HomeMy WebLinkAbout20082344.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
• Moved by Mark Lawley,that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: AmUSR-1356
APPLICANT: Marvin&Sandra Mae Te Velde Family Trust
PLANNER: Jacqueline Hatch
REQUEST: A Site Specific Development Plan and Amended Use by Special Review Pemiitfor
a Livestock Confinement Operation(5,000-head dairy including milking cows,dry
cows,heifers,and calves and nine additional mobile homes as accessories to the
farm)in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: Pt N2 of the SW 4 and Lot B of RE-2098 Pt of the S2 of the N2 of Section 28,T2N,
R67W of the 6th P.M.,Weld County, Colorado.
LOCATION: East of and adjacent to CR 17 and approximately Y. mile south of CR 18.
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 ordinances in effect. Section 22-2-60 A.Policy 1.3 states"Allow
commercial and industrial uses,which are directly related to, or dependent upon agriculture,
to locate within the A(Agricultural)Zone District when the impact to surrounding properties is
minimal, and where adequate services are currently available and reasonably obtainable.
Agricultural businesses and industries will be encouraged to locate in areas that minimize the
• removal of agricultural land from production." A dairy is considered an agricultural related
use. The proposal is to amend an existing dairy operation.
The applicant applied for a dairy of 4,500 head of cattle on approximately 130 acres in 1999.
The Planning Commission recommended reducing the number of cattle to 3,500 and the
Board of County Commissioners subsequently denied the request for a Use by Special
Review Permit for 3,500 head to cattle on February 3, 1999.
A substantial change hearing was conducted by the Board of County Commissioners on
August 20, 2001. It was determined at that hearing that there was a substantial change in
the facts and circumstances since the applicant was reducing the number of head of cattle
from 3,500 on 130 acres to 1,450 on 80 acres.
USR-1356 was approved by the Board of County Commissioners on December 5,2001 for a
1,450 head dairy.
B. Section 23-2-220.A.2--The proposed use is consistent with the intent of the A(Agricultural)
Zone District.Section 23-4-40.B.16,Section 23-4-40.L and Section 23-4-40.L and 23-4-40.M
provides for dairies, multiple single-family dwelling units per lot other than those permitted
under Section 23-3-20.A and Multi-family Dwellings for persons principally employed at or
engaged in farming, ranching or gardening as a Use by Special Review in the A(Agricultural)
Zone District. The site currently has nine(9) homes on site. The applicant is requesting to
increase the number of homes on site to ten(10). One mobile home as a principal dwelling
unit and nine(9) mobile homes as accessory to the farm.
C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses. The surrounding property consists of rural residences to the north
and south and agricultural uses to the east and west. Development Standards and
• Conditions of Approval will ensure that this operation is compatible with the existing
surrounding land uses. The site will also have to comply with the Confined Animal Feeding
Operation (CAFO) Control Regulations.
EXHIBIT
2008-2344
lmUSK 4.1356
Resolution Am USR-1356
Marvin&Sandra Mae Te Velde Family Trust
Page 2
• D. Section 23-2-220.A.4 --The uses which will be permitted will be compatible with the 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 USR is located within the 3-mile referral areas of the City of
Dacono, and the Towns of Firestone and Frederick. The City of Dacono referral dated June
5, 2008 states that they have reviewed the request and find no conflicts with their interests.
The Town of Fredrick referral dated June 16,2008 ask to please make implementation of the
management plan for nuisance control a condition of approval and re-evaluate annually to
minimize nuisance.They also state that odors have been an issue in the past. The applicant
has responded to the Town of Frederick's referral in their letter dated July 8,2008 stating that
the nuisance control plan has been approved by the Weld County Department of Health and
Environment. No comments were received from the Town of Firestone. The applicant has
submitted a Firestone Development Application for a pre-annexation agreement.
E. Section 23-2-220.A.5—
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)
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 property is designated
as "irrigated"with portions as "Prime" and "Irrigated Non Prime" according to the U.S.D.A.
Soil Conservation Map, dated 1979.
• 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 July 7, 2008 to discuss the referrals received.
