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HomeMy WebLinkAbout20071623.tiff INVENTORY OF ITEMS FOR CONSIDERATION Applicant Michael Faulkner, Faulkner Dairy Case Number AmUSR-1133 LLC Submitted or Prepared Prior to At Hearing Hearing \ 1 Staff Comments X Department of Planning Services Field Check Form X Planning Commissioner Field Check Form - Letter to Applicant X Affidavit of sign posting X Legal Notifications X 2 Application X Maps X Deed/ Easement Certificate X Surrounding Property/ Mineral Owners X Utilities - 3 Referral List X v Referrals without comment Weld County Zoning Compliance, referral dated November 2, 2006 and X March 8, 2007 West Greeley Soil Conservation District, referral dated November 6, 2006 X US Department of Agriculture, referral received March 13, 2007 X 4 Referrals with comments Weld County Department of Public Health and Environment, referral dated November 29, 2006 and April 18th, 2007 X CSU Cooperative Extension Office, referral received April 9, 2007 X Weld County Sheriffs Office, referral received April 2, 2007 X US Army Corps of Engineers, referral received March 21, 2007 X West Greeley Soil Conservation District, referral dated March 14, 2007 X Colorado Division of Wildlife, referral received December 13, 2006 X Weld County Department of Planning Services Landscape, referral dated X November 9, 2006, c.rJ Weld County Department of Building Inspection, dated November 21, 2006 X Weld County Department of Public Works, dated November 27, 2006 and X March 27, 2007 N, 5 Surrounding Property Owners- Letters EXHIBIT 1 T� 2007-1623 Woodrow and Sobel, P.C. letter regarding mineral interests objection dated X 11/28/2006 Noble Energy Fax received 12/4/2006 X 6 PC Exhibits N a. Email from Ron Jepson Environmental Ag Program CODHE dated X 4/26/2007 N b. AGPRO letter to CODHE regarding Compliance Advisory dated 4/25/07 X I hereby certify that the items identified herein were submitted to the Departmen of P ing S ices at o prior to the scheduled Planning Commissioners hearing. tnna LHippe : P=nne vine LAND USE APPLICATI ON ION SUMMARY SHEET Case Number: AmUSR-1133 Hearing Date: May 1, 2007 Applicant: Faulkner Dairy II, LLC c/o Michael Faulkner Address: 300 East 16th Street#301; Greeley, CO 80631 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 9,000 head) as well as six (6) existing permitted accessory to the farm mobile homes in the A (Agricultural)Zone District Legal Description: SW4 Section 29, Township 7 North, Range 64 West of the 6th P.M., Weld County, Colorado Location: East of and adjacent to County Road 51 and North of and adjacent to County Road 76 Size of Parcel: 160 +/-acres 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 dated November 2, 2006 • Weld County Department of Public Health and Environment, referral dated November 29, 2006 and April 18 , 2007 • Weld County Department of Public Works, dated November 27, 2006 and March 27, 2007 • Weld County Department of Building Inspection, dated November 21, 2006 • Weld County Department of Planning Services Landscape, referral dated November 9, 2006 • Colorado Division of Wildlife, referral received December 13, 2006 • West Greeley Soil Conservation District, referral dated November 6, 2006 and March 14, 2007 • US Army Corps of Engineers, referral received March 21, 2007 • Weld County Sheriffs Office, referral received April 2, 2007 • US Department of Agriculture, referral received March 13, 2007 • CSU Cooperative Extension Office, referral received April 9, 2007 Referrals were not received from the following: • Galeton Fire Protection District • North Weld County Water District EXHIBIT I r ArnUSR-1133 Faulkner Page 1 of 10 SPECIAL REVIEW PERMIT fin 0 ADMINISTRATIVE REVIEW COLORADO Planner: Hannah Hippely Case Number: AmUSR-1133 Hearing Date: May 1, 2007 Applicant: Faulkner Dairy LLC, c/o Michael Faulkner Address: 300 East l6th Street#301, Greeley, CO 80631 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 9,000 head) as well as six (6) existing permitted accessory to the farm mobile homes in the A (Agricultural)Zone District Legal Description: SW4 Section 29, Township 7 North, Range 64 West of the 6th P.M., Weld County, Colorado Location: East of and adjacent to County Road 51 and North of and adjacent to County .