HomeMy WebLinkAbout20090240INVENTORY OF ITEMS FOR CONSIDERATION
• Applicant Rusco Land & Cattle, LLC Case Number USR-1675
Submitted or Prepared
Prior to At
Hearing Hearing
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Staff Comments
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Department of Planning Services Field Check Form
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Letter to Applicant
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Legal Notifications
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Application
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Maps
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Deed/ Easement Certificate
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Surrounding Property / Mineral Owners (SJu. &x 6..6
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Utilities
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3
Referral List
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Referrals without comment
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Town of Severance referral received 9/29/2008
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West Greeley Soil Conservation District referral received 10/16/2008
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Referrals with comments
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Weld County Department of Public Works referral received 10/27/2008
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Weld County Department of Public Health and Environment referral received
12/30/2008 (3 pages)
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Weld County Zoning Compliance Officer referral received 9/24/2008
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Weld County Department of Building Inspection referralfesewed-10
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Weld County Department of Planning Services Landscape referral received
10/9/2008
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Town of Eaton referral received 11/5/2008 (3 pages)
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The Dow Law Firm (on behalf of Town -Boyd Lateral) referral received 11/5/2008
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Division of Water Resources referral received 10/29/2008
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Surrounding Property Owners/Mineral Owners - Letters (jaj u.ii it (.K{r )
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PC Exhibits
6A
Sign posting affidavit Oriij �„4„,_ (21,„v„,„„,,,t4) )
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Memo from Forrest Leaf — JR Engineering dated 2/2/2009
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6C
Mineral Notification Notice (9 pages)
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6D
Town of Eaton referral letter dated 1/16/2009 along with e-mail attachments
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Planning Commission ResoLLL:.
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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.
Chris Gathman Planner
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LAND USE APPLICATION
SUMMARY SHEET
Case Number: USR-1675 Hearing Date: January 6, 2009
Applicant: Rusco Land and Cattle, LLC, 37905 County Road 35, Eaton, CO. 80615
Applicant's
Representative Cody Hollingsworth, AGPROfessionals LLC, 3450 Highway 66, Longmont, CO
80504
Request: A Site Specific Development Plan and Special Review Permit for a Livestock
Confinement Operation (feedlot for a total of 9,000 head of head of cattle, new pens,
working areas, commodity area, feed mill, feed storage area, and associated storm
water retention ponds) in the A (Agricultural) Zone District.
Legal Description: Part of the E2 of Section 26, Township 7 North, Range 66 West of the 6th P.M.,
Weld County, Colorado
Location: Southwest of and adjacent to the intersections of County Roads 78 and 35
Size of Parcel: 112 +/- acres
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit are listed in Section 23-2-220 of the Weld County Code.
The Department of Planning Services' staff has received responses from the following agencies:
• Weld County Department of Public Health and Environment, referral received 10/15/2008
• Weld County Department of Public Works, referral received 10/28/2008
• Weld County Department of Building Inspection, referral received 9/29/2008
• Colorado State University Extension, referral received 7/7/2008
• Weld County Zoning Compliance, referral received 9/24/2008
• West Greeley Soil Conservation District, referral received 10/14/2008
• Office of State Engineer — Division of Water Resources, referral received 10/29/2008
• Weld County Sheriffs Office, referral received 6/30/2008
• Town of Eaton, referral received 11/5/2008
• Weld County Department of Planning Services, landscape referral received 10/9/2008
• Town of Severance, referral received 9/25/2008
• Town -Boyd Lateral (the Dow Law Firm, LLC), referral received 11/5/2008
USR-1675 1
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Colorado Division of Wildlife
• Colorado State University Extension
• USDA -APHIS Veterinary Services
• Windsor -Severance Fire Protection District
• Weld County Sheriffs Office
Town of Ault
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SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Planner: C. Gathman
Case Number: USR-1675 Hearing Date: January 6, 2009
Applicant: Rusco Land and Cattle, LLC, 37905 County Road 35, Eaton, CO. 80615
Applicant's
Representative: Cody Hollingsworth, AGPROfessionals LLC 3450 Highway 66, Longmont, CO
80504
Request: A Site Specific Development Plan and Special Review Permit for a Livestock
Confinement Operation (expansion of an existing feedlot for a total of 9,000 head of
head of cattle, new pens, working areas, commodity area, feed mill, feed storage
area, and associated storm water retention ponds) in the A (Agricultural) Zone
District.