The applicant submitted a letter dated July 8, 2008 that attempted to address the comments outlined in the
received referrals. The Conditions of Approval outlined below are the remaining items that still need to be
addressed.
The Planning Commission recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
A. 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. Evidence of
such shall be submitted in writing to the Weld County Department of Planning Services and
Department of Public Health and Environment. (Department of Public Health and
Environment)
•
Resolution AmUSR-1356
Marvin &Sandra Mae Te Velde Family Trust
Page 3
• B. 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. Evidence of such shall be submitted in writing to the
Weld County Department of Planning Services and Department of Public Health and
Environment. (Department of Public Health and Environment)
C. Demonstrate that wastewater impoundments meet required setbacks to water wells and
groundwater required by Colorado Water Quality Control Commission Regulation Number
81. Evidence of such shall be submitted in writing to the Weld County Department of
Planning Services and Department of Public Health and Environment.(Department of Public
Health and Environment)
D. Provide evidence that a CAFO Colorado Discharge Permit has been applied for or obtained
from the Colorado Water Quality Control Division. Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services and Department of Public Health
and Environment. (Department of Public Health and Environment)
E. Section 22-5-100.A of the Weld County Code states"oil and gas exploration and production
should occur in a manner which minimizes the impact to agricultural uses and the
environment and reduces the conflicts between mineral development and current and future
surface uses." Section 22-5-100.B of the Weld County Code states "...encourage
cooperation, coordination and communication between the surface owner and the mineral
owner/operators of either the surface or the mineral estate." Section 22-5-100.B.1 of the
Weld County Code also states "new development should be planned to take into account
current and future oil and gas drilling activity to the extent oil and gas development can
reasonably be anticipated." 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. The plat shall be amended to include any possible future
drilling sites. (Department of Planning Services)
F. The applicant shall improve the access roads on site as outlined in the Fort Lupton Fire
Protection District referral received June 4, 2008.Written evidence from the Fort Lupton Fire
Protection District of such shall be provided to the Department of Planning Services. (Fort
Lupton Fire Protection District)
G. The applicant shall submit written evidence from the Town of Firestone that a pre-annexation
agreement has been completed. (Department of Planning Services)
H. 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 23 C through E of the Weld County Code. (Department of
Planning Services)
The applicant shall provide written evidence to the Department of Planning Services verifying
that all occupants of the existing nine (9)single-family mobile homes are employees of TV
Dairy. The evidence shall consist of tax records (W-2 forms), employment agreements or
other documentation as determined suitable by the Department of Planning Services.
(Department of Planning Services)
J. The applicant shall address the requirements/concerns of Kerr McGee as stated in the
•
referral response dated August 14, 2008. Evidence of such shall be submitted in writing to
the Weld County Department of Planning Services
Resolution AmUSR-1356
Marvin&Sandra Mae Te Velde Family Trust
Page 4
• K. The plat shall be amended to delineate the following:
1. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. Each sheet of the plat shall be labeled AMUSR-1356. (Department of Planning
Services)
4. The plat shall delineate plant material to mitigate the impacts of the facility from
adjacent properties. The plant material screen shall be place between the road right-
of-way and the proposed improvements. The buffer strip shall be a minimum of
twenty (20) feet in width and run the length of the property line. (Department of
Planning Services)
5. The existing conditions plat shall be removed from the plat. (Department of Planning
Services)
6. The scale for the site shall be 1" = 100' or 1" = 50'. (Department of Planning
Services)
7. The location of the light fixtures shall be placed on the plat.(Department of Planning
Services)
8. County Road 17 is designated on the Weld County Road Classification Plan as a
• local gravel road,which requires 60 feet of right-of-way at full build out.The applicant
shall verify and delineate on the plat the existing right-of-way and the documents
creating the right-of-way. All setbacks shall be measured from the edge of future
right-of-way. If the right-of-way cannot be verified, it shall be dedicated. This road is
maintained by Weld County. (Department of Public Works)
9. The Department of Planning Services has determined from the application materials
that twenty four(24)parking spaces and two(2)ADA parking spaces will be required
on site. Each parking space should be equipped with wheel guards where needed to
prevent vehicles from extending beyond the boundaries of the space and from
coming into contact with other vehicles, walls, fences, sidewalks, or plantings.
