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Home My WebLink About20082450.tiff INVENTORY OF ITEMS FOR CONSIDERATION • Applicant Hasbrouck Holdings, LLC Case Number USR-1661 Submitted or Prepared Prior to At Hearing Hearing N. 1 Staff Comments X Department of Planning Services Field Check Form X Letter to Applicant X Legal Notifications X 2 Application X Maps X Na Deed/Easement Certificate Surrounding Property/Mineral Owners X Utilities 3 Referral List X Referrals without comment X USDA-APHIS Veterinary Service referral received 6/23/2008 X "4 Weld County Sheriffs Office referral received 6/30/2008 X • West Greeley Soil Conservation District referral received 7/16/2008(3 pages) X 4 Referrals with comments X Weld County Department of Public Works referral received 7/23/2008(2 pages) X E-mail from Don Dunker—Department of Public Works received 8/20/2008 at X 11:56 AM E-mail from Don Dunker—Department of Public Works received 8/20/2008 at 3:25 X PM with CDOT access code attachment Weld County Department of Public Health and Environment referral received X 8/26/2008(4 pages) Weld County Zoning Compliance Officer referral received 6/20/2008 X Colorado State University Extension Office referral received 7/7/2008 X Weld County Department of Building Inspection referral received July 21,2008(2 X pages) Colorado Division of Water Resources referral received 7/9/2008 X 5 Surrounding Property Owners/Mineral Owners -Letters Aj4 6 PC Exhibits 6A Sign posting affidavit .c�.d Unda CCvwrua) X 6B Letter from Randall &Kathy Wolf dated 8/28/2008 X 6C Letter from Dorothy J. Nelson received 8/27/2008 X • 6D Letter from Judy May received 8/27/2008 X 6E Letter from Dr. Rene Moreschini received 8/13/2008 X EXHIBIT 2008-2450 ILK_As_ 6F Letter from Mr. & Mrs. Charles R. Killion dated August 27,2008 X • 6G E-mail from Karen Wheeler received 8/23/2008 X 6H E-mail from May Fu received 8/22/2008 X 61 E-mail from Sarah Manno received 8/18/2008 X N 6J E-mail from Kristina received 8/18/2008 X N 6K E-mail from Norman Illsley received 8/13/2008 X ` 6L E-mail from Summer Jawson received 8/13/2008 X N 6M E-mail from Christiana Eala received 8/13/2008 X N 6N E-mail from David Bartecchi received 8/13/2008 X NE 6O E-mail from Jessica Sterner received 8/13/2008 X ' 6P E-mail from Barbara Gotshall received 8/5/2008 X N. 6Q E-mail from Norm Illsley received 7/27/2008 X N 6R E-mail from Miriam Sajbel received 7/22/2008 X N 6S E-mail from Sabine Kruger received 7/22/2008 X N' 6T E-mail from Suzanne Brown received 7/22/2008 X 6U Traffic Study Results memo—Don—Dunker-Department of Public Works— X received 8/28/2008 6V CDOT access Code—Section 3.8 X 6W Fax from Don Bensen received 8/29/2008 X 6X Letter from Jack&Teddy Reeman X 6Y Memo from Don Dunker—Public Works to Planning Commissioners dated X 9/2/2008 ii?? • 6AA Letter from Larry&Karen King Dated' /31/2008 X 6BB Washington State University Malignant Catarrhal Fever Website Information X I hereby certify that the 42 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commissioners hearing. (`��',� V/µ�ito ittA___,_ Chris Gathman E• Planner • W■��. LAND USE APPLICATION SUMMARY SHEET COLORADO Case Number: USR-1661 Hearing Date: September 2, 2008 Applicant: Hasbrouck Holdings, LLC 39646, County Road 39, Ault, CO. 80610 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 15,000 head of buffalo or 24,000 head of cattle) in the A (Agricultural) Zone District. Legal Description: Lot B of RE-620; being part of the SE4 of Section 22,Township 8 North, Range 65 West of the 6th P.M., Weld County, Colorado Location: North of and adjacent to County Road 90, '/mile east of County Road 43 and west of and adjacent to County Road 45 section line • Size of Parcel: 152 +/-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 DRAFT ▪ Weld County Department of Public Works, referral received 7/23/2008 ■ Weld County Department of Building Inspection, referral received 7/21/2008 ▪ Colorado State University Extension, referral received 7/7/2008 ▪ USDA-APHIS Veterinary Service, referral received 6/23/2008 ▪ Weld County Zoning Compliance, referral received 6/20/2008 ▪ West Greeley Soil Conservation District, referral received 7/16/2008 ▪ Office of State Engineer— Division of Water Resources, referral received 7/9/2008 ▪ Weld County Sheriffs Office, referral received 6/30/2008 Referrals have not been received from the following Agencies: ▪ Colorado Division of Wildlife • Nunn Fire Protection District ▪ North Weld County Water District • EXHIBIT 1 USR-1661 Hasbrouck,LLC feedlot page 1 of 8 SPECIAL REVIEW PERMIT • tiia 41‘1? 