-. Road 76 Parcel Size: 160 +/-acres Parcel Numbers: 0711 29 000025 and 0711 29 000026 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.Goal1) states "...conserve agricultural land for agricultural purposes which foster the economic health and continuance of agriculture. There is currently, an existing dairy operating on site. The proposed amendment is to include a second milk parlor, free stall barns and pens, manure management facilities and composting. The total number of cows associated with the facility will increase from 2500 head 9000 total head. Section 22-2-60 (A.Policy1.1) 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." Diaries are considered an agricultural activity and the proposal is appropriately located in an Agricultural zone district where Livestock Confinement Operations (Dairies) are a Use by Special Review. Section 22-2-60 (A.Policyl.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 AmUSR-1133 Faulkner Page 2 of 10 removal of agricultural land from production." Adequate services are available to this proposal as the facility will be served by North Weld County Water District (for domestic water) and existing water rights to Larimer and Weld Irrigation and the Windsor Reservoir Company, individual sewage disposal systems serve the residences on site. The impact to the surrounding properties will be minimal as ensured by Conditions of Approval and Development Standards. 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 B.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 and many are involved in agricultural production including hay production and cattle grazing. There are three existing residences within 500 feet of the property. One directly north of the current operation, a second directly south of the current operation and a third diagonal to the south and east of the property's southeast corner boundary. Use by Special Review permits existing in the area include USR-1512 for an agricultural service establishment approximately 0.25 mile to the north west, USR- 1145 for an airstrip .5 mile east, SUP-315 for a hog farm 0.5 mile south, SUP-297 for a hog farm 1 mile north, and AmSup-215 for a recreational facility 1 mile north west. The applicant will be required to adhere to specific Development Standards required by the County as well as Confined Animal Feeding Operation (CAFO) regulations. 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, located in a non-urban area, does not lie within the 3 mile referral area of any municipality. E. Section 23-2-220.A.5 -- The application complies with Section 23-5 of the Weld County Code. Willow Creek and its associated floodplain occupy the center of this site. No structures are proposed to be constructed in 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 will cover the entire site which is mostly considered Irrigated Land (not Prime) according to the U.S.D.A. Soil Conservation Map, dated 1979, the current facility occupies the area identified as Prime Irrigated land. Dairy facilities are considered an agricultural related use. 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. AmUSR-1133 Faulkner Page 3 of 10 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 recording the plat: A. The applicant shall delineate any on-site sign(s). Signs shall adhere to Article IV Division 2 of the Weld County Code as it related to signs in the A (Agricultural) Zone District. (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 23-2-250.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/Screening Plan to the Department of Planning Services for review and approval. The plant material or other screening 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. Upon approval, the Landscape/Screening Plan shall be placed on the plat. (Department of Planning Services) D. The applicant shall provide both the Weld County Department of Public Works and the Department of Planning Services with an updated 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 March 27, 2007. Written evidence of the Department of Public Works approval shall be submitted to the Department of Planning Services. (Department of Public Works) E. The applicant shall provide the Weld County Department of Public Works Drainage Division a copy of the site grading and drainage plan for review and approval. Written evidence of approval shall be submitted to the Department of Planning Services. (Department of Public Works) F. 