HomeMy WebLinkAbout20071543.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Paul Branham,that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR-1590
APPLICANT: Contreras Farms Inc
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Lot B of RE-3515; located in a portion of the W2SW4 and all of the
E25W4 and of Section 19, T7N, R63W of the 6th P.M., Weld County,
Colorado.
REQUEST: A Site Specific Development Plan and Special Review Permit for an
agricultural service establishment primarily engaged in performing
agricultural,animal husbandry or horticultural services on a fee or contract
basis including a livestock confinement operation(a calf raising operation
for up to 5,000 head) in the A(Agricultural)Zone District.
LOCATION: North of and adjacent to CR78;east of and adjacent to the intersection of
CR 61 and CR 78.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260
of the Weld County Code.
2. It is the opinion of the Weld County Planning Commission that the applicant has shown
compliance with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 --The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinances in effect.
Section 22-2-60 A. Policy 1.3 states"Allow commercial and industrial uses, which are
directly related to, or dependent upon agriculture, to locate within the A (Agricultural) Zone
District when the impact to surrounding properties is minimal, and where adequate
services are currently available and reasonably obtainable. Agricultural businesses and
industries will be encouraged to locate in areas that minimize the removal of agricultural
land from production."
B. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240, Weld County Code),
Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and
Development Standards ensure that there are adequate provisions for the protection of
health, safety, and welfare of the inhabitants of the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Weld County Planning Commission recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
A. The applicant has not indicated that there will be any lighting on site. If lighting is intended
a Lighting Plan, including cut sheets of the 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)
EXHIBIT
��� 2007-1543
Resolution USR-1590
Contreras Farms, Inc
Page 2
B. The applicant shall complete all proposed improvements regarding access and parking
improvements to the satisfaction of the Departments of Planning Services and Public
Works or enter into an improvements agreement regarding collateral for improvements
and post adequate collateral for all required on-site improvements. The applicant shall
enter into an Improvements Agreement according to policy regarding collateral for
improvements and post adequate collateral for all required materials (parking and access
related improvements). The agreement and form of collateral shall be reviewed by
County Staff and accepted by the Board of County Commissioners prior to recording the
USR plat. (Department of Planning Services)
C. A management plan for nuisance control shall be submitted and approved by the Weld
County Department of Public Health & Environment. This"nuisance control plan" plan
must address control measures for dust, odors, flies and pests. Evidence of such shall be
submitted to the Department of Planning Services. (Department of Public Health and
Environment)
D. Provide 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)]. Evidence of Department of Public Health approval shall be submitted to the
Department of Planning Services. (Department of Public Health and Environment)
E. 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 such shall be submitted to the
Department of Planning Services. (Department of Public Health and Environment)
F. Demonstrate that wastewater impoundments meet required setbacks to water wells and
groundwater required by Colorado Water Quality Control Commission Regulation Number
81. [81.5 (6)]. Evidence of such shall be submitted to the Department of Planning
Services. (Department of Public Health and Environment)
G. Provide evidence that a CAFO Colorado Discharge Permit has been obtained from the
Colorado Water Quality Control Division. Evidence of such shall be submitted to the
Department of Planning Services. (Department of Public Health and Environment)
H. A parking and circulation plan shall be submitted to the Department of Public Works for
review and approval. All parking spaces will be required to use wheel stops to delineate
parking from walk or pedestrian travel areas. Written evidence of such shall be provided
to the Department of Planning Services. (Department of Public Works)
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)
J. If a sign is proposed, the applicant shall submit a detailed signage plan to the Department
of Planning Services, including location and size. Signs shall be in compliance with Article
VI, Division II and Appendices 23 C through E of the Weld County Code (Department of
Planning Services).
K. This application is to address a zoning violation VI-0600100 (exceeding the number of
animal units allowed in the Agricultural Zone District)and was already brought before the
Board of County Commissioners on May 9, 2006. As a result an investigation fee of 50%
Resolution USR-1590
Contreras Farms, Inc
Page 3
of the application fee ($2,207.50) shall be paid to the Department of Planning Services.