(Department of Planning Services)
10. Any approved signs, as applicable. (Department of Planning Services)
11. The 200-foot setback radii for existing oil and gas tank batteries and the 150-foot
setback radii for oil and gas wellheads located on the site shall be indicated.
(Department of Planning Services)
2. The applicant shall submit two(2)paper copies of the plat for preliminary approval to the Weld County
Department of Planning Services. (Department of Planning Services)
3. 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 and Twenty(120)days from the
• date of the Board of County Commissioners resolution.The applicant shall be responsible for paying
the recording fee. (Department of Planning Services)
Resolution AmUSR-1356
Marvin &Sandra Mae Te Velde Family Trust
Page 5
• 4. The Department of Planning Services respectively requests the surveyor provide a digital copy of this
Amended 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 maps(c�co.weld.co.us. (Department of Planning Services)
5. Prior to Release of Building Permits for to any construction, alterations, or change of occupancy:
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)
6. Prior to Certificate of Occupancy/finaling building permits:
A. A letter of approval shall be provided from the Fort Lupton Fire Protection District. (Fort
Lupton Fire Protection District)
7. The Amended 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)
•
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
TV Dairy
• AMUSR-1356
1. A Site Specific Development Plan and an Amended Special Review Permit for a Livestock
Confinement Operation (5,000 head dairy including milking cows, dry cows, heifers,and calves and
nine additional mobile homes as accessories to the farm) in the A (Agricultural) Zone District and
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. 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. (Department of Public Works/Planning
Services)
4. The operation shall be limited to a total of twenty four (24) employees. (Department of Planning
Services)
5. The access drives to,from and around the facility shall be adequate to support emergency equipment
at all times. (Fort Lupton Fire Protection District)
6. The nine single-family dwelling units(mobile home)on the property shall be exclusively for employees
of the TV Dairy on site.The applicant shall provide evidence on an annual basis to the Department of
Planning Services verifying that all employees living on site are employees of the TV Dairy.
(Department of Planning Services)
7. The hours of operation in the milking parlors and related facilities will be 24 hours a day, 365 days a
year. (Department of Planning Services)
8. The facility shall maintain compliance with the Colorado Water Quality Control Commission's Animal
Feeding Operation Control Regulation Number 81 (5 CCR 1002-81). (Department of Public Health&
Environment)
9. 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 into surface water from the production area,except as provided in the
facilities CAFO Colorado Discharge Permit. (Department of Public Health & Environment)
10. Manure and process wastewater shall be applied at agronomic rates and in accordance with the
Nutrient Management Plan or Manure&Wastewater Management Plan. There shall be no discharge
from land application areas except for agricultural stormwater. (Department of Public Health &
Environment)
11. The facility shall be operated and maintained in a manner to prevent nuisance conditions and operate
in accordance with the Management Plan for Nuisance Control submitted with the application
materials. (Department of Public Health & Environment)
12. The facility shall control fugitive dust on this site and be operated and maintained in a manner to
prevent nuisance conditions. The facility shall be operated in accordance, at all times, with their
current approved Management Plan for Nuisance Control. (Department of Public Health &
Environment)
4111
Resolution AmUSR-1356
Marvin &Sandra Mae Te Velde Family Trust
Page 7
• 13. 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)
14. 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)
15. The facility shall be operated in a manner to control odors. The facility shall be operated in
accordance,at all times,with their current 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)
16. 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)
17. 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)
18. 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)
19. 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)
20. 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)
21. 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)
Resolution AmUSR-1356
Marvin&Sandra Mae Te Velde Family Trust
Page 8
• 22. The applicant shall comply with all provisions of the Underground and Above Ground Storage Tank
Regulations. (Department of Public Health & Environment)
23. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the facility.