7 ADMINISTRATIVE REVIEW WIiDc COLORADO Planner: C. Gathman Case Number: USR-1661 Hearing Date: September 2, 2008 Applicant: Hasbrouck Holdings, 39646 County Road 39, Ault, CO. 80610 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 15,000 head of buffalo or 24,000 head of cattle) in the A (Agricultural) Zone District. Legal Description: Lot B of RE-620; being part of the SE4 of Section 22,Township 8 North, Range 65 West of the 6th P.M., Weld County, Colorado Location: North of and adjacent to County Road 90, 1/2 mile east of County Road 43 and west of and adjacent to County Road 45 section line • Size of Parcel: 152 +/-acres Parcel Number 0551 22 300019 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 22-2-60 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." 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." • USR-1661 Hasbrouck LLC Feedlot page 2 of 8 This use is proposed on vacant farmground. Feedlots are agricultural related uses. The Department of Planning Services is requiring the wastewater pond and sediment basins • be screened by berms and be located a minimum of 50-feet from edge of road right-of- way to provide buffering from the nearest residences (at the corner of County Roads 45 and 90). There is also a requirement that the applicant demonstrate how adjacent residences to the southeast will be protected from discharges from the waste water pond or relocate the pond to prevent discharges onto these properties. Additionally there is a requirement that any manure storage be located toward the center of the site to mitigate odor and dust impacts on neighboring properties. 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 6.16 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. A Confined Feeding Operation (SUP-174 for 10,000 head of cattle) lies 2.5 miles west of the proposed feedlot. A dairy facility (SUP-178) is located approximately 2 miles to the northwest and another dairy facility (USR-1395 for 10,000 head of dairy cattle) is located 3-4 miles to the northwest of this site. Eight single-family residences are located in the vicinity of the proposed feedlot.A single-family residence is located immediately to the southwest of the site and two single-family residences are located immediately to the southeast of the site. Two single family residences are located 1/8 of a mile to the west of the site and two single-family residences are located % mile to the west of the site. One single family residence is located mile to the north of the site. The Department of Planning Services is requiring the wastewater pond and sediment basins be screened by berms and be located a minimum 50- feet from the edge of road right-of-way to provide buffering from the nearest residences(at the corner of County Roads 45 and 90) and that any on-site manure storage be located toward the center of the site to mitigate odor and dust impacts on neighboring properties.The • applicant is additionally required to submit a Landscape and Screening Plan demonstrating how they have mitigated the impact to the neighboring residences. 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 site is not located within the 3-mile referral area nor urban growth boundary of any municipality. e. Section 23-2-220.A.5--The application complies with Section 23-5 of the Weld County Code. The proposed facility 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 USR-1661 Hasbrouck LLC Feedlot page 3 of 8 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 July 23,2008 to discuss the referrals received 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: A. The plat shall be amended to delineate the following: 1) All sheets of the plat shall be labeled USR-1661. (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) The plat shall show the entire parcel and clearly delineate the area covered by this permit. (Department of Planning Services) 4) Oil and Gas drilling envelopes (if no surface use agreement or memorandum of • understanding is reached or locations specified under the approved Surface Use Agreement). (Department of Planning Services) 5) All feed alleys shall be surfaced with gravel and shall be graded to prevent drainage problems. Indicate on the plat that there is adequate parking and circulation throughout the feedlot and office buildings. (Department of Public Works) 6) County Road 90 is a collector road that requires 80-feet of right-of-way at full build out. There is presently 60-feet of right-of-way. A total of 40-feet from the centerline of County Road 90 shall be designated as future road right-of-way for County Road 90. 