HomeMy WebLinkAbout20080381.tiff RESOLUTION OF THE WELD COUNTY PLANNING COMMISSION
Moved by Tom Holton that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
• CASE NUMBER: USR-1625
APPLICANT: Aurora Dairy Corporation
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Part of the N2 of Section 29, T3N, R67W of the 6th P.M., Weld County,
Colorado.
REQUEST: Site Specific Development Plan and Use by Special Review for agricultural
service establishments primarily engaged in performing agricultural,animal
husbandry or horticultural services on a fee or contract basis, including a
livestock confinement operation for a 3,000 head dairy and multiple single-
family dwelling units per lot other than those permitted under Section 23-3-
20A.
LOCATION: South of and adjacent to State Highway 66 and west of CR 17.
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.
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Agricultural businesses and industries will be encouraged to locate in areas that minimize the
removal of agricultural land from production." A Dairy is considered agricultural related use.
The proposal is to modify an existing dairy operation.
b. Section 23-2-220.A.2--The proposed use is consistent with the intent of the A(Agricultural)
Zone District.Section 23-4-40.6.16, 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.
c. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses. The existing Aurora Dairy milk processing facility approved under
AMUSR-1405 is located to the west of this site, three (3) existing single family residences
and agricultural land is located to the north of the site (across State Highway 66), the St.
Vrain river is located to the south of the site, and an existing gravel mining operation is
located approximately 1/8 of a mile to the east of the site. This USR is to revise an existing
dairy.The proposal will reduce the number of cows and provide additional pasture area within
the confines of the dairy. The boundaries of the dairy will not expand through this USR.
Development standards and conditions of approval will ensure that this operation is
compatible with the existing surrounding land uses.
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. �,.•fvr ">
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2008-0381
Resolution USR-1625
Aurora Dairy Corporation
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e. Section 23-2-220.A.5 — The site is located within the floodplain as defined by FIRM map
080266-0855C, dated September 28, 1982.Any proposed or future development on the site
will require a flood hazard development permit.
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 majority of the property
is designated as "other" with portions of the site designated as "Prime" and "Irrigated Non
Prime" in the northwest corner of the site 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.
• 1. Prior to recording the plat:
A. The applicant has not indicated that there will be any lighting on site. If lighting is intended,a
Lighting Plan, including cut sheets of the proposed light fixtures, 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. Furthermore, the approved
Lighting Plan shall be delineated on the plat. (Department of Planning Services)
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 [81.5 (3)]. Written evidence of Department of Public
Health and Environment approval shall be provided to the Department of Planning Services.
(Department of Public Health and Environment)
C. The applicant shall demonstrate that wastewater impoundments meet required setbacks to
water wells and groundwater required by Colorado Water Quality Control Commission
Regulation Number 81. [81.5 (6)]. Written evidence of Department of Public Health and
Environment approval shall be provided to the Department of Planning Services.(Department
of Public Health and Environment)
D. The applicant shall provide evidence that a CAFO Colorado Discharge Permit has been
applied for or obtained from the Colorado Water Quality Control Division.Written evidence of
Department of Public Health and Environment approval shall be provided to the Department
• of Planning Services. (Department of Public Health and Environment)
Resolution USR-1625
Aurora Dairy Corporation
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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(Anadarko&Kerr-McGee)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 address the recommendations of the Weld County Sheriff's Office as
stated in their referral received November 13, 2007. Written evidence of such shall be
submitted to the Department of Planning Services. (Weld County Sheriffs Office)
G. The applicant shall address the requirements of the Weld County Department of Public
Works as stated in their referral received October 10,2007.Written evidence of such shall be
submitted to the Department of Planning Services. (Department of Public Works)
• H. The applicant shall attempt to address the requirements of the Longmont Soil Conservation
District as stated in their referral received October 12, 2007. Written evidence of such shall
be provided to the Department of Planning Services. (Longmont Soil Conservation District)
The applicant shall address the requirements of Weld County Ambulance Services as stated
in their referral received October 1, 2007.Written evidence of such shall be provided to the