(Department of Planning Services)
L. The applicant shall submit an approved water augmentation plan for the existing wells or
evidence of another approved water source for the calving operation. (Department of
Planning Services)
M. The plat shall be amended to delineate the following:
1. The plat shall be prepared in accordance with Section 23-2-260 of the Weld
County Code. (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. Each sheet of the plat shall be labeled USR-1590. (Department of Planning
Services)
4. County Road 78 is classified as a local gravel road, which requires 60 feet of
right-of-way at full build out. The applicant shall verify the existing right-of-way and
the documents creating the right-of-way. All setbacks shall be measured from
the edge of future right-of-way. If the right-of-way cannot be verified, it shall be
dedicated. This road is maintained by Weld County. (Department of Public
Works)
5. The applicant shall address and adhere to the American with Disabilities Act
(ADA)and ADA standards for this facility at all times. Non-ambulatory/
ambulatory parking spaces shall be identified and shown on the plat. 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)
6. The approved parking and circulation plan. (Department of Planning Services)
7. The approved lighting plan, if applicable. (Department of Planning Services)
8. Any approved signs, as applicable. (Department of Planning Services)
9. The 200-foot setback radius'for existing oil and gas tank batteries and the 150-
foot setback radius'for oil and gas wellheads located on the site shall be
indicated. (Department of Planning Services)
10. Designated parking areas (with an all weather surfacing material) shall be
indicated on the plat. (Department of Public Works)
11. The perimeter berm along the west, north and east property lines shall be
removed. Upstream drainage from the site cannot be redirected. (Department of
Public Works)
12. The type and location of all easements and rights-of-way shall be indicated on the
Resolution USR-1590
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plat. Improvements shall be located in a manner as to not encroach or limit the
use of these easements or rights-of-way. (Department of Public Works)
N. 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)
2. Upon completion of 1. and 2. above the applicant shall submit a Mylar plat along with all other
documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office
of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall
be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County
Code. The Mylar plat and additional requirements shall be submitted within One-Hundred and
Twenty(120)days from the date of the Board of County Commissioners resolution. The applicant
shall be responsible for paying the recording fee. (Department of Planning Services)
3. The Department of Planning Services respectively requests the surveyor provide a digital copy of
this Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation);
acceptable GIS formats are ArcView shapefiles, 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 mapsco.weld.co.us. (Department of Planning Services)
4. Prior to Release of Building Permits:
A. A plan review is required for each building for which a building permit is required. Plans
shall include a floor plan. Building plans shall bear the wet stamp of a Colorado registered
engineer or architect. Two complete sets of plans are required when applying for each
permit. A Code Analysis Date sheet, provided by the Weld County Building Department
shall be submitted with each building permit application. (Department of Building
Inspection)
B. A building permit shall be obtained prior to the construction of any structures. (Department
of Building Inspection)
5. Prior to Certificate of Occupancy/finaling building permits:
A. A letter of approval shall be provided from the Galeton Fire Protection District.
(Department of Building Inspection/Galeton Fire Protection District)
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)
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Contreras Farms
USR-1590
1. A Site Specific Development Plan and Special Review Permit for an Agricultural Service
Establishment primarily engaged in performing agricultural,animal husbandry,or horticultural services
on a fee or contract basis including Livestock Confinement Operations(a calf raising operating for up
to 5,000 head) in the A(Agricultural)Zone District. (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. Historical flow patterns and run-off amounts will be maintained on site in such a manner that it will
reasonably preserve the natural character of the area and prevent property damage of the type
generally attributed to run-off rate and velocity increases,diversions,concentration and/or unplanned
ponding of storm run-off. (Department of Public Works)
4. There shall be no parking or staging of semi-tractor trailers or associated vehicles on County Roads.
Utilize on-site parking. (Department of Public Works)
5. The applicant must take into consideration storm water capture/quality and provide accordingly for
best management practices. (Department of Public Works)
6. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the
property or become established as a result of the proposed development, the applicant/landowner
shall be responsible for controlling the noxious weeds. (Department of Public Works)
7. The operation shall be limited to a total of twelve (12) employees (including family members) as
stated in the application materials. (Department of Planning Services)
8. The proposed drainage crossing (2—8'x 50')culverts should be sized to accommodate the 50-year
event. (Department of Public Works)
9. The off-street parking spaces including the access drive shall be surfaced with gravel or the
equivalent and shall be graded to prevent drainage problems. Each parking space shall be equipped
with wheel guards or curb stops where needed to prevent vehicles from extending beyond the
boundaries of the spaces and from coming into contact with other vehicles, walls, fences, or
plantings. (Department of Public Works)
10. Hours of operation shall be from 7 AM to 5 PM Monday-Sunday as stated in the application materials.
(Department of Planning Services)
11. The facility shall operate in compliance with Colorado Water Quality Control Commission
Regulation Number 81. (Department of Public Health & Environment)
12. The facility shall maintain CAFO Colorado Discharge Permit coverage and operate in compliance
with Colorado Water Quality Control Commission Regulation Number 61. There shall be no
discharge of manure or process wastewater, except as provided in the facilities CAFO Colorado
Discharge Permit. (Department of Public Health & Environment)
13. Any manure or process wastewater applications shall be at agronomic rates and in accordance
with the Nutrient Management Plan or Manure &Wastewater Management Plan. There shall be
no discharge from land application areas except for agricultural stormwater. (Department of Public
Health & Environment)
14. The facility shall be operated and maintained in a manner to prevent nuisance conditions and
operate in accordance with their approved Management Plan for Nuisance Control. (Department
of Public Health & Environment)
Resolution USR-1590
Contreras Farms, Inc
Page 6
15. The facility shall control fugitive dust on this site and be operated and maintained in a manner to
prevent nuisance conditions. The facility shall be operated in accordance, at all times, with their
current approved Management Plan for Nuisance Control. (Department of Public Health &
Environment)
16. The facility shall be operated in a manner to control pests. The facility shall be operated in
accordance, at all times, with their current approved Management Plan for Nuisance Control.