Legal Description: Part of the E2 of Section 26, Township 7 North, Range 66 West of the 6th P.M.,
Weld County, Colorado
Location: Southwest of and adjacent to the intersections of County Roads 78 and 35
Size of Parcel: 112 +/- acres
Parcel Number: 0707 26 0000013 Situs Address: 37905 County Road 35, Eaton, CO 80615
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 22-2-20 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
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uses from other proposed new uses that would hinder the operations of the agricultural
enterprises."
This use is a proposed expansion of an existing feedlot on the property. The applicant is
proposing to expansion the feedlot to the west of the existing facility. Feedlots 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 feedlot 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.
There is an existing single-family residence located within 500 -feet to the east of the facility
across County Road 35 and an additional single-family residence (owned by the applicant) is
located immediately to the north of the facility. Other residences in proximity of the site are
located approximately 'A mile to the east, north, south and west.
The proposed feedlot expansion is located 1/2 mile north of an existing compost processing
facility (AMUSR-930), 1.5 miles to the east of an existing 400 -head feedlot (USR-747), and
approximately 3 miles to the northeast of an existing 10,000 -head livestock confinement
operation (USR-529).
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 located within the three-mile referral areas
of the Towns of Eaton, Ault and Severance. It is not located within the intergovernmental
agreement boundaries of any of these municipalities.
The Town of Severance indicated no conflicts with their interests and no referral response
has been received from the Town of Ault.
The Town of Eaton, in their referral response dated November 4, 2008 indicated that the
proposed feedlot expansion is immediately to the northwest of the comprehensive plan area
for the Town of Eaton. This area is designated as "suburban residential" per the Town of
Eaton comprehensive plan and that the proposed feedlot expansion will be very near to future
residential areas when growth takes place in this area. The Town is also concerned that
prevailing winds will create severe odor problems for residents in Eaton.
The Town of Eaton and Weld County have an intergovernmental agreement. The
intergovernmental agreement boundary for the Town of Eaton is immediately across County
Road 35 from the subject site.
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The intergovernmental agreement addresses development within the 3 -mile referral area for
the Town of Eaton but outside of the Urban Growth Area (intergovernmental agreement area)
as follows:
Section 19-7-50.8 (Coordinated Planning Agreement — Eaton) states: "To the extent legally
possible, the County will disapprove proposals for Urban Development in areas of the
Municipal Referral Area outside the Urban Growth Area. In reviewing proposals for Non -
Urban Development in such areas, the County will apply its Comprehensive Plan and zoning
and subdivision ordinances, and, where appropriate, the MUD Plan."
Section 19-7-40 (Coordinated Planning Agreement — Eaton) Defines Non -Urban
Development as "Land uses which typically do not require services such as central water and
sewer systems, road networks, park and recreation services, storm drainage and the like,
and which are generally considered to be rural in nature, expressly including land used or
capable of being used for agricultural production and including developments which combine
clustered residential uses and agricultural uses in a manner that the agricultural lands are
suitable for farming and ranching operations for the next forty (40) years."
The proposed feedlot expansion is located approximately 1.25 miles northwest of the current
town limits of the Town of Eaton. The surrounding area is presently agricultural in nature.
Also feedlots are considered a non -urban use and this is defined as a non -urban area. The
facility will be required to comply with the attached development standards requiring the
facility to operate in a manner to control flies, odors and nuisance conditions.
e. Section 23-2-220.A.5 -- The application complies with Section 23-5 of the Weld County Code.