Department of Planning Services. (Weld County Ambulance Services)
J. The applicant shall address the requirements of the Colorado Department of Public Health
and Environment — Water Quality Control Division/Environmental Agriculture Program as
stated in their referral received November 2, 2007. Written evidence of such shall be
provided to the Department of Planning Services. (Colorado Department of Public Health and
Environment)
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 23 C through E of the Weld County Code. (Department of
Planning Services)
L. The applicant shall address the requirements of the Weld County Department of Planning
Services (landscape referral)dated September 12, 2007. Written evidence of such shall be
provided to the Department of Planning Services. (Department of Planning Services)
M. The applicant shall provide written evidence of existing water service to the site(Central Weld
Water District). (Department of Planning Services)
N. The plat shall be amended to delineate the following:
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Resolution USR-1625
Aurora Dairy Corporation
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1. The plat shall be prepared in accordance with Section 23-2-260 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 USR-1625. (Department of Planning
Services)
4. Current State Highway 66 right-of-way shall be delineated on the plat.A total of 75
feet from the centerline of State Highway 66 shall be delineated as future right-of-
way for State Highway 66. (Colorado Department of Transportation)
5. The applicant shall address and adhere to the American with Disabilities Act(ADA)
and ADA standards for this facility at all times. Non-ambulatory/ambulatory parking
spaces shall be identified and shown on the plat. This site will be required to meet
all requirements of the Americans with Disabilities Act. ADA parking spaces are
twenty(20)feet by eight(8)feet with five (5)foot aisles. A minimum of one space
must be van accessible with an eight (8) foot aisle. An accessible path shall be
required from the building to the public right-of-way.The parking spaces must be the
closest possible to the entrance. Signing will be required. Curb cuts, ramps and
other methods of providing accessibility shall be required to reasonably attempt to
meet the requirements of this Act. Should the applicant elect to not adhere to the
previously discussed Federal Standards, this office requests that the applicant
outline how their proposed site design mitigates the requirements of the American's
with Disabilities Act. (Department of Planning Services)
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6. The approved lighting plan, if applicable. (Department of Planning Services)
7. Any approved signs, as applicable. (Department of Planning Services)
8. 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)
3. 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)
4. Upon completion of 1. and 2. 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)
5. The Department of Planning Services respectively requests the surveyor provide a digital copy of this
Use by Special Review. Acceptable CAD formats are .dwg, .dxf,and .dgn(Microstation); acceptable
GIS formats are ArcView shapefiles,Arclnfo Coverages and Arclnfo Export files format type is .e00.
The preferred format for Images is .tif(Group 4).(Group 6 is not acceptable). This digital file may be
sent to maps( co.weld.co.us. (Department of Planning Services)
• 6. 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
Resolution USR-1625
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• engineered foundation plans bearing the wet stamp of a Colorado registered architect or
engineer must be submitted for review. A geotechnical engineering report performed by a
registered State of Colorado engineer shall be required. (Department of Building Inspection)
B. Buildings located or to be within a 100-year floodplain shall require a flood hazard
development permit. (Department of Building Inspection)
7. Prior to Certificate of Occupancy/finaling building permits:
A. A letter of approval shall be provided from the Mountain View Fire Protection District.
(Mountain View Fire Protection District)
8. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the
property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk
and Recorder. (Department of Planning Services)
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Resolution USR-1625
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Aurora Dairy Corporation
USR-1625
1. A Site Specific Development Plan and Special Review Permit for an Agricultural Service
Establishment primarily engaged in performing agricultural,animal husbandry,or horticultural services
on a fee or contract basis including:Veterinary clinics or hospitals, Livestock Confinement Operation
for a 3,000 head dairy and 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 the A (Agricultural) Zone District, as indicated in the application
materials on file 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. Storm water drainage will be handled by a retention pond and settling pond located at the south end
of the feeding facility.The retention pond and settling will be maintained and operated in accordance
with the Colorado Confined Animal Feeding Patrolled Regulation. (Department of Public Works)
• 4. 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)