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) 7) The internal road(s) shall enter onto County Road 90 at a 90°angle, for a minimum of one vehicle length to provide adequate site distance in both directions. This shall be indicated on the plat. (Department of Public Works) 8) A stop sign shall be placed at the intersection of County Road 90 and the access into the USR facility to stop southbound traffic entering onto County Road 90.This shall be indicated on the plat. (Department of Public Works) 9) The approved landscape and screening plan. (Department of Planning Services) 10) Location of proposed lighting as outlined in the approved lighting plan. (Department of Planning Services) • USR-1661 Hasbrouck LLC Feedlot page 3 of 8 • 11) The proposed wastewater pond is located directly across the intersection from County Roads 90 and 45 from two existing residences. This is a proposed new feedlot.The wastewater pond and sedimentation ponds shall be set back a minimum of 50-feet from the edge of future road right-of-way for County Road 90 and 50-feet from the eastern property line. The setback shall be from the toe of the slope of the wastewater pond.The wastewater pond should be bermed on the south and east to screen neighboring residences. (Department of Planning Services) 12) The edge of the feedlot operation shall be set back a minimum of 50-feet from the edge of future road right-of-way for County Road 90. (Department of Planning Services) 13) Manure storage and/or composting areas shall be indicated on the plat to provide adequate storage for the facility at full build-out.These areas shall be located toward the center of the property to buffer from neighboring properties. (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 7/23/2008 and in their e-mails dated 8/20/2008 at 11:56 AM and 8/20/2008 at 3:25 PM.Written evidence that these concerns have been addressed shall be submitted to the Department of Planning Services. (Department of Planning Services) E. Just east of this property crossing CR-90 there is a waterway flowing southeast and then to the south of CR-88 this same waterway becomes a FEMA regulated floodplain. There are two residences located immediately to the southeast of the proposed wastewater pond in the vicinity of the waterway which could be immediately impacted by a discharge.The applicant shall: 1) Provide evidence that the waterway and adjacent residences are protected from a discharge. OR 2)Relocate the wastewater pond towards the center of the site to prevent discharges into the waterway to the east/southeast of the site. (Departments of Public Works & Planning Services) F. Demonstrate that the proposed impoundment meets setbacks to water wells and • groundwater for new an expanded impoundments found in the groundwater protection requirements of Colorado Water Quality Control Commission Regulation Number 81 (5 CCR 1002-81). Evidence of such shall be provided to the Departments of Public Health and Environment and Planning Services. (Department of Public Health & Environment) USR-1661 Hasbrouck LLC Feedlot page 4 of 8 G. Demonstrate that the facility has adequate manure storage in the event that off-site • composting becomes unavailable or not economically feasible. The application materials state that manure produced will be composted or hauled off and provided to local farmers. No composting area or manure storage areas are designated on the site plan map. (Department of Public Health & 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 to the southeast and west of the site. 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 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 submit a finalized Water Service Agreement between the applicant and the North Weld County Water District for service to the site. (Department of Planning Services) • K. If a sign is proposed,the applicant shall submit a detailed signage plan to the Department of Planning Services, including location and size. Signs shall be in compliance with Article VI, Division II and Appendices C through E of the Weld County Code. (Department of Planning Services) 2. Upon completion of 1.above the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services, Staff. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within 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. 