Additional control measures shall be implemented at the request of the Weld County Department
of Public Health and Environment in the event that rodents (which can be determined to be
associated with the facility)are in such a number to be considered a nuisance condition.
(Department of Public Health & Environment)
17. The facility shall be operated in a manner to control flies. The facility shall be operated in
accordance, at all times, with their current approved Management Plan for Nuisance Control.
Additional fly control measures shall be implemented at the request of the Weld County
Department of Public Health and Environment in the event that flies (which can be determined to
be associated with the facility) are in such a number to be considered a nuisance condition.
Additional controls shall also be implemented in the event the Weld County Department of Public
Health and Environment receives a significant number of fly(associated with facility) complaints,
and in the judgment of the Weld County Health Officer, there exists a fly condition requiring
abatement. (Department of Public Health & Environment)
18. The facility shall be operated in a manner to control odors. The facility shall be operated in
accordance, at all times, with their current approved Management Plan for Nuisance Control.
Odors detected off site shall not equal or exceed the level of fifteen-to-one dilution threshold, as
measured using methods set forth in Regulation 2 of the Colorado Air Pollution Control
Regulations. Additional controls shall be implemented at the request of the Weld County
Department of Public Health and Environment in the event odor levels detected off site of the
facility meet or exceed the level of fifteen-to-one dilution threshold, or in the judgment of the Weld
County Health Officer, there exists an odor condition requiring abatement. (Department of Public
Health & Environment)
19. The applicant shall remove, handle, and stockpile manure from the livestock area in a manner
that will prevent nuisance conditions. The manure piles shall not be allowed to exist or deteriorate
to a condition that facilitates excessive odors, flies, insect pests, or pollutant runoff. The surface
beneath the manure storage areas shall be of materials which are protective of State waters.
These areas shall be constructed to minimize seepage or percolation of manure contaminated
water. In no event shall the facility impact or degrade waters of the State in violation of Colorado
Water Quality Control Commission Regulation Number 81. (Department of Public Health &
Environment)
20. Any Individual Sewage Disposal System (I.S.D.S.)on the property shall be permitted, installed,
maintained and operated in compliance with Weld County I.S.D.S. Regulations. (Department of
Public Health & Environment)
21. The facility shall operate in compliance with applicable Colorado Air Quality Control Commission
Regulations. There shall be no open burning except"agricultural open burning"as defined by
Colorado Air Quality Control Commission's Regulation 9. (Department of Public Health &
Environment)
22. There shall be no permanent disposal of solid wastes, as defined in the Regulations Pertaining to
Solid Waste Disposal Sites and Facilities (6 CCR 1007-2), at this site. (Department of Public
Health & Environment)
Resolution USR-1590
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Page 7
23. The facility shall adhere to the maximum permissible noise levels allowed in the Light Industrial
Zone as delineated in Section 25-12-103 C.R.S, as amended. (Department of Public Health &
Environment)
24. Waste materials, not specifically addressed by other development standards, shall be handled,
stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential
nuisance conditions. (Department of Public Health & Environment)
25. If required, a stormwater discharge permit shall be obtained from the Colorado Water Quality
Control Division for construction activities. (Department of Public Health & Environment)
26. A plan review is required for each building for which a building permit is required. Plans shall include
a floor plan. Building plans shall bear the wet stamp of a Colorado registered engineer or architect.
Two complete sets of plans are required when applying for each permit along with a Code Analysis
Data sheet, provided by the Weld County Building Department. (Department of Building Inspection)
27. Buildings shall conform to the requirements of the various codes adopted at the time of permit
application. Currently the following has been adopted by Weld County: 2003 International Building
Code, 2003 International Mechanical Code, 2003 International Plumbing Code, 2005 National
Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspection)
28. Building height shall be measured in accordance with the 2003 International Building Code for the
purpose of determining maximum and height for various uses and types of construction and to
determine compliance with the Bulk Requirements from Chapter 27 of the Weld County Code.
Building height shall be measured in accordance with Chapter 23 of the Weld County Code in order to
determine compliance with offset and setback requirements. Offset and setback requirements are
measured to the farthest projection from the building. (Department of Building Inspection)
29. A separate building permit shall be obtained prior to construction of any building. (Department of
Building Inspection)
31. Prior to the release of building permit, the applicant shall submit evidence of approval from the
Galeton Fire Protection District to the Weld County Building Department. (Department of Building
Inspection)
32. 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)
33. Effective January 1, 2003, Building Permits issued on the proposed site will be required to adhere to
the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department of
Planning Services)
34. 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)
35. 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)
36. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-
240,Weld County Code.
37. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-
2-250,Weld County Code.
Resolution USR-1590
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Page 8
38. The property owner or operator shall be responsible for complying with the Livestock Confinement
Operation standards of Section 23-4-350 of the Weld County Code.
39. The property owner or operator shall be responsible for complying with the Livestock feeding
performance standards of Section 23-4-710 of the Weld County Code.
40. The operation shall comply with all applicable rules and regulations of the State and Federal agencies
and the Weld County Code.
41. Personnel from the Weld County Departments of Public Health and Environment, Planning Services
and Public Works shall be granted access onto the property at any reasonable time in order to ensure
the activities carried out on the property comply with the Development Standards stated herein and all
applicable Weld County regulations.
42. 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.
43. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards may be
reason for revocation of the Permit by the Board of County Commissioners.
Motion seconded by Tom Holton.
VOTE:
For Passage Against Passage Absent
Bruce Fitzgerald
Chad Auer
Tom Holton
Doug Ochsner
James Welch
Erich Ehrlich
Roy Spitzer
Paul Branham
Mark Lawley
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission,do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on May 1, 2007.
Dated the 1s`of May, 2007.
Kristine Ranslem
Secretary
c'7- / - •2cc7
HEARING ITEMS
CASE NUMBER: USR-1590
APPLICANT: Contreras Farms Inc
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Lot B of RE-3515; located in a portion of the W2SW4 and all of the
E2SW4 and of Section 19, T7N, R63W of the 6th P.M., Weld County,
Colorado.
REQUEST: A Site Specific Development Plan and Special Review Permit for an
agricultural service establishment primarily engaged in performing
agricultural,animal husbandry or horticultural services on a fee or contract
basis including a livestock confinement operation(a calf raising operation
for up to 5,000 head)in the A(Agricultural)Zone District.
LOCATION: North of and adjacent to CR78;east of and adjacent to the intersection of
CR 61 and CR 78.
Chris Gathman, Department of Planning Services,stated that Contreras Farms, Inc.being represented by Pat
McNear of Scott Realty,Co. have applied for a Site Specific Development Plan and Special Review Permit for
a livestock confinement operation for a calf raising operation up to 5,00 head in the A (Agricultural) Zone
district.
The site is located north of and adjacent to County Road 78 and east of and adjacent to the intersection of
County Roads 61 and 78.
Eight referral agencies reviewed this case, six referral agencies responded and their comments have been
addressed through development standards and conditions of approval.
The site is surrounded by dry land interspersed with single-family residences. The nearest single-family
residence is located immediately to the east of the USR boundary. Other adjacent residences are located
approximately Y south and west of the site.
Staff has received two phone calls from surrounding property owners with no specific objections,just more
inquiries to what the applicants are applying for. No letters of opposition have been received from surrounding
property owners for this case.
There are two access points into the facility and two existing residences on the property. The applicant is
proposing to have two mobile homes for employees. One issue that has come up is that there is an existing
residence immediately to the east of the proposed manure storage area on the east side of the property. Mr.
Gathman said he talked to Mr.McNear in regard to the manure storage area and he indicated that they would
be willing to relocate that to another location on the property so that it is not so close to the residence. There
is also a proposed retention area in this location that staff is unsure whether they would be willing to relocate it.
In regard to water the Office of the State Engineer—Division of Water Resources, in their referral received
December 6, 2006 states:"A livestock confinement operation such as this proposed calf-raising operation is
not considered an exempt use and therefore the use of these wells in such an operation would be a violation
of the conditions of approval of these wells permits. The use of these wells to serve a livestock confinement
operation would withdraw ground water hydraulically connected to an over-appropriated stream system and
will cause material injury to other water rights. As such, an augmentation plan would be required to offset
depletions caused by the pumping of all wells utilized in the calf raising operation. No augmentation plan has
been submitted nor approved by the state for these uses. Therefore there is no evidence that adequate
services (water) are currently available and reasonably obtainable.
Based on this information, the Department of Planning Services is recommending denial of this application.
Mr. Gathman further added that this is a pending land use violation so there is an existing facility already out
there as opposed to a facility that has not started operating yet.
Paul Branham asked about on page 7 of the Development Standards, item #6 and#10. Item •. -tes that
EXHIBIT
the applicants are utilizing the proposed internal roadway system and the roadway shall be graded and paved
and is not sure how you define paved,is that concrete? Mr. Gathman replied that Don Carroll will address that
but believes that we will not require a paved road on-site so that will likely be a change. Don Carroll,
Department of Public Works, requests that Item#6 be removed.
Tom Holton commented that he understands on the letter from the State Engineer on the water and asked
what does the county have in the code book that controls the water;it's up to the State Engineer correct? Mr.
Gathman stated that his comments were correct.