5. The operation shall be limited to a total of sixty(60)employees as stated in the application materials.
(Department of Planning Services)
6. The existing single-family dwelling units (mobile homes) and multiple family dwelling units on the
property shall be exclusively for employees of the on-site dairy operation. (Department of Planning
Services)
7. Semi tractor-trailers picking up milk shall be limited to 14 (fourteen) to 21 (twenty-one) per week,
commodity farm trucks shall be limited to fourteen (14)per week,and semi-tractor commodity trailers
shall be limited to five (5) per week, hay trucks, semi tractors daily during hay season, silage trucks
daily during silage season, semi-tractor- livestock trailer limited to one (1) per week and rendering
trucks as needed as stated in the application materials. (Department of Planning Services)
8. All feed alleys shall be surfaced with gravel and shall be graded to prevent drainage problems.
(Department of Public Works)
9. The hours of operation in the milking parlors and related facilities will be 24 hours a day, 365 days a
year. However,equipment operations,trucks,farming activities and maintenance activities other than
emergencies shall occur primarily during daylight hours, as stated in the application. (Department of
Planning Services)
10. The facility shall operate in compliance with Colorado Water Quality Control Commission Regulation
• Number 81. (Department of Public Health & Environment)
Resolution USR-1625
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11. The facility shall maintain CAFO Colorado Discharge Permit coverage and operate in compliance with
Colorado Water Quality Control Commission Regulation Number 61. There shall be no discharge of
manure or process wastewater,except as provided in the facilities CAFO Colorado Discharge Permit.
(Department of Public Health & Environment)
12. Any manure or process wastewater applications shall be 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)
13. The facility shall be operated and maintained in a manner to prevent nuisance conditions and operate
in accordance with their approved Management Plan for Nuisance Control. (Department of Public
Health & Environment)
14. 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)
15. 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)
16. 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)
17. 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)
18. 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)
• 19. Any Individual Sewage Disposal System (I.S.D.S.)on the property shall be permitted, installed,
Resolution USR-1625
Aurora Dairy Corporation
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• maintained and operated in compliance with Weld County I.S.D.S. Regulations. (Department of
Public Health & Environment)
20. 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)
21. There shall be no permanent disposal of solid wastes, as defined in the Regulations Pertaining to
Solid Waste Disposal Sites and Facilities(6 CCR 1007-2), at this site.(Department of Public Health&
Environment)
22. 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)
23. 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)
24. If required,a stormwater discharge permit shall be obtained from the Colorado Water Quality Control
Division for construction activities. (Department of Public Health & Environment)
25. Any domestic wastewater treatment works shall comply with Colorado Water Quality Control Act,
specifically, the facility shall comply with the July 31, 2007, Compliance Advisory from the Colorado
Department of Public Health and Environment concerning the sewage disposal requirements for the
• mobile homes on the property. Any final resolution to the Advisory must take into consideration the
sewage disposal requirements for the new office. (Department of Public Health & Environment)
26. The dairy facility shall use Central Weld County Water as stated in the application materials.
(Department of Planning Services)
27. 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)
28. 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: 2003 International Building
Code, 2003 International Mechanical Code, 2003 International Plumbing Code, 2005 National
Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspection)
29. Building height shall be measured in accordance with the 2003 International Building Code for the
purpose of determining maximum and height for various uses and types of construction and to
determine compliance with the Bulk Requirements from Chapter 27 of the Weld County Code.
