HomeMy WebLinkAbout20070661.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Margaret DeHaan Case Number USR-1583
Submitted or Prepared
Prior to At
Hearing Hearing
N. 1 Staff Comments X
Department of Planning Services Field Check Form X
Planning Commissioner Field Check Form
Letter to Applicant X
Affadavit of sign posting X
Legal Notifications X
• 2 Application X
Maps X
Deed/ Easement Certificate X
Surrounding Property/ Mineral Owners X
Utilities
N 3 Referral List
X
Referrals without comment X
Weld County Zoning Compliance, referral received September 27, 2006
4 Referrals with comments X
Town of Eaton, referral received October 3, 2006 (Lc.
Colorado Department of Transportation, referral received October 26, 2006
Town of Ault, referral received October 12, 2006
West Greeley Soil Conservation District, referral received October 19,
2006
Weld County Department of Planning Services Landscape Referral,
received October 25 2006
N Weld County Department of Building Inspection, referral received October
24 2006
Weld County Department of Public Health and Environment, referral
received October 26 2006
Weld County Department of Public Works, referral received October 11,
2006 ' i1/ ilcki
• 5 Surrounding Property Owners - Letters ('J;, ba/' cvluE ,/ a) X
• 6 PC Exhibits X
• a. Additional Property Owner Letters X
• b. Sample Lining for Ponds X
• c. Email and Attachment to Commissioner Vaad X
I hereby certify that the items identified herein were submitted to the Department if Plannin Services t or prior to the scheduled
Planni g Commissioners hearing.
Hannah Hippely+ Planner
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COLORADO LAND USE APPLICATION
SUMMARY SHEET
Case Number: USR-1583 Hearing Date: December 5, 2006
Applicant: Margaret DeHaan Address: PO Box 40, Mead, CO 80542
Request: A Site Specific Development Plan and a Special Review Permit for an Agriculture
Service Establishment primarily engaged in performing agriculture, animal
husbandry, or horticultural services on a fee or contract basis, including Livestock
Confinement Operations (a dairy operation with a total of 8,000 head) in the A
(Agricultural) Zone District.
Legal Description: Lot D of RE-4098 and Lot B of RE-965 and Lot B of RE-1729 all being part of
Section 17, Township 7 North, Range 65 West of the 6th P.M., all of Weld County,
Colorado
Location: South of and adjacent to State Highway 14 and West of and adjacent to County
Road 41, North of and adjacent to County Road 80 and East of and adjacent to
County Road 39
Size of Parcel: 365.33 +/-Total acres; 156+/-Acres included in proposed USR
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code.
The Department of Planning Services' staff has received responses from the following agencies:
• Weld County Zoning Compliance, referral received September 27, 2006
• Weld County Department of Public Health and Environment, referral received October 26, 2006
• Weld County Department of Public Works, referral received October 11, 2006
• Weld County Department of Building Inspection, referral received October 24, 2006
• Weld County Department of Planning Services Landscape Referral, received October 25, 2006
• West Greeley Soil Conservation District, referral received October 19, 2006
• Town of Ault, referral received October 12, 2006
• Town of Eaton, referral received October 3, 2006
• Colorado Department of Transportation, referral received October 26, 2006
The following agencies have not responded:
• Ault Fire Protection District
• Weld County Sheriffs Office
• Colorado Division of Wildlife
• CSU Cooperative Extension Office
• North Weld County Water District
EXHIBIT
USR-1583 DeHann Page 1 of 12
/ft'\ SPECIAL REVIEW PERMIT
\t ADMINISTRATIVE REVIEW
WI`Pc.
COLORADO
Planner: Hannah Hippely
Case Number: USR-1583 Hearing Date: December 5, 2006
Applicant: Margaret DeHaan Address: PO Box 40, Mead, CO 80542
Request: A Site Specific Development Plan and a Special Review Permit for an Agriculture
Service Establishment primarily engaged in performing agriculture, animal
husbandry, or horticultural services on a fee or contract basis, including Livestock
Confinement Operations (a dairy operation with a total of 8,000 head) in the A
(Agricultural)Zone District.