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) G. The applicant shall provide to the Department of Public Health and Environment (DPHE) documentation, prepared by a Colorado Registered Professional Engineer, that all wastewater impoundments for the confined animal feeding operation (CAFO) meet seepage rate standards of Colorado Water Quality Control Commission Regulation 81 [81.5(2)]. Written evidence of approval by the DPHE shall be provided to the Department of Planning Services. (Department of Public Health and Environment) H. The applicant shall provide evidence to the DPHE 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 approval by the DPHE shall be provided to the Department of Planning Services. (Department of Public Health and Environment) AmUSR-1133 Faulkner Page 4 of 10 The applicant shall provide evidence to the DPHE that a CAFO Colorado Discharge Permit has been applied for or obtained from the Colorado Water Quality Control Division. Written evidence of approval by the DPHE shall be provided to the Department of Planning Services. (Department of Public Health and Environment) J. The applicant shall attempt to address the requirements (concerns) of the Colorado Division of Wildlife, as stated in the referral response dated November 28th, 2006. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. K. The plat shall be amended to delineate the following: 1. All pages of the plat shall be labeled AmUSR-1133. (Department of Planning Services) 2. The attached Development Standards. (Department of Planning Services) 3. The flood plain shall be delineated on the plat as it is shown on the FEMA FIRM Community Panel Map#080266 0495 C. (Department of Planning Services) 4. The approved access points to the proposed facility. (Department of Planning Services) 5. The approved Lighting Plan. (Department of Planning Services) 6. Any on site signs, if applicable. (Department of Planning Services) 7. The approved Landscaping/Screening Plan. (Department of Planning Services) 8. County Road 51 is designated on the Weld County Road Classification Plan as a future collector which requires 80 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. An additional 10 feet of right- of-way shall be delineated on the plat as future County Road 51 right-of-way. The additional right-of-way shall be either dedicated or reserved, improvements should not encroach within this future right-of-way.(Department of Public Works) 9. County Road 76 as designated on the Weld County Road Classification Plan is a local gravel 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) 10. 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 in Appendix 23-B of the Weld County Code. The number of on- site parking for the facility shall be twenty eight (28) spaces. Additionally, each residence on site shall have two (2) parking spaces. 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 surfaced with recycled asphalt, gravel, recycled concrete, asphalt, concrete or an equivalent material. The plat shall delineate the location and type of surfacing material. 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) ArnUSR-1133 Faulkner Page 5 of 10 11. The applicant shall make a reasonable attempt to meet the requirements of the American with Disabilities Act (ADA) and comply with ADA standards for this facility. Two (2) non-ambulatory / ambulatory parking spaces shall be identified on the plat. The parking space must be the closest possible to the entrance. 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. 12. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. (Department of Planning Services) 2 The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. (Department of Planning Services) 3 Upon completion of 1. 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) 4 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. 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 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) Am USR-1133 Faulkner Page 6 of 10 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Faulkner Dairy II, LLC AmUSR-1133 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 9,000 head) as well as the six (6) existing permitted accessory to the farm mobile homes 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 property owner or operator shall be responsible for complying with Section 23-4-170 of the Weld County Code in regards to the accessory to the farm mobile homes. 4. Manufactured (Mobile) homes on site shall not be allowed to deteriorate to the point of becoming a Derelict Manufactured (Mobile) Home as defined in Section 23-1-90 of the Weld County Code. (Department of Planning Services) 5. As stated in the application materials, the operation shall be limited to seventy-five (75) employees. (Department of Planning Services) 6. 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) 7. The facility shall operate in compliance with Colorado Water Quality Control Commission Regulation Number 81. (Department of Public Health and Environment) 8. 