The proposed facility site 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" according to the
U.S.D.A. Soil Conservation Map, dated 1979. The use of the land will remain in an
agriculturally 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 Department of Planning Services met with the applicant on October 23, 2008 to discuss the referrals
received. Staff recommended that the applicant hold a community meeting with adjacent property owners.
The applicant's representative has indicated that he would hold meetings with individual property owners. The
Conditions of Approval outlined below are the remaining items that still need to be addressed.
The Department of Planning Services' staff recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
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A. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR-1675. (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 or locations specified under the approved Surface Use
Agreement). (Department of Planning Services)
4) WCR 35 is a major arterial road, which requires a 140 -foot right-of-way at full build
out There is presently 60 -feet of right-of-way. A total of 70 -feet from the centerline of
County Road 35 shall be designated as future road right-of-way for County Road 35.
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 internal road(s) shall enter onto County Road 35 at a 90 -degree angle, for a
minimum of one vehicle length to provide adequate site distance in both directions.
This shall be delineated on the plat. (Department of Public Works)
6) Turning radiuses for the existing accesses onto County Road 35 shall be a minimum
of 60 -feet. (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)
9) The minimum setback of the lagoon from County Road 35 shall match the setback
of the proposed lagoon indicated on the draft plat map (dated 5/14/2008) submitted
with the application. (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 requirements for off-street parking spaces per Section 23-4-30.E of the Weld
County Code and 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. 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 10/27/2008. Written evidence that these
concerns have been addressed shall be submitted to the Department of Planning Services.
(Department of Planning Services)
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E. 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 (5 CCR 1002-81), Section 81.8
(6)(a)&(b). Evidence of such shall be provided to the Departments of Public Health and
Environment and Planning Services. (Department of Public Health & Environment)
F. The applicant shall supply a summary/documentation of where manure from the feedlot
will be stored (on -site or offsite) as no manure storage area is indicated on the plat.
(Department of Public Health & Environment)
G. Submit evidence to the Department of Planning Services that the Weld County
Department of Public Health and Environment has approved a Management Plan for
Nuisance Control for the facility, which includes the installation and operation of a water
sprinkler system for pen dust control and evidence of an approved water source for the
sprinkler system. (Department of Public Health and Environment)
H. 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)
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)
J. The applicant shall address the requirements of the Office of State Engineer — Division of
Water Resources as stated in their referral dated October 29, 2008. Written evidence of such
shall be provided to the Department of Planning Services. The applicant shall provide
clarification on whether or not the existing well (permit no. 14534) shall be utilized in
association with the feedlot. If the existing well is to be utilized, then evidence of an approved
water augmentation plan for the existing well shall be submitted to the Department of
Planning Services. (Division of Water Resources)
K. The applicant shall attempt to address the concerns of the Town of Eaton as stated in their
referral received November 5, 2008. Written evidence of such shall be provided to the
Department of Planning Services. (Town of Eaton)
L. The applicant shall address the requirements of the Weld County Department of Public
Works as stated in their referral received October 28, 2008. (Department of Public Works)
M. The applicant shall address the requirements of the Weld County Department of Planning
Services Landscape referral received October 9, 2008. Written evidence of such shall be
provided to the Department of Planning Services. (Department of Planning Services)
N. 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)
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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 eighty (180) 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. 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. A plan review shall be approved and
a permit must be issued prior to the start of construction. (Department of Building Inspection)
B. A letter from the Windsor -Severance 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)
4. 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)
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
Rusco Land & Cattle LLC
DEVELOPMENT STANDARDS
USR-1675
1. A Site Specific Development Plan and a Special Review Permit for a Livestock Confinement
Operation (feedlot for a total of 9,000 head of head of cattle, new pens, working areas, commodity
area, feed mill, feed storage area, and associated storm water retention ponds) in the A (Agricultural)
Zone District subject to the Development Standards stated hereon. (Department of Planning
Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. The facility will operate during daylight hours. Equipment operations, trucks, farming activities and