Legal Description: Lot D of RE-4098 AND Lot B of RE-965 and Lot B of RE-1729 all being part of
Section 17 Township 7 North, Range 65 West of the 6th P.M., Weld County,
Colorado
Location: South of and adjacent to State Highway 14 and West of and adjacent to County
Road 41, North of and adjacent to County Road 80 and East of and adjacent to
County Road 39
Parcel Size: 365.33+/- Total Acres; 156+/-Acres included in proposed USR
Parcel Number: 0709 17 300057 and 0709 17 000051
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. Goal 1 states "conserve agricultural land for agricultural purposes which
foster the economic health and continuance of agriculture. Section 22-2-60 A.Policy 1.1
states `Agricultural zoning will be established and maintained and promote the County's
agricultural industry. Agricultural zoning is intended to provide areas for agricultural
activities and other uses interdependent upon agriculture." 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."
USR-1583 DeHaan Page 2 of 12
The proposed use is consistent with these policies as it will take advantage of the existing
Agricultural zoning while maintaining an agricultural use on the site and contributing to the
economic health, continuance, and promotion of agriculture in the County.
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 8.16 of the Weld County Code provides for an Agriculture Service
Establishment primarily engaged in performing agriculture, animal husbandry, or
horticultural services on a fee or contract basis, including Livestock Confinement
Operations (Dairies) as a Use by Special Review in the A (Agricultural) Zone District.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses.
The surrounding properties are all zoned agricultural. A Confined Feeding Operation
(AmUSR-199 for 3000 head of cattle) lies directly north of the proposed dairy. Two feed lots
are located within a mile to the west (SUP-148 and SUP-219). USR-1349 for a dairy
permitted for 2675 head lies within a mile to the east. Multiple residences are located
within a quarter mile of the property; two are located directly west across CR 39. The
applicant is required to submit a Landscape and Screening Plan prior to the Board of
County Commissioners hearing 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.
Staff believes that the Conditions of Approval and Development Standards will ensure that
the use will be compatible with existing surrounding land uses.
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 property is within the 3 mile referral area for the Town of Ault and the Town of Eaton
yet does not lie within the area covered by existing Inter-governmental Agreements Weld
County has with the towns. The Town of Ault has indicated that the proposal does not
comply with their Comprehensive Plan. The Town of Ault expressed concern regarding the
fact that the parcel borders their future planned urban growth and in regards to the effect of
odor on the community. Although dust, odor and flies are frequently a concern of adjacent
property owners in regards to dairy operations, the applicant is required to submit specific
plans to the Weld County Health Department which address the above issues. Those
plans are reviewed and approved by the Weld County Health Department and the applicant
is responsible to operate the dairy in compliance with the approved plans. If complaints are
received the Weld County Health Department will investigate and if there is a problem
noted the applicant risks the revocation of the Special Use Permit by the Board of County
Commissioners, after appropriate public hearings. The Town of Eaton has indicated they
have no conflicts with this proposal.
USR-1583 DeHann Page 3 of 12
E. Section 23-2-L20.A.5 -- The application complies with Section 23-5 of the Weld County
Code.
While the northern edge of the property is burdened by floodplain, the proposed use will not
be located within the floodplain.
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
Irrigated Land (not Prime) according to the U.S.D.A. Soil Conservation Map, dated 1979.
The use of the land will remain agricultural; it is simply shifting from crop production to a
dairy operation.
G. Section 23-2-220.A.7 — There is adequate provisions for the protection of health, safety,
and welfare of the inhabitants of the neighborhood and County.
