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Home My WebLink About20073930.tiff DEPARTMENT OF PLANNING SERVICES SOUTHWEST OFFICE 4209 CR 24.5 LONGMONT, CO 80504 jhatch@co.weld.co.us PHONE: (720) 652-4210, Ext. 8730 ik FAX: (720)652-4211 ill COLORADO March 23, 2007 Bill &Angela Delap 19651 E 195th Av Hudson CO 80642 RE: The English Feedlot#2 located at 19200 CR 10 Hudson CO, SUP-105; being part of the SW4 of Section 8, Township 1 North, Range 65 West of the 6th P.M.,Weld County, CO. Dear Mr. & Mrs. Delap: Upon review of the English Feedlot #2 located at 19200 CR 10 Hudson it has been determined that the site is considered to be a Use by Special Review and is permitted for 12,000 head on site. Section 23-2- 200.E of the Weld County Code states "If the Use by Special Review has not commenced within three (3) years from the date of approval or is discontinued for a period of three (3) consecutive years, it shall be presumed inactive. The County shall initiate an administrative hearing to consider whether to grant an extension of time to commence the use or revoke the Use by Special Review. If the Use by Special Review is revoked, it shall be necessary to follow the procedures and requirements of this Section in order to reestablish any Use by Special Review." I have provided you with a timeline as to how staff has made this determination. SUP-68 was created through a letter dated September 1, 1966 from the County Attorney stating, "it is the opinion of the Board of County Commissioners that there is sufficient evidence to sustain the position that your intent was established to build a feedlot prior to the freeze order of the County Commissioners on zoning." The letter was supported by an additional letter dated August 22, 1966 from the manager of Anachutz Farm (English Feedlot)stating that it was designed for 10,000 head. SUP-105 was a request to expand the existing feedlot at the Planning Commission Hearing on May 26, 1971 (this case never went to the Board of County Commissioners). In the application the applicant states they have up to 12,000 head on site. The meeting minutes also reflect the 12,000 head on site. This case was disqualified due to the property being zoned A-1 which prohibited commercial feedlots. USR-1154 was a request to expand the existing feedlot from 12,000 head to 20,000 head on August 27, 1997. This request was denied by the Board of County Commissioners. This denial was appealed by the applicant in District Court (Case Number 97-CV-579). The Courts supported the Board of County Commissioners recommendation for denial and also noted during the hearing that "the record indicates that it is unclear how the maximum number of animals, viewed as legal use, increased from 10,000 to 12,000. It is agreed that there has been a feedlot operated with varying numbers of cattle, in some cases down to zero, under a permit for twenty-five years." 2Co`13g30 i _fit As outlined in the original letter from the surrounding property owners received February 5, 2007 it states, "Since mid-summer, the number of cattle has been reduced to somewhere around 50 head and as of January 30, 2006 the feedlot was empty." The Department of Planning Services spoke to one of the surrounding property owners, Mrs. Kathy Wilch, on March 23, 2007 and clarified that the date should be January 30, 2007. The English Feedlot #2 located at 19200 CR 10 Hudson has been determined to be a Use by Special Review. The Weld County code states that if the site is not in operation for a period of three consecutive years the County shall initiate an administrative hearing to consider whether to grant an extension of time or revoke the Use by Special Review as outlined above. It is the Department of Planning Services understanding that the site has been down to 50 head since mid-summer of 2006 and has been vacant since January 30, 2007. If the site remains vacant or the number of head is considered to be under the number of head allowed by right (4 per acre) by the mid summer of 2009 please contact the Department of Planning Services. If you have further question, please contact me at the above address or call (720) 652-4210 x 8730. Sincere) Jac u H tch Plann III DEPARTMENT OF PLANNING SERVICES SOUTHWEST OFFICE (iiii oi4.