maintenance activities, other than emergencies, will occur during daylight hours. (Department of
Planning Services)
4. The total number of on -site employees shall be limited to five (5). (Department of Planning Services)
5. The facility shall operate in compliance with Colorado Water Quality Control Commission
Regulation Number 81 and 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 under Regulation 61. (Department of Public Health & Environment)
7. 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)
8. 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)
9. The facility shall control fugitive dust on this site and install and operate (as necessary) a water
sprinkler system to control dust from pens. The facility shall be operated and maintained in a
manner to prevent nuisance conditions and 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,
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and in the judgment of the Weld County Health Officer, there exists a fly condition requiring
abatement. (Department of Public Health & Environment)
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 25-12-103 C.R.S, as amended. (Department of Public Health &
Environment)
19. The applicant shall comply with all provisions of the Underground and Above Ground Storage
Tank Regulations (7 CCR 1101-14). (Department of Public Health & Environment)
20. Adequate drinking water, hand washing, and toilet facilities shall be provided for employees and
patrons of the facility. (Department of Public Health & Environment)
21. If required, 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)
22. 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)
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23. 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. A plan review shall be approved and a permit must be issued prior to the
start of construction. (Department of Building Inspection)
24. Prior to release of building permits, a letter from the Windsor -Severance 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)
25. 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)
26. 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)
27. 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)
28. 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)
29. 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)
30. 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)
31. 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)
32. 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)
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COLORADO
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December 12, 2008
DEPARTMENT OF PLANNING SERVICES
NORTH OFFICE
918 10T" Street
GREELEY, CO 80631
PHONE: (970) 353-6100, Ext. 3540
FAX: (970) 304-6498
Ruscoe Land and Cattle, LLC
do Cody Hollingsworth
AGPROfessionals, LLC
4350 Hwy 66
Longmont CO 80504
Subject: USR-1675- A Site Specific Development Plan and Use by Special Review Permit for a Livestock
Confinement Operation (expansion of an existing feeding operation for a total of 9,000 head of cattle, new
pens, working areas, commodity area, feed mill, feed storage area, and associated storm water retention
ponds) in the A (Agricultural) Zone District on a parcel of land described as Part of the E2 of Section 26,
T7N, R66W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on January 6, 2009, at 1:30 p.m. This meeting
will take place in the Hearing Room, North Weld Planning Department, 918 10th Street, Greeley, Colorado. A subsequent
hearing will be held on January 28, 2009 at 10:00 a.m., in the Chambers of the Board of County Commissioners, Weld
County Centennial Center, 915 10th 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 has provided the Weld County Planning Department with
written certification indicating the above requirements have 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 priorto the scheduled Planning Commission Hearing.
If you have any questions concerning this matter, please call.
Respectfully,
Chris Gathman
Planner
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WE�Yc
CtlA8AOO
September 23, 2008
DEPARTMENT OF PLANNING SERVICES
NORTH OFFICE
918 10TH Street
GREELEY, CO 80631
PHONE: (970) 353-6100, Ext. 3540
FAX: (970) 304-6498
Ruscoe Land and Cattle, LLC
do Cody Hollingsworth
AGPROfessionals, LLC
4350 Hwy 66
Longmont CO 80504
Subject: USR-1675- Request for a Site Specific Development Plan and a Special Review Permit for a
Livestock Confinement Operation (expansion of an existing feeding operation for a total of 9,000
head of cattle, new pens, working areas, commodity area, feed mill, feed storage area, and
associated storm water retention ponds) in the A (Agricultural) Zone District on a parcel of land
described as Part of the E2 of Section 26, T7N, R66W 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 Severance and Windsor Planning
Commission for their review and comments. Please call Severance at 970-686-1218 and Windsor at 970-
686-7476 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 Severance and Windsor 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,
P`��
kris Gathman
Planner
Page 1 of 1
Chris Gathman
From: Chris Gathman
Sent: Monday, December 15, 2008 4:36 PM
To: 'Cody Hollingsworth'
Subject: Water for Rusco feedlot
Cody,
I had a question re: water for the Rusco Feedlot. Your application indicates North Weld along with an existing on -
site well to be utilized for this expansion. What uses will the North Weld Water be utilized for and what uses will
the on -site well be used for? Does the applicant intend to utilize the well to supply the feedlot operation which
would require an augmentation plan per the Division of Water Resources?