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' staff recommendation for approval is conditional upon the following:
1. Prior to scheduling a Board of County Commissioners hearing:
A. The applicant has not delineated any on-site sign(s). If on-site sign(s) are desired the
Department of Planning Services shall be notified in writing. If the applicant does not notify
the Department of Planning Services signs shall adhere to Article IV Division 2 of the Weld
County Code as it related to signs in the A (Agricultural) Zone District. Further, the location
of the sign, if applicable shall be delineated on the USR plat. (Department of Planning
Services)
B. 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 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)
C. The applicant shall submit a Landscape Plan to the Department of Planning Services for •
review and approval. The applicant shall place "plant material" to mitigate the impacts of
the facility from adjacent properties. The plant material screen shall be placed between the
road right-of-way and the proposed improvements. The buffer strip shall be a minimum of
ten (10) feet in width and run the length of the property line. 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.
USR-1583 DeHaan Page 4 of 12
(Department of Planning Services)
D. 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. (Department of Planning Services)
E. The applicant shall provide both the Weld County Department of Public Works and the
Department of Planning Services with a detailed access, site circulation, loading, and
parking plan for review and approval. This plan shall address the concerns of the
Department of Public Works memoranda dated October 10, 2006 and November 21, 2006.
Written evidence of the Department of Public Works approval shall be submitted to the
Department of Planning Services. (Department of Public Works/Department of Planning
Services)
F. The applicant shall provide the Weld County Department of Public Works Drainage Division
a copy of the site grading plan for review and approval. Written evidence of approval shall
be submitted to the Department of Planning Services. (Department of Public Works)
2. Prior to recording the plat:
A. All sheets of the plat shall be labeled USR-1583. (Department of Planning Services)
B. The applicant shall submit a Private Improvements Agreement according to policy
_ regarding collateral for improvements and post adequate collateral for all landscaping,
transportation (access drive, parking areas, etcetera) and non-transportation (plant
materials, fencing, screening, water, signage etcetera). 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)
C. The plat shall be amended to delineate the following:
1. The attached Development Standards. (Department of Planning Services)
2. The USR boundary shall be a solid heavy line. (Department of Planning Services)
3. The approved access point to the proposed facility. (Department of Planning Services)
4. The flood plain shall be delineated on the plat as it is shown on the FEMA FIRM
Community Panel Map #0802660480 C. (Department of Planning Services)
5. County Road 39 is designated on the Weld County Road Classification Plan as a local
paved road, which requires 60 feet of right-of-way at full build out. There is presently 60
feet of right-of-way. The applicant shall verify the existing right-of-way and the
documents creating the right-of-way. (Department of Public Works)
6. Spaces reserved for the parking of vehicles and all loading zones shall be delineated
on the plat. This facility shall adhere to the number of on-site parking spaces indicated
USR-1583 DeHann Page 5 of 12
in Appenoix 23-B of the Weld County Code. The total i lumber of on-site parking for the
this facility shall be facility shall be seventy-five (75) spaces, of which three (3) shall be
a van accessible handicapped parking stall meeting all of the requirements as set forth
in the Americans with Disabilities Act. In accordance with Section 23-3-350.B, Section
23-3-350.C, Section 23-3-350.D and Section 23-4-30.C all parking, loading areas and
street access drives shall be paved with asphaltic concrete pavement or equal.
Further, all parking areas shall be surfaced in accordance with Appendix 23-A, 23-B,
Section 23-3-350.8 Each parking space shall be equipped with wheel guards or curb
stops when necessary to prevent vehicles from extending beyond the boundaries of the
space and from coming into contact with other vehicles, walls, fences, or plantings. The
location of all curb stops in the parking areas per Section 23-4-30.D of the Weld County
Code shall be delineated on the plat. (Department of Public Works)
7. 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)
8. The approved Lighting Plan. (Department of Planning Services)
9. The approved Landscaping Plan. (Department of Planning Services)
10. Any approved signs, if applicable. (Department of Planning Services)
11. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld County
Code. (Department of Planning Services)
C. Provide documentation, prepared by a Colorado Registered Professional Engineer, that all
wastewater impoundments for the confined animal feeding operation (CAFO) will meet
seepage rate standards of Colorado Water Quality Control Commission Regulation 81
[81.5(2)]. Evidence of approval by the Department of Public Health and Environment shall
be provided to the Department of Planning Services. (Department of Public Health and
Environment)
D. 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)]. Evidence of approval by the Department of
Public Health and Environment shall be provided to the Department of Planning Services.