(Department of Public Health & Environment)
24. If applicable,the applicant shall obtain a stormwater discharge permit from the Colorado Department
of Public Health & Environment, Water Quality Control Division. (Department of Public Health &
Environment)
25. A plan review is required for each building for which a building permit is required. Plans shall include
a floor plan. Building plans shall bear the wet stamp of a Colorado registered engineer or architect.
Two complete sets of plans are required when applying for each permit along with a Code Analysis
Data sheet, provided by the Weld County Building Department.(Department of Building Inspection)
26. 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, 2008 National
Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspection)
27. A separate building permit shall be obtained prior to construction/alterations of or change of
occupancy of any building. (Department of Building Inspection)
28. Prior to the release of building permit, the applicant shall submit evidence of approval from the Fort
Lupton Fire Protection District to the Weld County Building Department. (Department of Building
Inspection)
• 29. 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)
30. 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)
31. The property owner acknowledges that mineral owners and lessees have real property interests that
entitle them to surface use in accordance with Colorado State Statutes and applicable Colorado Oil
and Gas Conservation Commission regulations. (Department of Planning Services)
32. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
33. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
34. 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.
35. 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.
36. The operation shall comply with all applicable rules and regulations of the State and Federal agencies
• and the Weld County Code.
Resolution AmUSR-1356
Marvin &Sandra Mae Te Velde Family Trust
Page 9
• 37. Personnel from Weld County Departments 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.
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.
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.
Motion seconded by Roy Spitzer.
VOTE:
For Passage Against Passage Absent
Robert Grand
Bill Hall
Tom Holton
Doug Ochsner
Erich Ehrlich
• Roy Spitzer
Paul Branham
Mark Lawley
Nick Berryman
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 August 19, 2008.
Dated
tthe19th of August, 2008.
Kristine Ranslem
Secretary
•
- ici-:boo$
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
• Tuesday, August 19, 2008
A regular meeting of the Weld County Planning Commission was held in the Southwest Weld County
Conference Room, 4209 CR 24.5, Longmont, Colorado. The meeting was called to order by Chair, Doug
Ochsner, at 1:30 p.m.
ROLL CALL ABSENT
Doug Ochsner-Chair
Tom Holton -Vice Chair
Nick Berryman
Paul Branham
Erich Ehrlich —`
Robert Grand
Bill Hall
Mark Lawley
Roy Spitzer
Also Present:Jacqueline Hatch, Department of Planning Services;Don Dunker,Department of Public Works;
Troy Swain, Department of Health; Cyndy Giauque, County Attorney(via phone).
Robert Grand moved to approve the August 5, 2008 Weld County Planning Commission minutes, seconded
by Bill Hall. Motion carried.
The Chair read the case into record.
• CASE NUMBER: AmUSR-1356
APPLICANT: Marvin&Sandra Mae Te Velde Family Trust
PLANNER: Jacqueline Hatch
REQUEST: A Site Specific Development Plan and Amended Use by Special Review Permit for
a Livestock Confinement Operation(5,000-head dairy including milking cows,dry
cows,heifers,and calves and nine additional mobile homes as accessories to the
farm)in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: Pt N2 of the SW4 and Lot B of RE-2098 Pt of the S2 of the N2 of Section 28,T2N,
R67W of the 6th P.M.,Weld County, Colorado.
LOCATION: East of and adjacent to CR 17 and approximately% mile south of CR 18.
The Chair asked Jacqueline Hatch, Department of Planning Services, if she wishes for this case to remain
on the Consent Agenda. Ms. Hatch replied that she does wish for this case to remain on Consent, as well
as does the applicant. She added that she would like to request one change to the resolution. According
to a letter received from Kerr McGee, she would like to request a new Condition of Approval 1.J be added
and renumber accordingly. The new Condition of Approval 1.J would state"The applicant shall address
the requirements/concerns of Kerr McGee as stated in the referral response dated August 14, 2008.
Evidence of such shall be submitted in writing to the Weld County Department of Planning Services".
Ms. Hatch commented that the applicant is in receipt of this request and still wishes for this case to remain
on the Consent Agenda.
The Chair asked the Planning Commission members if they wish to accept or deny this new condition of
approval.