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,Arcl nfo Coverages and Arcl nfo 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 mapsna,co.weld.co.us. (Department of Planning Services) 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) • USR-1661 Hasbrouck LLC Feedlot page 5 of 8 SITE SPECIFIC DEVELOPMENT PLAN • SPECIAL REVIEW PERMIT Hasbrouck LLC DEVELOPMENT STANDARDS USR-1661 1. A Site Specific Development Plan and a Special Review Permit for a Livestock Confinement Operation (feedlot for 15,000 head of buffalo or 24,000 head of cattle) 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 ten (10) as stated in the application materials. (Department of Planning Services) 5. The open lot wastewater impoundment described in the submitted application materials shall be constructed to contain the design storm event and the liner shall meet seepage rate requirements prior to the acceptance of waste water. (Department of Public Health & Environment) 6. The facility shall design, construct, operate, and maintain their open lot wastewater impoundments using the standards for new impoundments set forth in the groundwater protection requirements of Colorado Water Quality Control Commission Regulation Number 81 (5 CCR 1002-81). (Department of Public Health & Environment) • 7. The facility shall operate in compliance with Colorado Water Quality Control Commission Regulation Number 81 and 61. (Department of Public Health & Environment) 8. 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) 9. 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) 10. 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) 11. 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) 12. 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) USR-1661 Hasbrouck LLC Feedlot page 6 of 8 13. 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) 14. 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) 15. 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) • 16. 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) 17. 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) 18. 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) 19. 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) 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. 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) 22. Adequate drinking water, hand washing, and toilet facilities shall be provided for employees and • patrons of the facility. (Department of Public Health & Environment) USR-1661 Hasbrouck LLC Feedlot page 7 of 8 23. If required, a stormwater discharge permit shall be obtained from the Colorado Water Quality • Control Division for construction activities. (Department of Public Health & Environment) 24. 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) 25. Should this facility be converted from 15,000 head of buffalo to 24,000 head of cattle, Evidence of adequate water shall be provided to the Department of Planning Services prior to the conversion. (Department of Planning Services) 26. 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) 27. 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) 28. 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) 29. 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) 30. 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) • 31. 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) 32. 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) 33. 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) 34. The property owner or operator shall comply with all applicable rules and regulations of State and Federal agencies, including but not limited to the Colorado Oil and Gas Conservation Commission rules and regulations, and the Weld County Code. (Department of Planning Services) • USR-1661 Hasbrouck LLC Feedlot page 8 of 8 • ap 6411- DEPARTMENT OF PLANNING SERVICES NORTH OFFICE 918 10T" Street GREELEY, CO 80631 • PHONE: (970) 353-6100, Ext. 3540 "i lk FAX: (970) 304-6498 COLORADO June 19, 2008 Hasbrouck Holdings, LLC do Cody Hollingsworth AGPROfessionals, LLC 4350 Highway 66 Longmont CO 80504 Subject: USR-1661- Request for a Site Specific Development Plan and a Special Review Permit for Livestock Confinement Operation (feedlot for 15,000 head of buffalo or 24,000 head of cattle or any combination thereof not to exceed more than 24,000 animals on site) in the A (Agricultural) Zone District on a parcel of land described as Lot B of RE-620; being part of the SE4 of Section 22, T8N, 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. If you have any questions concerning this application, please call. Respectfully, 4SNo Jr Chris Gathman Planner • M PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS August 23, 2008. THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN 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-1661 IN THE A (AGRICULTURAL) ZONE DISTRICT. CHRIS GATHMAN Name of Person Posting Sign dil atkICI -C-14alitec"- Signature of Person Posting Sign STATE OF COLORADO ) ) ss. COUNTY OF WELD ) I) The foregoing instrument was subscribed and sworn to me th&-",f day of , 2008. WITNESS my hand and official seal. Nx -tp1Dl INFO 1‘ ( ( tt ) Notary Public I(.1”, rt/BL\C ::O $ 11t‘‘‘ 11'► °pan--tPO My Commission Expires: q // ( • EXHIBIT 1 ( A 2 Z A • + , • 4 Q X1.1 �� M r- .