(Department of Public Health and Environment)
E. Demonstrate that impoundments meet required setbacks to water wells and groundwater
required by Colorado Water Quality Control Commission Regulation Number 81.[81.5 (6)].
Evidence of approval by the Department of Public Health and Environment shall be
provided to the Department of Planning Services. (Department of Public Health and
Environment)
USR-1583 DeHaan Page 6 of 12
F. Provide evidence that a CAFO Colorado Discharge Permit has been applied for or obtained
from the Colorado Water Quality Control Division. Evidence of approval by the Department
of Public Health and Environment shall be provided to the Department of Planning
Services. (Department of Public Health and Environment)
G. 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. Prior to Construction:
A. A stormwater discharge permit may be required for a development/redevelopment
/construction site where a contiguous or non-contiguous land disturbance is greater than or
equal to one acre in area. Contact the Water Quality Control Division of the Colorado
Department of Public Health and the Environment at
www.cdphe.state.co.us/wq/PermitsUnit for more information. (Department of Public Health
and Environment)
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 thirty (30) 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. In accordance with Weld County Code Ordinance 2006-7 approved June 1, 2006, should the plat
not be recorded within the required thirty (30) days from the date the Board of County
Commissioners resolution a $50.00 recording continuance charge shall added for each additional 3
month period.
6. The Department of Planning Services respectively requests the surveyor provide a digital copy of
this Recorded Exemption/Subdivision Exemption/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(ax7co.weld.co.us.
(Department of Planning Services)
7. 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)
USR-1583 DeHann Page 7 of 12
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Margaret DeHaan
USR-1583
1. The Site Specific Development Plan and Special Use Permit is for an Agriculture Service
Establishment primarily engaged in performing agriculture, animal husbandry, or horticultural
services on a fee or contract basis, including Livestock Confinement Operations (a dairy operation
with a total of 8,000 head) in 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. The number of employees shall be limited to forty (40) as stated in the application materials.
(Department of Planning Services)
4. The hours of operation are 24 hours per day, 365 days per year. Equipment operations, trucks,
farming activities and maintenance activities, other than emergencies, will occur primarily during
daylight hours as stated in the application materials. (Department of Planning Services)
5. The facility shall operate in compliance with Colorado Water Quality Control Commission
Regulation Number 81. (Department of Public Health and Environment)
6. 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 and Environment)
7. 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 and Environment)
8. The facility shall be operated and maintained in a manner to prevent nuisance conditions.
(Department of Public Health and Environment)
9. 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 and Environment)
10. The facility shall be operated in a manner to control pests. The facility shall be operated in
accordance, at all times, with their current approved Management Plan for Nuisance Control.
Additional control measures shall be implemented at the request of the Weld County Department of
Public Health and Environment in the event that rodents (which can be determined to be associated
with the facility) are in such a number to be considered a nuisance condition. (Department of Public
Health and Environment)
USR-1583 DeHaan Page 8 of 12
11. The facility shall be operated in a manner to control flies. The facility shall be operated in
accordance, at all times, with their current approved Management Plan for Nuisance Control.
Additional fly control measures shall be implemented at the request of the Weld County Department
of Public Health and Environment in the event that flies (which can be determined to be associated
with the facility) are in such a number to be considered a nuisance condition. Additional controls
shall also be implemented in the event the Weld County Department of Public Health and
Environment receives a significant number of fly (associated with facility) complaints, and in the
judgment of the Weld County Health Officer, there exists a fly condition requiring abatement.