Mark Lawley asked because of the water issue and the State issue not a land use issue, are we enforcing
something we are not suppose to. Mr. Gathman replied that any land use application,as one of the submittal
requirements for a USR, has to provide evidence of adequate water which they did submit evidence of well
permits with this application and was sent to the Division of Water Resources where we got that response
back from them. At this point the State has indicated that there is not adequate water on site and the other
issue here to deal with is that this is a pending violation case which is an operation that is already in process
as opposed to a new application that has not already started. This case has been continued three times to
address the water issue and the applicants can speak more in detail of what they have or what they are trying
to address as far as water. As from a staff standpoint at this point they don't have evidence that they have an
approved adequate water source out there.
Paul Branham commented that they don't have evidence of adequate water, however if they do use the
existing wells they can come in with an augmentation plan and then it would be approved. Mr. Gathman
stated that we don't know specifically that it will be approved by the State and that is the situation.
Pat McNear, Scott Realty, 1212 8th Ave, Greeley CO, reiterated some of the statements that Chris Gathman
stated. Since the process began the applicant has researched alternative sites in the market place as well as
researched alternative water sources and supplies for his current operation. The property owner immediately
to the east initiated the zoning violation by complaint and to his knowledge as Chris has voiced this;there have
been no other neighbors who object. Since then,the applicant has contracted to purchase their property and
the owner has joined into the application process as indicated in the application. This is an area where the
majority of the expansion and the confinement facility as well as the proposed commercial well will be located.
The appraisal of the property and a commitment for financing have been satisfied to allow for financing to
purchase that property, so there are no contingencies in going forward there. The only contingency is
approval by the County.
The use as proposed is compliant with the intended Ag Zone District and the applicant has agreed to meet all
operation standards that are set forth in this application process. The containment run-off is designed to meet
all Colorado Department of Public Health and Environmental requirements by construction of lined pits as well
as meeting discharge permit requirements. Mr. McNear stated that the only containment that is allowed into
these containment facilities is from the site itself,everything else passes by the site. Mr.McNear understands
that they can relocate the pit and the applicant would prefer to stockpile any manure at an alternate site on the
property anyway.
Chad Auer clarified the adjacent property that initiated the violation is under contract to be purchased by the
applicant and on that property is where the well augmentation will be. Mr. McNear replied that is correct.
Mr. McNear commented that the questionnaire portion of the application stated that the source for water for
the entire operation would be by pooling of two existing domestic wells and drilling a third exempt commercial
well and this information is incorrect and would not be allowed as per the referral of the State Engineers
Office. The plan to provide domestic water supply has been amended to obtain a permit for a commercial use
well in compliance with the State Groundwater Regulations. The process required recharge of the aquifer to
allow the capture of groundwater at a specific point through a well augmentation plan. The augmentation
agreement for the specific well is in process of being affected at this time and the raw water to be dedicated to
plant has been contractually secured. Although Mr. McNear has been advised that the overstatement of the
aquifer area allocated to the existing exempt domestic well has no effect on the commercial well an application
for the correction of this concern has been submitted to the State Groundwater Division. Mr. McNear added
that he expects that they will have that augmentation agreement signed by next week. Mr. McNear requests
at this time the Board approve this application subject to being able to obtain a specific well permit. The
5
augmentation plan that the applicant has entered into has already filed papers with the State and a typical
commercial well could take up to several years to process a permanent well permit. Since the augmentation
plan is already in place it is Mr. McNear's understanding that they could have a permanent well in place as
soon as 3-6 months. What the applicant would operate under until that time and utilize the waters that he has
secured would be a temporary permit which is the State of Colorado's standard operating procedures. Mr.
McNear feels confident that the well will be in place.
Doug Ocshner asked if they have the temporary permit now. Mr. McNear replied that they will apply for the
permit as soon as the augmentation is in place and then they will need to take it to the State for the next step.
George Palsburg,428 N 28th, Lasalle CO,was present to answer any questions. He commented that when
they initially started this project they designed it for the 100 year storm and since then the feasibility of
expanding to match for a 100 year storm is not needed and will be dropping to the standard 25 year storm
which is part of the County's regulations.
Doug Ochsner stated that since the proposal is to approve a calf raising operation for up to 5,000 head he
asked how many are currently on the place. Mr. McNear stated there are 1700 to 1800 head currently on the
place.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Paul Branham moved to eliminate item #6 on page 7 of the Development Standards, seconded by Eric
Ehrlich. Motion carried.
Troy Swain, Department of Public Health,stated that the Department has a Development Standard that they
would like to change which is Development Standard#33. They would like to delete it and replace it with the
following "If required a storm water discharge permit shall be obtained from the Colorado Water Quality
Control Division for construction activities".
Tom Holton moved to change Development Standard #33 as per staff recommendations, second by Eric
Ehrlich. Motion carried.
Troy Swain added that they would like to enter into record a letter from the Colorado Department of Public
Health and Environment Ag Program which denies the applicant's permit application for capital discharge
permit.