Tom Holton moved to add a new Condition of Approval 1.J and renumber accordingly as per staff
recommendations, seconded by Roy Spitzer. Motion carried unanimously.
• The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
EXHIBIT
The Chair read the next case into record.
nu 1Lcu7/el:-C.nv2J Z%-3- oo? I Amuse *l36&
CASE NUMBER: CZ-1146
• APPLICANT: Twenty-four Applicants(Twenty-five parcels)do Kapsak Law Firm
PLANNER: Jacqueline Hatch
REQUEST: Change of Zone from R-1 (Residential) Zone District to A (Agricultural) Zone
District.
LEGAL DESCRIPTION: Lot A&B of RE-284 Pt of NW4,Lot A RE-2008 Pt SW4, Lot A RE-3841 Pt SW4,
Lot A RE-633 Pt SW4, Lot A&B of RE-3492 Pt E2 NE4, Parcel 1 and 2 AmSE-
638 Pt E2 NE4,2 parcels located in Pt NE4 NE4,2 parcels located in Pt E2 NE4,
11 parcels located in Pt of the NW4, 1 parcel located in Pt NE4 NW4, all being
part of Section 30,T3N, R68W of the 6th P.M.,Weld County, Colorado.
LOCATION: Twenty-five parcels generally located South of State Highway 66, East of CR 1,
and west of CR 3.
The Chair asked Ms. Hatch, Department of Planning Services, if she wishes for this case to remain on the
Consent Agenda. Ms. Hatch replied that she does wish for this case to remain on the Consent Agenda. She
gave a brief overview of the case.
Ms. Hatch commented that this case includes twenty-five parcels that are requesting to be changed from the
R-1 Zone District to the Agricultural Zone District. A little background shows that in 1963 all the lands within
this Section 30 were rezoned from Agricultural to Transitional by resolution. Later during the Comprehensive
Re-districting for the County completed during the adoption of the first zoning ordinance the parcels that have
residential structures were reclassified from Transitional to Low-Density Residential. Some parcels may have
had the Estate classification; however both the Transitional and the Estate Zoned District were eliminated by
this action. The Estate classification was brought back by name only in 1992. However the standards were
not the same as in 1981. Thus, a modification to the existing zone district designation was not appropriate.
Many of the lands associated with this area have for several years had livestock on site and numerous
reflections of an Agricultural Zoned District.
These numbers were not in compliance with the R-1 Zone District as each lot is only limited to two animal
• units per the code. There are three parcels in the last five years that have completed a Change of Zone
application in this area. The Schaal property changed from R-1 to Agricultural in 2002, the Greenman
changed from R-1 to Neighborhood Commercial and Estate in 2003, and the Nesting Crane PUD was
approved for PUD with Estate Zoning in 2005. All the remaining lands in Section 30 are either zoned R-1 or
are a part of the Seem ore Heights Subdivision. The twenty-five lots proposed today are not a part of Seemore
Heights Subdivision; they are legally created lots that have R-1 zoning and are wishing to change to
Agricultural Zoning. Staff is in support of this application and wishes for this case to remain on the Consent
Agenda.
The Chair asked if any of the applicants were at the meeting who wished to speak for this case remaining on
the Consent Agenda. No one wished to speak.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Dan Schneider, 13581 Elmore Rd, Seemore Heights Subdivision. Mr.Schneider stated that he is opposed to
the zoning of Agricultural. On the east side of their subdivision is Nesting Crane Ranch. There are nine
homes on that side, there is twenty-nine on his street, five of which want to switch. However that leaves
twenty-four that will be affected by the Change of Zone. He can understand some of the area within the
Section that would want to change to Ag. However the whole section that is currently zoned R-1 and wants to
change to Ag would be a big impact on their subdivision as they are right in the middle of it. He doesn't
believe it makes sense to have nine lots in one subdivision, twenty-four lots in another and put five homes in
the middle of it zoned Ag. Rules and regulations are different from R-1 to Ag. He brought some pictures of his
concerns to give an example of what he is referring to. Some of his concerns were with the possibility of
outbuildings, fencing, etc that would not be compatible with the area.
