permit coverage and operate in compliance with Colorado Water Quality Control Commission Regulation Number 61. There shall be no discharge of manure or process wastewater, except as provided in the facilities CAFO Colorado Discharge Permit. (Department of Public Health & Environment) 13. The facility shall comply with the Notice of Violation/Cease & Desist Order/Clean-up Order Number CO -051014-1 (dated October 14, 2005) and any subsequent orders issued by the Colorado Department of Public Health & Environment. (Department of Public Health & Environment) 14. Land application 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) 15. The facility shall be operated and maintained in a manner to prevent nuisance conditions. (Department of Public Health & Environment) 16. 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 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) 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 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) 19. The facility shall be operated in accordance with the 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) Johnson (JF Cattle) — 3rd AMUSR-1282 10 • • • 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 Colorado Water Quality Control Commission Regulation Number 81. (Department of Public Health & Environment) 21. An individual sewage disposal system (I.S.D.S.) is required for the proposed facility and must be designed by a Colorado Registered Professional Engineer and in accordance with Weld County Individual Sewage Disposal Regulations. Any 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) 22. 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) 23. 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) 24. The facility shall adhere to the maximum permissible noise levels allowed in the Light Industrial Zone as delineated in Section 25-12-103 C.R.S, as amended. (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 required, a stormwater discharge permit shall be obtained from the Colorado Water Quality Control Division for construction activities. (Department of Public Health & Environment) 27. Prior to use, provide certification by a Colorado Registered Professional Engineer that the proposed wastewater impoundment meets the liner seepage rate, separation from seasonal high groundwater, and water well setback requirements for new open lot wastewater impoundments, found in Colorado Water Quality Control Commission Regulation Number 81. (Department of Public Health and Environment) 28. The composting operation shall comply with Section 14 of the Regulations Pertaining to Solid Waste Disposal Sites and Facilities (6 CCR 1007-2). (Department of Public Health and Environment) 29. 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) 30. A plan review shall be approved and a permit must be issued prior to the start of construction. (Department of Building Inspection) • 31. A letter from the Galeton 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) 32. Effective January 1, 2003, Building Permits issued on the proposed site will be required to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department of Planning Services) 33. Effective August 1, 2005, Building permits issued on the subject site 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, as amended. 35. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code, as amended. 36. The property owner or operator shall be responsible for complying with the Livestock Confinement Operation standards of Section 23-4-350 of the Weld County Code, as amended. 37. The property owner or operator shall be responsible for complying with the Livestock feeding performance standards of Section 23-4-710 of the Weld County Code, as amended. • 38. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code, as amended. 39. Personnel from the Weld County Departments of Public Health and Environment, Planning Services and Public Works 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. 40. 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. 41. 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. Johnson (JF Cattle) — 3rd AMUSR-1282 12 . izR: COLORADO • June 11, 2009 DEPARTMENT OF PLANNING SERVICES NORTH OFFICE 918 10TH Street GREELEY, CO 80631 PHONE: (970) 353-6100, Ext. 3540 FAX: (970) 304-6498 John & Dorothy Johnson do Tim Naylor, AGPROfessionals, LLC 4350 Hwy 66 Longmont CO 80504 Subject: 3rd AmUSR-1282- A Site Specific Development Plan and Third Amended 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 Livestock Confinement Operations ( a livestock feeding operation for a total of 11,240 head of cattle including a dairy operation and 20 horses, an additional milk parlor, office/scale house, additional pens, and removing the limit of 2,000 dairy cattle (out of the 11,240 head total) associated with the operation amended to include a new stormwater pond, commodity area and expansion of the compost area) in the A (Agricultural) Zone District on a parcel of land described as Lot B of AmRE-499, Lot B of RE -3535, Lot A of AmRE-3535, and Lot A of RE - 3705; located in the NW4, the SW4NE4 and the N2SE4 of Section 1, T6N, R65W of the 6th P.M., Weld County, Colorado. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on July 7, 2009, at 1:30 p.m. This meeting will take place in the Hearing Room, Weld County Planning Department, 91810'" Street, Greeley, Colorado. A subsequent hearing will be held on July 22, 2009 at 10:00 a.m., in the Chambers of the Board of County Commissioners, Weld County Centennial Center, 915 10'" Street, First Floor, 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 packets one week prior to the scheduled Planning Commission Hearing. If you have any questions concerning this matter, please call. Respectfully, Chris Gathman Planner • Otto. WFIYG • • • DEPARTMEN OF PLANNING SERVICES NORTH OFFICE 918 10T" Street GREELEY, CO 80631 PHONE: (970) 353-6100, Ext. 3540 FAX: (970) 304-6498 April 9, 2009 John & Dorothy Johnson c/o Tim Naylor, AGPROfessionals, LLC 4350 Hwy 66 Longmont CO 80504 Subject: 3r° AmUSR-1282- Request for a Site Specific Development Plan and Third Amended 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 Livestock Confinement Operations (a livestock feeding operation for a total of 11,240 head of cattle including a dairy operation and 20 horses, an additional milk parlor, office/scale house, additional pens, and removing the limit of 2,000 dairy cattle (out of the 11,240 head total) associated with the operation amended to include a new stormwater pond, commodity area and expansion of the compost area) in the A (Agricultural) Zone District on a parcel of land described as Lot B of AmRE-499, Lot B of RE -3535, Lot A of Am RE -3535, and Lot A of RE -3705; located in the NW4, the SW4NE4 and the N2SE4 of Section 1, T6N, R65W of the 6th P.M., Weld County, Colorado. Dear Applicants: Your application and related materials for the request described above are being processed. I will schedule a meeting with you to discuss the referrals after we have received them. Once the concerns and requirements of the referral agencies have been met or the applicant has shown an attempt to meet their concerns and requirements, a Planning Commission Hearing will be scheduled. It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property or if the property 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 Planning Commission for their review and comments. Please call for further details regarding the date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the Planning Commission meeting to answer any questions the Commission members may have with respect to your application. If you have any questions concerning this application, please call. Respectfully, 4,4,43 t.14 Chris Gathman Planner fID 1 it • La 4,41 FIELD CHECK inspection date: 6/26/09 CASE NUMBER: 3rd AMUSR-1282 APPLICANT: John Johnson - JF Cattle LEGAL DESCRIPTION: Lot B of AMRE-499, Lot B of RE -3535, Lot A of AMRE- 3535, and Lot A of RE -3705; located in the NW4, the SW4NE4 and the N2SE4 of Section 1, Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado LOCATION: East of and adjacent to WCR 47, South of and adjacent to WCR 74 • • Zoning Land Use N A (Agricultural) N Agland/Existing Feedlot Facility E A (Agricultural) E 3 Single Family residences/Ditch S A (Agricultural) S There is another existing residence located approximately 650 -feet from the edge of the new pond. Three (3) other residences are located approximately 1,000 to 1,200 feet to the south and southeast of the proposed expanded composting area and pond. W A (Agricultural) W Agland (Single Family Residence) COMMENTS: * Existing feedlot facility on the site. * Existing single family residences and large ditch to the east of the site. * Single family residence on northeast corner of property. * Site slopes from west to east (toward existing detention ponds). * Oil and gas production facility at south end of site (adjacent to calf huts). Chris Gathman, Current Planner Hello