Doug Ochsner asked Mr.Swain if this letter is addressed through the conditions and development standards
that they are concerned about. Mr.Swain indicated that prior to recording the plat in Condition G it states that
they provide evidence that a Colorado Discharge permit has been obtained from the Colorado Water Quality
Control Division,evidence of such shall be submitted to the Department of Planning Services. Therefore they
need the permit coverage prior to recording of the plat and right now the permit has been denied and he
assumes that they will resubmit all the pertinent information and give it another shot.
George Palsburg clarified that he had talked to Chris with the State and the reason it was denied was due to
the applicant proposing improvements on the plans and they will not approve something with proposed plans,
only after they are built. Therefore once the applicant has approval from Weld County they can start making
the construction and once they have it built then they can resubmit the permit to the State and it should be
approved.
Tom Holton said that according to a letter from the attorney with the options given at the end asked Chris
Gathman what is opinion was on that. Mr. Gathman replied that the applicant has a pretty good plan as to
how to address the issues. He added that there are a couple of options that if it goes to the Board and if it is
approved it would be a condition that prior to recording the plat that they would have an approved water
source. Another option would be to do it as a condition prior to scheduling of the Board of County
Commissioners hearing. Commissioner Holton asked Mr. Gathman if he would be comfortable with those
conditions given this new information. Mr. Gathman replied that he would be comfortable with that.
6
Commissioner Ochsner asked if it is true that the confirmed plan would take 3-6 months and if it would be that
time frame before it is scheduled to the Board. Mr. Gathman replied that yes that is correct. Commissioner
Ochsner asked if it could be scheduled with just a temporary permit versus the actual permanent. Mr. McNear
stated that the State will let you operate under a temporary permit and utilize those waters to recharge the
aquifer during that time. Mr. McNear stated that he believes they can have a temporary use permit issued
within 2-3 weeks.
Commissioner Branham stated that the site is compatible with surrounding area and the only question that has
surfaced has to do with the water and believes that the applicant has made substantial progress toward
resolving it with the augmentation plan and the commercial well.
Paul Branham moved that Case USR-1590, be forwarded to the Board of County Commissioners along with
the amended Conditions of Approval and Development Standards with the Planning Commissions
recommendation of approval. Tom Holton seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Erich
Ehrlich, yes; Tom Holton, yes; Mark Lawley, yes.
Erich Ehrlich voted yes and stated to make sure the applicant is aware there is only 44 Development
Standards and should pay attention to#44 that the property owner operator shall be responsible for complying
with all the foregoing Development Standards. Not in compliance with any of the foregoing Development
Standards may be a reason for revocation of the permit by the Board of County Commissioners.
Paul Branham voted yes with comment. Commissioner Branham stated since we are contrary to the staff's
recommendation he cited Section 23-2-220.A.1 as justification for that.
Doug Ocshner voted yes and cited Section 22-2-60.A.13 which states allowable commercial and industrial
uses are compatible and believes that this application is compatible with the surrounding areas and with what
they've brought and presented at the meeting today Section 23-2-220.A.7 that they have satisfied the
development standards and conditions of approval.
Chad Auer voted yes and cited Section 23-2-220.A.1 in addition to believing that the conditions of approval
and development standards have appropriate safe guards.
Motion carried unanimously.
The Chair called a recess at 2:33 p.m.
The Chair reconvened the meeting at 2:42 p.m.
CASE NUMBER: AmUSR-1133
APPLICANT: Michael Faulkner, Faulkner Dairy
PLANNER: Hannah Hippely
LEGAL DESCRIPTION: SW4 Section 29,T7N, R64W of the 6th P.M.,Weld County, Colorado.
REQUEST: 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 home(6 total)in the A(Agricultural)Zone District.
LOCATION: East of and adjacent to CR 51; north of and adjacent to CR 76.
Hannah Hippely, Department of Planning Services, read the case into record.
The sign announcing the Planning Commission hearing was posted April 19, 2007 by Planning Staff.
The property is located a mile north of Galeton, north of and adjacent to County Road 76 and East of and
Adjacent to County Road 51.
All of the surrounding property is zoned agricultural.
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U--3- o2.cc 7
HEARING ITEMS
CASE NUMBER: USR-1590
APPLICANT: Contreras Farms Inc
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Lot B of RE-3515; located in a portion of the W2SW4 and all of the
E2SW4 and of Section 19,T7N, R63W of the 6th P.M., Weld County,
Colorado.
REQUEST: A Site Specific Development Plan and Special Review Permit for an
agricultural service establishment primarily engaged in performing
agricultural, animal husbandry or horticultural services on a fee or
contract basis including a livestock confinement operation (a calf
raising operation for up to 5,000 head) in the A(Agricultural)Zone
District.
LOCATION: North of and adjacent to CR 78; east of and adjacent to the intersection
of CR 61 and CR 78.