-21/4 - . t ‘-‘, ,I,, -% • ..--, i. • .)...#14% 4.. I ';14; a 1:‘I I)4,00; ' .. ..7•1104fr #:. !, • Aye• ' a •1.r�..•.. ..'�- } / , / • �er- a T,� cik: er- eye-i .. 1 - • �.. SAS `` • Idle . ,:1/4. s. u.,...!-, IMP :j r � 'IV ,. ` 77-a s - S• '"� ,- • Ct r s f:! �- O,L'' E .r. ` \ t• ' "(Vt.; `•. ♦ ,..• It.; 4' H I s. ilr 11�'� 1La`\-- r'1;` . 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THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN 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 BOARD OF COMMISSIONERS HEARING FOR USR-1661 IN THE AGRICULTURAL ZONE DISTRICT. Chris Gathman Name /of Person Posting Sign 1(41/Q oteet4,.., Signature of Person Posting Sign di STATE OF COLORADO )ss. COUNTY OF WELD The foregoing instrument was subscribed and sworn to me this Sal of rnhry. , 2008. WITNESS my hand and official seal. BETHANY SALZMAN Notary Publi ZINN co% My Commission Explr `�FGa." 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A... ; 1.• 411.1 i er $ .„?... • ♦ • f sr'ti • �� :. _ '. • . . mil 'j sa.•Y��.• • r , j.. \ .., y � •�• .., -_: .> �. ` , •s •::::::::.,:i.. �+` • , , . . . ,_ TC•Q a 4 a'- • Weld County Planning Department GREELEY OFFICE �IUN a s zoos MEMORANDUM RECEIVED ' TO: Kim Ogle, Planning Services DATE: June 2, 2008 • FROM: Donald Carroll, Engineering Administrator ipt- COLORADO SUBJECT: Pre-Submittal, Hasbrouck Holdings, LLC I have reviewed the pre-submittal application. The Weld County Public Works Department shall be looking for four critical items: S. Site Plan Review ➢ Traffic Study ➢ Preliminary Drainage Report ➢ Geotechnical Soils Report Site Plan Review: The applicant needs to provide a 24" x 36" sheet (23-2-260) showing parking for employee vehicles and equipment (23-2-260 D10). Show the existing section line (WCR 45). Identify a 30-foot right-of-way on the west side only (23-2-60 5-C-1). • WCR 90 is a collector status road and requires an 80-foot right-of-way at full build out. There is presently a 60-foot right-of-way. This road is maintained by Weld County. Pursuant to the definition of setback in the Weld County Zoning (23-1-90), measure from the future right-of-way. Traffic Study: The applicant identified 6 tanker trucks per week, 3-4 end dump trailers, one manure/compost/bedding truck per day, along with 2-3 full-time employees. In the pre-app, you identified 16-25 employees. A traffic study will not be required with these numbers. Preliminary Drainage Report: The applicant has submitted Nutrient Management Plan. This will be reviewed by the Colorado Department of Health and Environment along with the Weld County Health Department. Geotechnical Soils Report: The applicant has provided a soil survey and engineering properties for the layers of each soil in the survey area. M:\PLANNING-DEVELOPMENT REVIEW\PreSubmittals\Hasbrouck Holdings.doc • • Neighbor Meetings conducted by Mr. Jay Hasbrouck 1. Jack and Teddy Reeman: First week of December 07, told them I was their new neighbor, I believe at that time I gave them a very vague idea of what I might do. Seemed to have no problem with anything. Mid July 08, stopped by again to say Hi, nobody answered the door, but noticed all their vehicles were there. August 2, 08, stopped by again, Jack was not in but Teddy invited me in. I could tell she was very nervous and kept saying I wish Jack were here. I was there for almost 40 minutes. Showed her the plans and had no complaints.After the hearing, we now realize she is the one making the complaints. At the hearing, her husband Jack said we were working at night, and the flies and smell were bad. The flies were caring blood to his yard, visible on vehicles and when they would land on his arm and they would leave blood. 