Mary Rosenburg, 13617 Elmore Rd. She is a real estate broker and has lived in the area for 17 years. Her
concern is that they have a Dead End Street. She added that their street is 90%residential in the subdivision.
• There are a few lots at the entrance of her street that make the appearance of their street not as acceptable
as one would like upon driving in. Thus, it does decrease the value of the homes along that street. To change
the zoning to agricultural allows them a little more freedom to add items to their property, thus again
decreasing the values of homes along their street. She is very much against the Agricultural zoning change
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on Elmore Road because it does devalue what they have.
• Frank Flores, 1316 CR 1. [Most of his testimony was inaudible] He stated that nothing is different than what
was going on in 1963. They are trying to do everything they can to do what is appropriate with the zoning in
that area and comply with Weld County code.
Since there was no further testimony, the Chair closed the public portion of this case.
The Chair asked the Planning Commissioners if they wish for this case to remain on the Consent Agenda or if
they wish to pull this case and let it be heard.
Robert Grand made a comment that the lots were not contiguous and was this application really correcting a
problem. Commissioner Spitzer indicated that he wished to hear this case as well as Commissioner Hall.
The Chair stated that this case will be pulled off of the Consent Agenda and will be heard. However, before
hearing this case there needs to be a motion to accept the amended Consent Agenda.
Mark Lawley moved to accept the amended Consent Agenda, including Case AmUSR-1356,and forward to
the Board of County Commissioners along with the amended Conditions of Approval and Development
Standards with the Planning Commission's recommendation of approval, seconded by Roy Spitzer. Motion
carried unanimously.
The Chair asked to take a five minute recess to contact the County Attorney.
The Chair then continued with reading Case CZ-1146 back into record.
Jacqueline Hatch, Department of Planning Services,read into record the names of the twenty-four applicants.
Daniel Kapsak, Kapsak Law Firm, represents the following twenty-four applicants: Earl Bergland, Richard&
Linda Chinn, George & Carol Coburn, John &Jackie Docheff, Justin Docheff, Rita Ann Ellis, Francisco &
Gloria Flores, Robert&Barnetta Greenwalk, Barton Grubbs, Dennis&Julie Heil, Charles&Teresa Hellmer,
Miguel Jaime,William&Sally Ann Jesser, George&Ricque Johnson, Dennis&Tammy Madewell, James&
Shirley Martin, Preston&Bonita McCollum, D.William &Inez Prather, Robert&Rae Rives,Richard&Susan
Schneider, Joe & Kimberly Knight, Alan & Cathy Dawn Whittern, Bryon & Ruth Yost and William Jesser,
Benny&Laurie Scearce. These applicants applied for a Change of Zone from Residential(R-1)Zone District
to A(Agricultural) Zone District for twenty-five (25) properties.
The sign announcing the Planning Commission hearing was posted on August 1, 2008 by staff.
The twenty-five(25)parcels are generally located south of State Highway 66,east of County Road 1,and west
of County Road 3.
The site is located within the Intergovernmental Agreement Area for the City of Longmont and is utilizing Left
Hand Water District and Individual Sewage Disposal Systems. The City of Longmont in their referral dated
June 26, 2008 state that they have no concerns with the zoning change from R-1 (Residential) to A
(Agricultural) but do have concerns about possible additional septic systems and potential effects on water
quality in the area. The City of Longmont is requesting that no new septic systems be installed. The applicant
has responded to the City of Longmont's concerns in a letter dated July 3,2008 in which they state that if the
existing systems need to be repaired or replaced and public sewer is located within 400 feet of the property
the property owner will need to connect into the public system. A Development Standard has been placed on
the plat outlining this requirement.
The properties are also located with the three mile referral area for the Town of Mead and the Town of
Firestone. The Town of Mead in their referral dated May 28, 2008 state that they have reviewed the request
and find no conflicts with their interest and that the area is located in the Longmont Planning Area. No
comments were received from the Town of Firestone.
• The surrounding property is agricultural in nature.
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