Chris Gathman, Department of Planning Services stated that staff has received a letter from the applicant's
representative and they are requesting a continuance of this case until May 1,2007 to address water supply
issues.
Pat McNear, Scott Realty, 1212 8`hAv,Greeley CO,stated that he is here on behalf of George Contreras. Mr.
McNear stated that their concerns are explained in a letter that was handed out to the Planning Commission.
Their understanding was that they would get an approval from the Planning Commission Board and then
proceed with satisfying whatever the applicant has to do to provide raw water and an augmented well to that
application. Mr. McNear indicated he understands that everything else in the application has been satisfied or
is at a point where it can be satisfied. Mr. McNear stated that they have initiated the process as far as
augmenting and getting a permitted permanent well on the property. Mr. McNear commented that the
problem is the applicant doesn't own the property where the well will be placed and there is a problem that
exists on how the spacing is. In visiting with Mr.Contreras today,he feels that if we had a positive feeling that
this is going to go forward and that he just needs to satisfy the items previously mentioned then he is probably
in a position to purchase the other land and go forward which would eliminate one of the hurdles of non-
ownership.
The Chair asked the representative to clarify if they wish to continue the case. Mr. McNear stated that they
are in support of a continuance. Paul Branham asked Chris Gathman if planning staff has any objection to the
applicant's request to continue. Mr. Gathman stated that staff has no objections and would review any new
information that would come in.
The Chair asked if there was anyone in the audience who wished to speak for or against the continuance of
this application. No one wished to speak.
Paul Branham moved that USR-1590 be continued until May 1,2007. Bruce Fitzgerald seconded the motion.
Motion carried,
CASE NUMBER: PZ-1116
APPLICANT: Lone Tree Estates
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot C of RE-3846, part of the NW4 of Section 27, T7N, R65W of the 6th
P.M., Weld County, Colorado.
REQUEST: Lone Tree Estates PUD, Change of Zone from the A(Agricultural)Zone
District to PUD for three (3)lots with (E) Estate Zone uses.
LOCATION: East of and adjacent to CR 43 and approximately/2 mile north of CR
76.
Jacqueline Hatch, Department of Planning Services,stated that Troy Hauer for A Better Job Inc. has applied
for a request of Change of Zone from the A(Agricultural)Zone District to PUD for three(3)lots with(E)Estate
Zone uses called Lone Tree Estates PUD.
The applicant has chosen to adhere to the bulk requirements of the E (Estate)Zone District.
3
L - ?a� 7
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, February 6, 2007
A regular meeting of the Weld County Planning Commission was held Tuesday, February 6,2007,in the Weld
County Department of Planning Services, Hearing Room, 918 10th Street, Greeley, Colorado. The meeting
was called to order by Chair, Chad Auer, at 1:30 p.m.
ROLL CALL ABSENT
Chad Auer- Chair F
Doug Ochsner-Vice Chair
Paul Branham
Erich Ehrlich
Bruce Fitzgerald
Tom Holton -
�
Mark Lawley
Roy Spitzer
James Welch
Also Present: Bruce Barker, Kim Ogle, Brad Mueller, Jacqueline Hatch, Chris Gathman, Hannah Hippely,
Wendi Inloes, Don Carroll, Jesse Hein, Pam Smith, Char Davis, Troy Swain, and Donita May.
The summary of the last regular meeting of the Weld County Planning Commission held January 16, 2007,
was approved as read. Bruce Fitzgerald motioned to approve the minutes. Motion seconded by Tom Holton.
CONTINUED ITEMS
1. CASE NUMBER: USR-1590
APPLICANT: Contreras Farms Inc
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Lot B of RE-3515; located in a portion of the W2SW4 and all of
the E2SW4 and of Section 19, T7N, R63W of the 6th P.M., Weld
County, Colorado.
REQUEST: A Site Specific Development Plan and Special Review Permit for
an agricultural service establishment primarily engaged in
performing agricultural, animal husbandry or horticultural
services on a fee or contract basis including a livestock
confinement operation (a calf raising operation for up to 5,000
head) in the A(Agricultural)Zone District.
LOCATION: North of and adjacent to C R78; east of and adjacent to the
intersection of CR 61 and CR 78.
Chris Gathman, Department of Planning Services, said they were originally recommending this case be
continued indefinitely, but would now like to reschedule it to the April 3, 2007 hearing date. The
applicant's have provided Troy Swain, Environmental Health, with some information they requested, but
the applicant still needs more time to provide all of the information requested.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak. The public portion of the hearing was closed.
Bruce Fitzgerald moved that Case USR-1590, be continued to the April 3, 2007 hearing date. Roy Spitzer
seconded the motion. Motion carried.
1
Lowrzuti rtittAvt,0 c,2/-.2O(17
1 c2.4—`1O—7
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, January 2, 2007
A regular meeting of the Weld County Planning Commission was held Tuesday January 2,2007, in the Weld
County Department Of Planning Services, Hearing Room, 918 10th Street, Greeley, Colorado. The meeting
was called to order by Chair, Chad Auer, at 1:30 p.m.