(Department of Public Health and Environment)
12. 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 and Environment)
13. The applicant shall remove, handle, and stockpile manure from the livestock area in a manner that
will prevent nuisance conditions. The manure piles shall not be allowed to exist or deteriorate to a
condition that facilitates excessive odors, flies, insect pests, or pollutant runoff. The surface
beneath the manure storage areas shall be of materials which are protective of State waters.
These areas shall be constructed to minimize seepage or percolation of manure contaminated
water. In no event shall the facility impact or degrade waters of the State in violation of Colorado
Water Quality Control Commission Regulation Number 81. (Department of Public Health and
Environment)
14. An individual sewage disposal system (I.S.D.S.) is required for the proposed facility and must be
designed by a Colorado Registered Professional Engineer and in accordance with Weld County
Individual Sewage Disposal Regulations. Any I.S.D.S. on the property shall be permitted, installed,
maintained and operated in compliance with Weld County I.S.D.S. Regulations. (Department of
Public Health and Environment)
15. The facility shall operate in compliance with applicable Colorado Air Quality Control Commission
Regulations. There shall be no open burning except "agricultural open burning" as defined by
Colorado Air Quality Control Commission's Regulation 9. (Department of Public Health and
Environment)
16. There shall be no permanent disposal of solid wastes, as defined in the Regulations Pertaining to
Solid Waste Disposal Sites and Facilities (6 CCR 1007-2), at this site. (Department of Public Health
and Environment)
17. 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 and
Environment)
18. 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 and Environment)
USR-1583 DeHann Page 9 of 12
19. If applicable, the applicant shall obtain a Storm Water Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division. (Department of
Public Health and Environment)
20. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee
structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department of Planning
Services)
21. 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)
22. The property owner shall allow any mineral owner the right of ingress or egress for the purposes of
exploration development, completion, recompletion, re-entry, production and maintenance
operations associated with existing or future operations located on these lands. (Department of
Planning Services)
23. The applicant shall adhere to the approved Lighting Plan. (Department of Planning Services)
24. The applicant shall adhere to the approved Landscaping Plan. (Department of Planning Services)
25. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
26. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
27. The property owner or operator shall be responsible for complying with the Supplementary
Regulations regarding Livestock Confinement Operations (Section 23-4-350, Weld County Code).
28. The property owner or operator shall be responsible for complying with the Miscellaneous
Regulations regarding Livestock Feeding Performance standards (Section 23-4-710, Weld County
Code).
29. Building permits shall be obtained prior to the construction of any building. Buildings that meet the
definition of an Ag Exempt Building per the requirements of Section 29-1-20 and Section 29-3-
20.B.13 of the Weld County Code do not need building permits, however, a Certificate of
Compliance must be filed with the Planning Department and an electrical and/or plumbing permit is
required for any electrical service to the building or water for watering or washing of livestock or
poultry. (Department of Building Inspection)
30. A plan review is required for each building for which a building permit is required. Plans shall
include a floor plan. Plans shall bear the wet stamp of a Colorado registered architect or engineer.
Two complete sets of plans are required when applying for each permit. Include a Code Analysis
Data sheet provided by the Weld County Building Department with each Building permits
application. (Department of Building Inspection)
31. 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; 2003 International
Fuel Gas Code; and the 2005 National Electrical Code and Chapter 29 of the Weld County Code.
(Department of Building Inspection)
USR-1583 DeHaan Page 10 of 12
32. All buildings used by the public, including the bathrooms shall be accessible to persons with
disabilities. Plans should include detailed drawings showing the exiting and how accessibility will be
maintained through out the facility. Fire resistance of walls and openings, construction
requirements, maximum building height and allowable areas will be reviewed at the plan review.
Setback and offset distances shall be determined by the Zoning Ordinance. (Department of Building
Inspection)
33. Building height shall be measured in accordance with the 2003 International Building Code for the
purpose of determining the maximum building size and height for various uses and types of
construction and to determine compliance with the Bulk Requirements from Chapter 23 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. When
measuring buildings to determine offset and setback requirements, buildings are measured to the
farthest projection from the building. Property lines shall be clearly identified and all property pins
shall be staked prior to the first site inspection. (Department of Building Inspection)
34. All building plans shall be submitted to Ault Fire Protection District for review and approval prior to
issue of Building Permits. (Department of Building Inspection)
35. The operation shall comply with all applicable rules and regulations of the State and Federal
agencies and the Weld County Code.