- 4209 CR 24.5 LONGMONT, CO 80504 jhatch@co.weld.co.us PHONE: (720) 652-4210, Ext. 8730 FAX: (720)652-4211 iglige. COLORADO March 23, 2007 Barbara Perkinson 19730 195th Av Hudson CO 80642 RE: The English Feedlot#2 located at 19200 CR 10 Hudson CO, SUP-105; being part of the SW4 of Section 8,Township 1 North, Range 65 West of the 6th P.M.,Weld County, CO. Dear Mrs. Perkinson: Upon review of the English Feedlot #2 located at 19200 CR 10 Hudson it has been determined that the site is considered to be a Use by Special Review and is permitted for 12,000 head on site. Section 23-2- 200.E of the Weld County Code states"If the Use by Special Review has not commenced within three (3) years from the date of approval or is discontinued for a period of three (3) consecutive years, it shall be presumed inactive. The County shall initiate an administrative hearing to consider whether to grant an extension of time to commence the use or revoke the Use by Special Review. If the Use by Special Review is revoked, it shall be necessary to follow the procedures and requirements of this Section in order to reestablish any Use by Special Review." I have provided you with a timeline as to how staff has made this determination. SUP-68 was created through a letter dated September 1, 1966 from the County Attorney stating, "it is the opinion of the Board of County Commissioners that there is sufficient evidence to sustain the position that your intent was established to build a feedlot prior to the freeze order of the County Commissioners on zoning." The letter was supported by an additional letter dated August 22, 1966 from the manager of Anachutz Farm (English Feedlot)stating that it was designed for 10,000 head. SUP-105 was a request to expand the existing feedlot at the Planning Commission Hearing on May 26, 1971 (this case never went to the Board of County Commissioners). In the application the applicant states they have up to 12,000 head on site. The meeting minutes also reflect the 12,000 head on site. This case was disqualified due to the property being zoned A-1 which prohibited commercial feedlots. USR-1154 was a request to expand the existing feedlot from 12,000 head to 20,000 head on August 27, 1997. This request was denied by the Board of County Commissioners. This denial was appealed by the applicant in District Court (Case Number 97-CV-579). The Courts supported the Board of County Commissioners recommendation for denial and also noted during the hearing that "the record indicates that it is unclear how the maximum number of animals, viewed as legal use, increased from 10,000 to 12,000. It is agreed that there has been a feedlot operated with varying numbers of cattle, in some cases down to zero, under a permit for twenty-five years." As outlined in the original letter from the surrounding property owners received February 5, 2007 it states, "Since mid-summer, the number of cattle has been reduced to somewhere around 50 head and as of January 30, 2006 the feedlot was empty." The Department of Planning Services spoke to one of the surrounding property owners, Mrs. Kathy Wilch, on March 23, 2007 and clarified that the date should be January 30, 2007. The English Feedlot #2 located at 19200 CR 10 Hudson has been determined to be a Use by Special Review. The Weld County code states that if the site is not in operation for a period of three consecutive years the County shall initiate an administrative hearing to consider whether to grant an extension of time or revoke the Use by Special Review as outlined above. It is the Department of Planning Services understanding that the site has been down to 50 head since mid-summer of 2006 and has been vacant since January 30, 2007. If the site remains vacant or the number of head is considered to be under the number of head allowed by right (4 per acre) by the mid summer of 2009 please contact the Department of Planning Services. If you have further question, please contact me at the above address or call (720)652-4210 x 8730. Sincere Jac 'ne I.4atc Plann III Page 1 of 2 Jacqueline Hatch From: Bruce Barker Sent: Monday, March 19, 2007 8:52 AM To: Jacqueline Hatch Subject: RE: NCU or USR? If the SUP-68 was an NCU, why would it have been necessary to do the SUP-105 and the USR-1154? Back in 1997, we must have recognized it to be a USR, with SUP-105 being the USR that needed to be amended. So, I say Door#2 and a USR. Bruce. From: Jacqueline Hatch Sent: Monday, March 19, 2007 8:43 AM To: Bruce Barker Subject: NCU or USR? Bruce, I've got a question for you. The neighbors of the English feedlot are asking if the site is a NCU or a USR. Upon review of the English Feedlot#2 located at 19200 CR 10 Hudson it has been determined that the site is considered a NCU or USR?? (Staff was leaning more towards the NCU but there were a few