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 to surface waters, except as provided in the facilities CAFO Colorado Discharge Permit. (Department of Public Health and Environment) 9. 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) 10. An individual sewage disposal system (I.S.D.S.) is required for sewage flow from the proposed milk parlor and must be designed by a Colorado Registered Professional Engineer and in accordance with Weld County I.S.D.S. 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) 11. The facility shall be operated and maintained in a manner to prevent nuisance conditions. (Department of Public Health and Environment) 12. 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) AmUSR-1133 Faulkner Page 7 of 10 13. The facility shall be operated in a manner to control pests. The facility shall be operated in accordance, at all times, with their current approved Management Plan for Nuisance Control. Additional control measures shall be implemented at the request of the Weld County Department of Public Health and Environment in the event that rodents (which can be determined to be associated with the facility) are in such a number to be considered a nuisance condition. (Department of Public Health and Environment) 14. The facility shall be operated in a manner to control flies. The facility shall be operated in accordance, at all times, with their current approved Management Plan for Nuisance Control. Additional fly control measures shall be implemented at the request of the Weld County Department of Public Health and Environment in the event that flies (which can be determined to be associated with the facility) are in such a number to be considered a nuisance condition. Additional controls shall also be implemented in the event the Weld County Department of Public Health and Environment receives a significant number of fly (associated with facility) complaints, and in the judgment of the Weld County Health Officer, there exists a fly condition requiring abatement. (Department of Public Health and Environment) 15. 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) 16. The applicant shall remove, handle, and stockpile manure from the livestock area in a manner that will prevent nuisance conditions. The manure piles shall not be allowed to exist or deteriorate to a condition that facilitates excessive odors, flies, insect pests, or pollutant runoff. The surface beneath the manure storage areas shall be of materials which are protective of State waters. These areas shall be constructed to minimize seepage or percolation of manure contaminated water. In no event shall the facility impact or degrade waters of the State in violation of Colorado Water Quality Control Commission Regulation Number 81. (Department of Public Health and Environment) 17. The facility shall operate in compliance with applicable Colorado Air Quality Control Commission Regulations. There shall be no open burning except "agricultural open burning" as defined by Colorado Air Quality Control Commission's Regulation 9. (Department of Public Health and Environment) 18. There shall be no permanent disposal of solid wastes, as defined in the Regulations Pertaining to Solid Waste Disposal Sites and Facilities (6 CCR 1007-2), at this site. (Department of Public Health and Environment) 19. 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) 20. 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) 21. If required, a stormwater discharge permit shall be obtained from the Colorado Water Quality Control Division for construction activities. (Department of Public Health and Environment) 22. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11)(Department of Planning Services) AmUSR-1133 Faulkner Page 8 of 10 23. Effective August 1, 2005, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) (Department of Planning Services) 24. 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) 25. A building permit shall be obtained prior to the construction of any structure. A grading permit is required for grading and excavation of any new lagoons. (Weld County Building Department) 26. A letter of approval Galeton Fire Protection District shall be provided to the Weld County Building Department prior to construction of any structure. (Weld County Building Department) 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). (Department of Planning Services) 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). (Department of Planning Services) 29. 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) 30. 