Building height shall be measured in accordance with Chapter 23 of the Weld County Code in order to
determine compliance with offset and setback requirements. Offset and setback requirements are
measured to the farthest projection from the building. (Department of Building Inspection)
30. A separate building permit shall be obtained prior to construction/alterations of or change of
occupancy of any building. (Department of Building Inspection)
31. Prior to the release of building permit, the applicant shall submit evidence of approval from the
• Mountain View Fire Protection District to the Weld County Building Department. (Department of
Building Inspection)
Resolution USR-1625
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32. Effective January 1, 2003, Building Permits issued on the proposed site will be required to adhere to
the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department of
Planning Services)
33. Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the
fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee.
(Ordinance 2005-8 Section 5-8-40) (Department of Planning Services)
34. The property owner 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)
35. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
36. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
37. 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.
38. 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.
39. The operation shall comply with all applicable rules and regulations of the State and Federal agencies
• and the Weld County Code.
40. Personnel from the Weld County Departments of Public Health and Environment, Planning Services
and Public Works shall be granted access onto the property at any reasonable time in order to ensure
the activities carried out on the property comply with the Development Standards stated herein and all
applicable Weld County regulations.
41. 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.
42. 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 Paul Branham.
VOTE:
For Passage Against Passage Absent
Doug Ochsner—Chair
• Tom Holton—Vice Chair
Nick Berryman
Paul Branham
Resolution USR-1625
Aurora Dairy Corporation
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•
Erich Ehrlich
Robert Grand
Bill Hall
Mark Lawley
Roy Spitzer
The Chair declares the resolution passed and orders that a certified copy be placed in the file of this case to
serve as a permanent record of these proceedings.
CERTIFICATION OF COPY
I, Donita May, 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 December 18, 2007.
Dated the 18th of December, 2007.
\QtaA.A,th Ott
Donita May
Secretary
•
•
REQUEST: A Site Specific Development Plan and a Special Review Permit for a kennel (to
•
accommodate 150 dogs and 15 cats, along with training classes and a pet supply
retail component)in the A(Agricultural)Zone District.
LOCATION: North of and adjacent to State Highway 52 and approximately 1/4 mile west of CR 1.
Chris Gathman, Department of Planning, said they had received two letters of opposition but Staff was
comfortable with it remaining on consent. The applicant agreed to the case remaining on consent.
The Chair asked if there was anyone in the audience with a concern.
Richard Armstead, 219 Hwy 52, Erie, CO, residing just west of the applicant's property,said he sent a fax to
the Planning Department yesterday and suggested today that notification to surrounding property owners
should be more than 500 feet due to the noise from the barking dogs. He also expressed his concern over his
reduced property value and opposed the application.
Vernon Bauer,389 Hwy 52, Erie,CO,voiced his opposition to the approval of the application. He said he lives
just to the north of the applicant's property and also cited the noise from the barking dogs. Mr.Bauer pointed
out that he and the applicant share a common driveway which was paved at his(Mr. Bauer's)expense. He
expressed concern over additional traffic on the shared driveway as well as Hwy 52 and added that he had
sent a letter of opposition to Mr. Gathman.
Susan Bauer,389 Hwy 52, Erie,CO,said she resides on the back ten acres and the applicant's have the front
fourteen acres,all of which used to be one property. She also spoke about the shared drive and added that
she objected to the smell and noise from the neighboring business, that she has severe allergies, was
concerned for their lower property value due to the gravel pit and the kennel in the area and she does not
support the application.
• The Chair closed the public portion of the hearing.
The Chair asked the Commissioners if they wished to hear the case. Tom Holton asked about the shared
driveway and if there was an easement or access problem. Mr. Gathman explained that the access
agreement originated in 1988 when the lot line adjustment was made. At the time when the back ten acres
were removed from direct access onto State Hwy 52,there was a thirty foot access easement designated to
access the back lot. It was undefined and does not specify who/what can or cannot use the easement. It just
designates a thirty foot access easement at this point.
The Chair and another Commissioner were in favor of hearing the case so it was removed from the consent
agenda and added to the hearing agenda.