who thought USR) I have provided you with a timeline. This is what we have on site. SUP-68 was created through a letter dated September 1, 1966 from the County Attorney stating it is the opinion of the Board of County Commissioners that there is sufficient evidence to sustain the position that your intent was established to build a feedlot prior to the freeze order of the County Commissioners on zoning. The letter was supported by an additional letter dated August 22, 1966 from the manager of Anachutz Farm (English Feedlot) stating that it was designed for 10,000 head. (SUP-68 consists of two letters one from the applicant stating why they should be `grandfathered' in and the other from the County Attorney— we are not sure how it was assigned a SUP number) SUP-105 was a request to expand the existing feedlot on May 26, 1971 Planning Commission hearing (this case never went to the Board of County Commissioners). In the application the applicant states they have up to 12,000 head on site. The meeting minutes also reflect the 12,000 head on site. This case was disqualified due to the property being zoned A-1 which prohibited commercial feedlots. USR-1154 was a request to expand the existing feedlot from 12,000 head to 20,000 head on August 27, 1997. This request was denied. Our question for you is since it has an SUP-68 number is it a USR? Or since the SUP-68 does not have a resolution and is just a letter is it really a NCU? 03/19/2007 Page 2 of 2 ••,_ r The reason this is coming up is that the surrounding property owners have been adamantly opposed to this site and have submitted a letter stating that the site has not been in operation for the past year. If it is a NCU than they have lost the NCU status but if it is an USR they have another two years before it is lost. Let me know if you have any questions Thank you for your time on this Jacqueline 03/19/2007 Page 1 of 1 Jacqueline Hatch From: Kim Ogle Sent: Monday, March 19, 2007 2:49 PM To: Jacqueline Hatch; Bethany Salzman; Wendi Inloes; Michelle Martin; Hannah Hippely; Roger Caruso; Brad Mueller; Chris Gathman Subject: RE: English Feedlot. There was a work session on this a few years ago. Have you checked property research? Or checked with the Board? Kim Ogle I Planning Manager Direct 970/353-6100 extension 3549 I Fax 970/304 6498 kogle@co weld co us Weld County Planning Services 918 Tenth Street I Greeley,CO 80631 I www co weld.co us PLEASE NOTE This message,including any attachments,may include privileged,confidential and/or inside information Any distribution or use of this communication by anyone other than the intended recipient is strictly prohibited and may be unlawful If you are not the intended recipient,please notify the sender by replying to this message and then delete it from your system From: Jacqueline Hatch Sent: Monday, March 19, 2007 9:05 AM To: Bethany Salzman; Wendi Inloes; Michelle Martin; Hannah Hippely; Roger Caruso; Brad Mueller; Chris Gathman; Kim Ogle Subject: English Feedlot. After Friday's staff I emailed Bruce and he said that English Feedlot is a USR. Why- Because in SUP-105 we called it an amendment and in USR-1154 we also called it an amendment— making it a USR. I will write a letter to the surrounding property owners outlining the history and the determination. Thanks for everyone's thoughts on this one. 03/19/2007 February 5, 2007 Weld Cc,�ht„ SOl , • Fia7,7ieg D 'Ul(p/Qartmeet Planning Department Qt 7 NG Weld County Arr 2007 4209 County Road 241/2 Ck4 �% Longmont, Colorado 80501 � �✓ Dear Planner: The English Feedlot#2, located at 19200 WCR 10, Hudson, CO has stopped business in its usual sense. Since mid-summer, the number of cattle has been reduced to somewhere around 50 head and as of January 30, 2006 the feedlot was empty. This feedlot was "grandfathered" in back in the 60's as a non-conforming feedlot. If it were not used as a feedlot for six months, it was to revert back to agricultural zoning. Since the small number of cattle kept there this summer could have been legally kept on agricultural zoning,4 head per acre, please change the zoning back to Agriculture. If the feedlot is sold or resumes business, it should have to reapply for a USR and upgrade to state standards so they are more compatible with the surrounding neighbors. South Weld County Citizens u a4 J K/� �,/ `f/ r• '/lam �3 i ' .'/z ' ✓ /9-75/ -/%�� ✓�u l h ffic CY S e » C,u �'J� �/2, < L cY✓�•�Z — 1 ' I / i736 1r.9 '" « ( 'O3 I rGj ` 7/-/ / I✓ s / ,Y/1,1-e-e-d-/ Yr 4 )11 r oi L‘. 61uCvY1 Wa-ci \tk p'oj 00 �ti Hello