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) 31. All signs shall adhere to Article IV Division 2 of the Weld County Code as it related to signs in the A(Agricultural)Zone District. (Department of Planning Services) 32. The applicant shall adhere to the approved lighting plan. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where such would cause a nuisance or interfere with the use on the adjacent properties. (Department of Planning Services) 33. The applicant shall adhere to the proposed Landscaping/Screening Plan. Landscaping and Screening materials as indicated in the approved plan shall be maintained at all times. Dead or diseased plant materials shall be replaced with materials of similar quantity and quality at the earliest possible time. (Department of Planning Services) 34. Should 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, pursuant to Chapter 15, Articles I and II of the Weld County Code. (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. (Department of Planning Services) 36. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. (Department of Planning Services) 37. 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. (Department of Planning Services) AmUSR-1133 Faulkner Page 9 of 10 38. Any disturbance of wetlands or stream bed shall require the applicant to contact the Army Corps of Engineers (referencing Corps File Number 199680975) for permits pursuant to Section 404 of the Clean Water Act. (Department of Planning Services) 39. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. (Department of Planning Services) 40. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. (Department of Planning Services) 41. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. (Department of Planning Services) r^ Am USR-1133 Faulkner Page 10 of 10 DEPARTMENT OF PLANNING SERVICES (it a NORTH OFFICE 918 10TH S GREELEY, CO 80631631 PHONE: (970) 353-6100, Ext. 3540 IFAX: (970) 304-6498 • WIIDc. COLORADO November 1, 2006 Faulkner Dairy do Cody Hollingsworth 4650 Hwy 66 Longmont CO 80504 Subject: AmUSR-1133- RequestforA Site Specific Development Plan and 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 Operation (a Dairy operation with a total of 5,400 head)including the accessory to the farm mobile homes(6 total)in the A(Agricultural)Zone District on a parcel of land described as SW4 Section 29, T7N, R64W 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 January 2,2007,at 1:30 p.m. This meeting will take place in the Hearing Room, Weld County Planning Department, 918 10' 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 Planning Commission for their review and comments. Please call 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 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. Respectfully, Hannah Hippely Planner DEPARTMENT OF PLANNING SERVICES ,y\fie a NORTH OFFICE 918 10TH Street GREELEY, CO 80631631 PHONE: (970) 353-6100, Ext. 3540 FAX: (970) 304-6498 COLORADO March 14, 2007 Faulkner Dairy c/o Cody Hollingsworth 4650 Hwy 66 Longmont CO 80504 Subject: AmUSR-1133- Request for A Site Specific Development Plan and 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 Operation (a Dairy operation with a total of 9,000 head)as well as the existing permitted accessory to the farm mobile homes(6 total)in the A (Agricultural)Zone District on a parcel of land described as SW4 Section 29,T7N, R64W 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 May 1,2007, at 1:30 p.m. This meeting will take place in the Hearing Room, Weld County Planning Department, 918 10'"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 Planning Commission for their review and comments. Please call for further details regarding the date,time,and place of this meeting. It is recommended that you and/ora representative be in attendance at the 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. Respectfully, • H n hHipp y t� Planner PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS 12/23/06 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 DAYS BEFORE THE BOARD OF COMMISSIONERS HEARING FOR AmUSR-1133 f7 N/1!A f� IkffK v Name of Person Posting Sign Signature of Person Posting Sign STATE OF COLORADO )ss. COUNTY OF WELD The foregoing instrument was subscribed and sworn to me this 1 J day of Lai V—, 2006. WITNESS my hand and official seal. =�tpRrAn ;.Theas I ‘Y119EtiN • BETHANY i Notary Public ;�Wit• SA'alAN 1 • Vec'••.., �fr My Commission Expires: Id'-(LI-en PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS 04/21/07 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 L Hippely , HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN/ FIFTEEN DAYS BEFORE THE PLANNING COMMISSIONERS HEARING FOR 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 9,000 head) as well as the existing permitted accessory to the farm mobile homes (6 total) in the A (Agricultural) Zone District (AmUSR-1133). Hannah L Hippely Name of Person. Postin Sign rn Signature of Person Posting Sign 0" STATE OF COLORADO ) ss. COUNTY OF WELD " '�� The foregoing instrument was subscribed and sworn to me thisa 'day oft .)4 , 2007. WITNESS my hand and official seal. °.