2.Jim Reeman: Owns the property along with Brother Jack, east side of bison lot. I did not contact him but was advised by Teddy to make sure I see him at some point. He was at the hearing representing the Dorothy Nelson from California, who owns the property to the west of proposed compost site. 3. Martha Killian: August 1, 08 stopped by and nobody was home. August 2, 08 she was in the yard working, invited me in, talked to her about the proposal, no negative response, she just agreed with everything I said. She attended the hearing; her complaint was the flies and odor. The flies were so bad her goats were trying to • cover them selves in dirt to keep them off. 4.Gary and Darlene Sim_pson: August 1.08 Toy and I stopped in, stayed for 40 minutes, talked about the proposal, supported, said they would attend meetings If we wanted them. Said if there was ever a problem and I did not correct it, he would call authorities. 5. Neighbor to the north of Gary Simpson; August 1 and 2 stopped by but no one was home. I believe this is Larry King 6. Delbert and Kari McFarland: Neighbor to the east of Gary Simpson, it is the new home on top of the hill. He is a state patrol. I went there his son answered the door, said his dad was not home. I left the drawing and my business card, told him to give me a call. That was on August 2 7. Jerry and Dee Simpson: August 2, 08 Dee answered the door, left a drawing, she had no problem, but I needed to visit with Jerry.Jerry is the son of Gary. Both should be on our side. 8. Virgil and Rose Stewart: August 2, 08 Visited for 45 minutes, they are elderly people, they were concerned about the bison getting out; they are about 3 miles away to the south. 9. Mark Stewart: Was not home I stopped at three other places and found no one home, but the dogs! Beware of all the dogs! • • 10. Larry King: August 13, 08 Larry stopped by Jay's Office. His concerns were, his wife has asthma and cannot handle the dust. Has no problem with the feedlot but will contact me if there is any dust. 11. Delbert and Kari McFarland: August 16, 08 meeting at Eaton Country Club. The had several questions regarding ponds, odor and dust. They had been to two neighborhood meetings and talked about aerobic and anaerobic ponds, covered ponds.The meeting was good, Del showed some concern, at the end of meeting asked if Turner would buy his place. Neighbor hood meetings for Cody Hollingsworth AgProfessionals, LLC 1. Jack and Teddy Reeman, August 21, 2008: Reemans are unhappy with the compost site to the north of the proposed feedlot. They expressed displeasure for how Mr. Hasbrouck has handled the situation. 2. Martha Killion, August 21, 2008. I stopped by the Killion residence but was asked to come back another time, as they did not have time to discus the situation with me. 3. Larry King, August 25, 2008. I left a phone message. I have not received a return call as of August 27, 2008. I will be back in the neighborhood the afternoon of August 27th and will stop by again. 4. Gary Simpson, August 25, 2008: I spoke with Gary on the phone, it was a positive conversation. Gary is concerned about the pond, but understands the process and procedures of the application. He is not against the application. Mr. Simpson previously had a special use permit on his property for a hog operation. 5. Kari McFarland, August 25, 2008: I spoke with Ms. McFarland on the phone, she said they had met with Mr. Hasbrouck and he answered their questions. She asked questions • about the pond and odor and dust control. I explained to her the methods that will be implemented to control dust and odor.The conversation was positive. 6. Martha Killion, August 25, 2008: I spoke with Ms. Killion on the phone and she asked that I call her before I come out next time and they will try to speak with me then. • • FIELD CHECK inspection dates: 7/23/2008 & 8/22/2008 APPLICANT: Hasbrouck Holdings, LLC CASE #: USR-1661 REQUEST: A Site Specific Development Plan and Special Review Permit for a Livestock Confinement Operation (feedlot for 15,000 head of buffalo or 24,000 head of cattle) in the A(Agricultural)Zone District LEGAL: Lot B of RE-620; being part of the SE4 of Section 22,Township 8 North, Range 65 West of the 6th P.M., Weld County, Colorado LOCATION: South of and adjacent to County Road 90 and 1/2 mile east of County Road 43 PARCEL ID #: 0551 22 300019 ACRES: +/- 152 Acres Zoning Land Use N A N Agricultural land, Single-Family residence 1/2 mile north E A E Vacant ground to the east Two Single-family residence to the immediate southeast, one single family residence approximately ''/-1/2 mile to the east S A S Vacant ground W A W Single-family residence immediately to the west, two- • single family residences approximately 1/8 mile to the west, and one additional single family residence %to the west COMMENTS: Currently a vacant parcel,of land. Parcel is fairly flat sloping gradually to the southeast. Chris Gathman - Planner II • Hello