Chris Gathman, AICP, Planner II
Weld County Department of Planning Services
918 10th Street, Greeley, Colorado 80631
ph (970)353-6100 ext. 3540 fax (970)304-6498
12/15/2008
Chris Gathman
From:
Sent:
Subject:
Chris Gathman
Saturday, December 20, 2008 10:39 AM
'Cody Hollingsworth'
Troy Swain
RE: RE -1675
Cody,
I wanted to let you know re: a couple of items re: the Rusco Land and Cattle USR
application:
1) I have had discussions with Troy Swain and with Planning Staff re: the following
condition:
"Demonstrate that the proposed open lot wastewater impoundment will meet the
setback to water wells and groundwater for new and expanded impoundments required by
Colorado Water Quality Control Commission Regulation Number 81, Section 81.8
(6) (a)&(b) ."
Troy had indicated that without any geotechnical analysis the depth of groundwater is not
known which could impact the size and depth of your proposed lagoon (it potentially could
be larger than what is shown on your proposed feedlot map submitted with your
application).
Therefore, Planning staff will be placing a condition of approval that requires that the
minimum setback of the new lagoon from CR 35 be the same or greater than the setback of
the proposed lagoon indicated on your proposed feedlot map submitted with your initial
application.
411 Provide information where manure/wastewater will be composted, stored and/or land
plied. I know that Rusco owns quite a bit of land adjacent to the USR, it would be good
to have some information re: this so SPOS, the Health Department and Planning are aware of
where this is occurring in case we get calls....
Let me know if you have any questions.
Chris
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F
PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE
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THE LAST DAY TO POST THE SIGN IS December 27, 2008. THE SIGN SHALL BE POSTED
ADJACENT OAND VISIBLE FROM A PUBLICLY MAINTAINED DIN
THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVEW IS NOT
ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT
OF PLANNING SERVICES SHALL POST ONE OON
THE PROPERTY AND POST A SECONDSIGN AT THE POINT AT WHICH THE DRIVEWAY
(ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY.
I, CHRIS GATHMAN, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN
WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE PLANNING
COMMISSIONERS HEARING FOR USR-1675 IN THE A (AGRICULTURAL) ZONE DISTRICT.
CHRIS GATHMAN
Name of Person Posting Sign
Signature of Person Posting Sign
STATE OF COLORADO
) ss.
COUNTY OF WELD
The foregoing instrument was subscribed and sworn to me this day o
WITNESS my hand and official seal.
Notary Public
My Commission Expires:
GCS
BILLIE J. MOORE
NOTARY PUBLIC
STATE OF COLORADO
2009.
EXHIBIT
8 //4
S
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HELD CHECK
inspection dates: 12/24/2008
APPLICANT: Weld County CASE #: USR-1671
REQUEST: A Site Specific Development Plan and Special Review Permit for a Livestock
Confinement Operation (feedlot for a total of 9,000 head of head of cattle, new pens,
working areas, commodity area, feed mill, feed storage area, and associated storm water
retention ponds) in the A (Agricultural) Zone District
LEGAL: Part of the E2 of Section 26, Township 7 North, Range 66 West of the 6th P.M., Weld
County, Colorado
LOCATION: Southwest of and adjacent to the intersections of County Roads 78 and 35
PARCEL ID #: 0707 26 0000013
ACRES: +/- 112 Acres
Zoning
N
Agricultural land
end Use
N
A
E
A
E
Agricultural land & single-family residence across
County Road 35
S
A
S
Agricultural land (nearest residence is 1/2 mile south
of the feedlot)
W
A
W
Agricultural land (residences''/ mile to the west from
the western boundary of the site)
COMMENTS:
Existing feedlot on the property.
Chris Gathman - Planner 11
Hello