36. Personnel from the Weld County Government 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.
37. 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.
38. 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.
39. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural
counties in the United States, ranking fifth in total market value of agricultural products sold. The
rural areas of Weld County may be open and spacious, but they are intensively used for agriculture.
Persons moving into a rural area must recognize and accept there are drawbacks, including
conflicts with longstanding agricultural practices and a lower level of services than in town. Along
with the drawbacks come the incentives which attract urban dwellers to relocate to rural area: open
views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way
of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County
would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well run agricultural
activities will generate off-site impacts, including noise from tractors and equipment; slow-moving
farm vehicles on rural roads; dust from animal pens, field work, harvest, and gravel roads; odor
from animal confinement, silage, and manure; smoke from ditch burning; flies and mosquitoes; and
the use of pesticides and fertilizers in the fields, including the use of aerial spraying. Ditches and
USR-1583 DeHann Page 11 of 12
reservoirs cannot simply be moved out of the way of residential Development without threatening
the efficient delivery of irrigation to fields which is essential to farm production.
Section 35-3.5-102, C. R. S., provides that an agricultural operation shall not be found to be a
public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or
practices that are commonly or reasonably associated with agricultural production.
Weld County covers a land area of over 4,000 square miles in size (twice the State of Delaware)
with more than 3,700 miles of state and County roads outside of municipalities. The sheer
magnitude of the area to be served stretches available resources. Law enforcement is based on
responses to complaints more than on patrols of the county and the distances which must be
traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire
protection is usually provided by volunteers who must leave their jobs and families to respond to
emergencies. County gravel roads, no matter how often they are bladed, will not provide the same
kind of surface expected from a paved road. Snow removal priorities mean that roads from
subdivisions to arterials may not be cleared for several days after a major snowstorm. Snow
removal for roads within subdivisions are of the lowest priority for public works or may be the
private responsibility of the homeowners. Services in rural areas, in many cases, will not be
equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than
urban dwellers.
Children are exposed to different hazards in the county than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and
center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs, and
livestock present real threats to children. Controlling children's activities is important, not only for
their safety, but also for the protection of the farmer's livelihood. Parents are responsible for their
children.
USR-1583 DeHaan Page 12 of 12
DEPARTMENT OF PLANNING SERVICES
a NORTH OFFICE
918 10TH Street
GREELEY, CO 80631631 PHONE: (970)353-6100, Ext. 3540
FAX: (970) 304-6498
111k.
COLORADO
September 26, 2006
Margaret DeHann
Go Dusty McCormick
Ag &Land Professionals
4350 Hwy 66
Longmont CO 80504
Subject: USR-1583- Request for A Site Specific Development Plan and a Special Review Permit for a Agriculture
Service Establishment primarily engaged in performing agriculture, animal husbandry or horticultural
services on a fee or contract basis, including Livestock Confinement Operations (a dairy operation with a
total of 8,000 head)in the A(Agricultural)Zone District on a parcel of land described as Lot D of RE-4098
W2; Lot B of RE-965 W2NE4 &NW4; Lot B of RE-1729 E2NE4 of Section 17,T7N,R65W of the 6th P.M.,
Weld County, Colorado.
Dear Applicant:
Your application and related materials for the request described above are being processed. I have scheduled a meeting
with the Weld County Planning Commission for December 5, 2006, at 1:30 p.m. This meeting will take place in the
Hearing Room, Weld County Planning Department, 918 10th Street, Greeley, Colorado. It is recommended that you
and/or a representative be in attendance to answer any questions the Planning Commission members may have.