\ ppr'PU��. 4yLc ' • • BETHANY y'_ SALZMAN My Commission Expires: U"l141.-)1 FoF CQ`OQ • • • TART / >•f. Ir .` I t - - Wirpa NOTICE Wilma wwi NOTICE Liin. A PUBLIC HEARING CONCERNING A xeEIIC NLEIING COSEC NNINS MIS ljt to WILL St KILO Al THIS PROPERTY WILL BE HELD AT: y�- ' 9/8 /D erann-6x`I<r Co w MPt I'� . eI:c:� - r ' 4... .. I �wiry . - ox Mlw 1" . zoo3 AT.G'Yplt. 'r: ..--:_sown�f✓ ..unc uJJ tur:!'.r.r• . I (i `'LIB ^. NOM[ �59Sa7^ ".aM.PLa ..+ex 2� emu, z. .•�'). I01 MOIL IYOIWLION CALL L p a" �Ls. �..�ti WEED COUNTY eEPANIMEIET Of NLOOESL Lrtj I)e 1 (om..my ,w • NANNING SMYICES AT ' �: MOW.] EOM..a_Nto CASE R MORE ILWa. -((CN CA Ants h T=r , z - - - - - ) -. FOR MORE INFORMATION CALL \ ' - - - WELD COUNTY DEPARTMENT OF • �' a°:. - PLANNING SERVICES AT Its (970)353-6100 ext. 3540 • E \ y • A y� _ 04/131./ 007 r Mw Wu&e NOTICE 'a: , .I,; ' A PUBLIC HEARING CONCERNING I �. `t THIS PROPERTY WILL BE HELD AT: I• V _ - ON MaY /8.- . 2002AT /'�. 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''.. a. — - _ - __ . -_-,-.r y�:'-. eIC'l�a►�._� �._�— -S . a.om_.` % . •r' 'W" 7'h�r di. ,.4 y01 ; 'r S , n.Mir')'''. �.� $ ' ,a"-ai.P.-. r 1.,.se.....s-4,-.„ .'r 'ti r. w • f vism.#, ` d 14" ss 1ertA4 . ,1 c....,rutda _..•[ro„ --a.C ��.fJ' J i6M'5![ `;`. 4" 9 'lrJCfe'.. ...45214( � C ~ ! ` •• k.Y_re't .�s'"'w .FiA[-�'ir" —T��[Y F^".�t `w+.r. ''..�A { r f .„ 4r'"`w:.;.9`l4sR -r . -a-_ i•• "` <<..:�` —ss?c,�•. r» i "SW Sa _ ' -4C y - • l.l 'T .. t • View West from East Property Line I View Southwest from East Property Line 1 LallIMMI\ __....._ MilliPlai♦ �i y iir _ til �" _ 4 ' 14, R ; Z • if �fP'tt r Employee Housing �y�yl}y, v T M y F a1` • � rs • • CR 76 View East & Adjacent Property int V �y ‘,-,?/-. ,{ , 3• r.•�,_� ' .. ,.4 4 yI�/i ` • r4 ,....• - i +�` ry rar , ��- ✓^' - . tom' - - _ i CR 76 View West • ,ilir 1 - adriset!g!_.1 . me. 1,1'9 • • 9 . - . -- b '. Bey � Y ' RD 51 .�-.i..q.. n .I ».. .a^�_ 4 :mow . 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View North on CR 51 from Northern Property Line Page 1 of 1 Esther Gesick To: Fort Lupton Press (blopez@metrowestnewspapers.com) Subject: Three items for publication on Wednesday, May 16, 2007 Attachments: NO07-42news.wpd; NO07-41news.wpd; NO07-40news.wpd Hi Bobi, Please confirm that you received the following: No07-40, Cockroft No07-41, Owens No07-42, Districts Thanks and have a GREAT Mother's Day weekend! Esther 5/11/2007 Page 1 of 1 Esther Gesick From: Bobi Lopez [blopez@metrowestnewspapers.com] Sent: Friday, May 11, 2007 11:56 AM To: Esther Gesick Subject: RE: Three items for publication on Wednesday, May 16, 2007 Received 3 for May 16. Thanks and have a Wonderful Mother's Day@ Thanks Bobi From: Esther Gesick [mailto:egesick@co.weld.co.us] Sent: Friday, May 11, 2007 9:17 AM To: blopez@metrowestnewspapers.com Subject: Three items for publication on Wednesday, May 16, 2007 Hi Bobi, Please confirm that you received the following: No07-40, Cockroft No07-41, Owens No07-42, Districts Thanks and have a GREAT Mother's Day weekend! Esther 5/11/2007 FIELD CHECK Inspection Date: (2-/is ) a10 APPLICANT: Michael Faulkner, Faulkner Dairy II,LLC CASE#: AMUSR-1133 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 5,400 head)as well as the existing permitted accessory to the farm mobile homes (6 total) in the A(Agricultural)Zone District. LEGAL: SW4 Section 29, T7N, R64W of the 6th P.M., Weld County, CO LOCATION: East of and adjacent to Weld County Road 51 and North of and adjacent to Weld County Road 76 PARCEL ID#: 0711 29 000025 and 0711 29 000026 ACRES: 160 +/- Zoning Land Use N � N 4t4E A-or < W ^ S W A Comments:( �'J� (4c5 grvwvueti f l rl5, HQ 911 ' °&gsces at G filets (A s / Spat 5pfl ri-ne Mvcp46 $ Sluts IG tts -Nag? Hannah ' pely, PI er o House(s) o Derelict Vehicles o Outbuilding(s) o Non-commercial junkyard (list components) o Access to Property o Irrigation Sprinkler o Crop Productions o Crops o Site Distance o Wetlands o Mobile Home(s) o Oil & Gas Structures o Other Animals On-Site ❑ Wildlife o Water Bodies o Utilities On-Site (transmission lines) o Ditch o Topography Note any commercial business/commercial vehicles that are operating from the site. Hello