ROLL CALLFri
_U
Erich Ehrlich Absent 0
Roy Spitzer rr
G`
James Welch Absent
Bruce Fitzgerald
Chad Auer
Doug Ochsner `n
Tom Holton -0
Paul Branham Absent
Mark Lawley
Also Present: Don Carroll, Char Davis, Chris Gathman, Hannah Hippely
The summary of the last regular meeting of the Weld County Planning Commission held on December 19,
2006, was approved as read.
There is an amendment to the agenda. Case USR-1580 will be moved to the Consent Agenda.
The Chair asked if there was anyone in the audience who wished to speak for or against moving USR-1580 to
the Consent agenda. No one wished to speak.
Bruce Fitzgerald moved to have USR-1580 moved to the Consent Agenda. Tom Holton seconded. Motion
carried.
The following cases will be continued:
CASE NUMBER: USR-1586
APPLICANT: Justin &Wendy Markwardt
PLANNER: Hannah Hippely
LEGAL DESCRIPTION: Lot A of RE-1758; Pt SE4 of Section 34, T6N, R66W of the 6th P.M.,
Weld County, Colorado.
REQUEST: A Site Specific Development Plan and Special Review Permit for a use
permitted as a Use by Right, an Accessory Use, or a Use by Special
Review in the Commercial or Industrial Zone District (Outdoor Storage of
Recreational Vehicles, Boats, Trailers, and Mini Warehousing for
personal/household storage) in the A(Agricultural)Zone District
LOCATION: South of and adjacent to F Street; approx 3/4 mile east of N. 59`h Ave.
•
Hannah Hippely, Department of Planning Services, read a letter requesting a continuance to February 6,
2007 to address some concerns staff has in regards to the application.
The Chair asked if there was anyone in the audience who wished to speak for or against the continuance of
this application. No one wished to speak.
Bruce Fitzgerald moved to continue USR-1586 to February 6, 2007. Roy Spitzer seconded. Motion
carried.
-- CASE NUMBER: USR-1590
APPLICANT: Contreras Farms Inc
>
I -31- "C* 7
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Lot B of RE-3515; located in a portion of the W2SW4 and all of the
•
E2SW4 and of Section 19, T7N, R63W of the 6th P.M., Weld County,
Colorado.
REQUEST: A Site Specific Development Plan and Special Review Permit for an
agricultural service establishment primarily engaged in performing
agricultural, animal husbandry or horticultural services on a fee or
contract basis including a livestock confinement operation (a calf raising
operation for up to 5,000 head) in the A(Agricultural)Zone District
LOCATION: North of and adjacent to C R78; east of and adjacent to the intersection
of CR 61 and CR 78.
Chris Gathman, Department of Planning Services, read a letter requesting a continuance to February 6,
2007. The applicant will be providing additional information for the Department of Public Health and
Environment and Department of Planning Services.
The Chair asked if there was anyone in the audience who wished to speak for or against the continuance
of this application. No one wished to speak.
Tom Holton moved to continue USR-1590 to February 6, 2007. Bruce Fitzgerald seconded. Motion
carried.
CASE NUMBER: AmUSR-1133
APPLICANT: Michael Faulkner, Faulkner Dairy
PLANNER: Hannah Hippely
LEGAL DESCRIPTION: SW4 Section 29, T7N, R64W of the 6th P.M., Weld County, Colorado.
REQUEST: 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 5,400 head) as well as the existing permitted
accessory to the farm mobile home (6 total) in the A(Agricultural)Zone
District
LOCATION: East of and adjacent to CR 51; north of and adjacent to CR 76.
Hannah Hippely, Department of Planning Services read a letter requesting an indefinite continuance due
to the application being inaccurate.
Bruce Fitzgerald moved to continue AmUSR-1133 indefinitely. Roy Spitzer seconded. Motion carried.
A member of the audience asked for clarification on what the continuance means. Ms Hippely indicated
the referrals will need to be re-mailed and surrounding property owners will be re-notified.
The following items will be on the Consent agenda:
CASE NUMBER: USR-1587
APPLICANT: Jody Meyer
PLANNER: Hannah Hippely
LEGAL DESCRIPTION: 2JB-13, L13 2 Filing JB Acres; Pt of Section 33, T6N, R66W of the 6th
P.M., Weld County, Colorado.
REQUEST: A Site Specific Development and Special Review Permit for a Kennel
(Cattery) in the A(Agricultural)Zone District.
LOCATION: East of and adjacent to N 67th Ave and North of C Street.
Bruce Fitzgerald asked what kind of cat this will be. Ms. Hippely stated will be domestic felines. This is
the definition under household pets.
The Chair asked if there was anyone in the audience who wished to speak for or against this application
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