It is the applicant's responsibility to comply with state statutes regarding notice to mineral estate owners. Colorado
Revised Statute,C.R.S.24-65.5-103(adopted as part of H.B.01-1088)requires notification of all mineral estate owners
30 days prior to any public hearing. The applicant shall provide the Weld County Planning Department with written
certification indicating the above requirements have been met.
It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property
or if the property is located within the comprehensive planning area of a town or municipality. Therefore,our office has
forwarded a copy of the submitted materials to the Ault and Eaton Planning Commission for their review and comments.
Please call Ault at 970-834-2844 and Eaton at 970-454-3338 for further details regarding the date, time, and place of
this meeting. It is recommended that you and/or a representative be in attendance at the Ault and Eaton Planning
Commission meeting to answer any questions the Commission members may have with respect to your application.
A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the
hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing
time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign
will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway
(access drive)intersects a publicly maintained road right-of-way.
The Department of Planning Services'staff will make a recommendation concerning this application to the Weld County
Planning Commission. This recommendation will be available twenty-four(24) hours before the scheduled hearing. It
is the responsibility of the applicant to call the Department of Planning Services'office before the Planning Commission
hearing to make arrangements to obtain the recommendation.
If you have any questions concerning this matter, please call.
Ri[xespectfully
Hannah Hippely
Planner
PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE
THE LAST DAY TO POST THE SIGN was 11/24/06. 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, Hannah Hippely, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN
WAS POSTED ON THE PROPERTY AT LEAST TEN/ FIFTEEN DAYS BEFORE THE BOARD
OF COMMISSIONERS HEARING FOR USR 1580.
Hannah Hippely
Name of Person Posting Sign
Signature of Person Posting Sign
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
i /1 �" ��
The foregoing instrument was subscribed and sworn to me this6)day of (j UC/''7006.
WITNESS my hand and official seal.
Nota Public (/ BILLIE J. MOORS
I NOTARY PUBLIC ,
STATE OF COLORADO s
My Commission Expires: )(9/a91' 1 ___
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FIELD CHECK Inspection Date: I ( 9 te..0
APPLICANT: Margaret DeHaan CASE #: USR-1583
REQUEST: A Site Specific Development Plan and a Special Review Permit for an Agriculture Service
Establishment primarily engaged in performing agriculture, animal husbandry, or
horticultural services on a fee or contract basis, including Livestock Confinement
Operations (a dairy operation with a total of 8,000 head) in the A (Agricultural) Zone
District
LEGAL: Lot D of RE-4098 Pt. of W2 Section 17, Township 7 North, Range 65 West of the 6th
P.M., AND Lot B of RE-965 Pt. of W2 NE4 & NW4 Section 17, Township 7 North, Range
65 West of the 6th P.M., AND Lot B of RE-1729 Pt. of E2 NE4 Section 17, Township 7
North, Range 65 West of the 6th P.M., all of Weld County, Colorado
LOCATION: South of and adjacent to State Highway 14 and West of and adjacent to County Road 41
and North of and adjacent to County Road 80 and East of and adjacent to County Road
39
PARCEL ID#: 0709 17 300057 and 0709 17 000051 ACRES: 365.33 +/-
Zoning Land Use
N AG N
E AG E
S AG S
W AG W
Comments:
• No sink/1m5
• M,urr1f•'L fivers -One. YI.L.A-✓t9 ce"31 cities Knf- cw 4o -v.`
. Dv- txfs-hnq cteas on a n , try ice, Cie av c.,,,t de ill
annah ippely, Plan er
ouse s
( ) ,z6 Derelict Vehicles
9utbuilding(s) /Non-commercial junkyard (list components)
ccess to Property N.'Irrigation Sprinkler
Crop Productions �rops
,Site Distance Wetlands
/Mobile Home(s) /Oil & Gas Structures
Other Animals On-Site Wildlife
Water Bodies /Utilities On-Site (transmission lines)
13 Ditch , ( Topography
Note any commercial business/commercial vehicles that are operating from the site.
Hello