CASE NUMBER: USR-1625
APPLICANT: Aurora Dairy Corporation
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Part of the N2 of Section 29, T3N, R67W of the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Use by Special Review for agricultural service
establishments primarily engaged in performing agricultural, animal husbandry or
horticultural services on a fee or contract basis, including; veterinary clinics or
hospitals, livestock confinement operation for a 3,000 head dairy and multiple single-
family dwelling units per lot other than those permitted under Section 23-3-20A and
multi-family dwellings for persons principally employed at or engaged in farming,
ranching or gardening in the agricultural zone district.
LOCATION: South of and adjacent to State Highway 66 and west of CR 17.
Chris Gathman,Department of Planning,said Staff and the applicant were requesting it remain on the consent
• agenda. He clarified the request and said the veterinary clinics/hospitals were referring specifically to the
hospital/barn facilities associated with the dairy. Also currently there were eighteen modular homes and a t
couple of stick built houses on the site but he believed all were single family dwellings. Mr.Gathman said he m ff
would revise the description prior to the BOCC hearing to clarify the uses,though the uses would not intensify X }t
the use above and beyond what was in the present description. In fact, it may decrease it so they did not feel
•
it was a substantial change to what was shown today and that was the reason for recommending it remain on
the consent agenda.
Doug Ochsner asked Mr. Gathman why this specific USR was necessary when they were already operating
and they were requesting less usage today. Mr.Gathman explained that Staff determined it was a substantial
change based on additional structures put on the site so the decision was that a special use permit was
required at this time. Mr. Gathman said prior to today there was no special use permit for the property.
The Chair asked if there was anyone in the audience with a concern. No opposition was voiced by any
member of the audience. None of the Planning Commissioners voiced a concern. The Chair said Case USR-
1625 would remain on the consent agenda.
CASE NUMBER: USR-1634
APPLICANT: Reynaldo& Mayra Bonilla c/o Larry Carroll with the Carroll Group
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION:Part of the NW4 of Section 10,T2N, R65W of the 6th P.M.,Weld County,Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for a Use by Right, an
accessory use, or a Use by Special Review in the Industrial Zone District (truck
parking, maintenance and office) in the A(Agricultural)Zone District.
LOCATION: Approximately one mile north of CR 22 and approximately one and a half miles east
of CR 41.
Jacqueline Hatch, Department of Planning, said Staff and the applicant requested this case remain on the
consent agenda. The Chair asked if there was anyone in the audience with a concern. No opposition was
voiced by any member of the audience. None of the Planning Commissioners voiced a concern. The Chair
• said Case USR-1634 would remain on the consent agenda.
Tom Holton moved the amended Consent Agenda be forwarded to the Board of County Commissioners along
with the Conditions of Approval and Development Standards with the Planning Commission's recommendation
of approval. Paul Branham seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman,yes;Paul Branham,yes; Erich Ehrlich,yes;Robert Grand,yes;Bill Hall,yes;Mark Lawley,yes;Roy
Spitzer, yes; Tom Holton, yes; Doug Ochsner, yes. Motion carried unanimously.
Specific time for public input has been set aside for discussion on the following items:
HEARING ITEMS
CASE NUMBER: USR-1636
APPLICANT: Roger& Diane Andreason
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Part SW4 of Section 31, T2N, R68W of the 6th P.M., Weld County, Colorado.
REQUEST: A Site Specific Development Plan and a Special Review Permit for a kennel (to
accommodate 150 dogs and 15 cats, along with training classes and a pet supply
retail component) in the A(Agricultural)Zone District.
LOCATION: North of and adjacent to State Highway 52 and approximately 1/4 mile west of CR 1.
Chris Gathman, Department of Planning, said Roger & Diane Andreason, being represented by Dennis
Drumm(Associated Land Consultants)have applied for a Site Specific Development Plan and Special Review
Permit for a kennel(to accommodate 150 dogs and 15 cats,along with training classes and a pet supply retail
• component)in the A(Agricultural)Zone district.
The site location was north of and adjacent to State Highway 52 and approximately IA mile east of County
Road 1.
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