HomeMy WebLinkAbout20071622.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Doug Ochsner,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: 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.
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 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.Policyl.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.Policy1.3) 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." 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
EXHIBIT
2007-1622 1 8
Amus2 41133
Resolution AmUSR-1133
Michael Faulkner, Faulkner Dairy
Page 2
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.
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:
3. 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)
._.... ......
Resolution AmUSR-1133
Michael Faulkner, Faulkner Dairy
Page 3
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 existing
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 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)
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.
J. 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)
Resolution AmUSR-1133
Michael Faulkner, Faulkner Dairy
Page 4
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.The two parking areas shall be identified on
the plat with wheel guards or curb stops at both locations 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)
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 one hundred eighty(180)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.
Resolution AmUSR-1133
Michael Faulkner, Faulkner Dairy
Page 5
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)
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 comply with alleged violations identified in the Compliance Advisory letter issued by
the Colorado Department of Public Health and Environment's Water Quality Control Division (dated
March 6, 2007, Certified Mail Number 7005 1820 0000 3209 7419) and any subsequent Notice of
Violation, Cease & Desist Order, Clean-up Order or any other order issued by the Colorado
Department of Public Health & Environment. (Department of Public Health and Environment)
9. Documentation provided by a Colorado Registered Professional Engineer shall be provided as
evidence that all newly constructed wastewater for the confined animal feeding operation will meet
seepage rate standards of the Colorado Water Quality Control Commission Regulation Number 81.
This documentation shall be submitted to the Weld County Department of Public Health and
Environment prior to operation. (Department of Public Health and Environment)
10. Provide evidence that a standard operating procedure for sludge and manure removal for all newly
constructed wastewater has been submitted and approved by the Colorado Water Quality Control
Division within 120 days of placing animals in the production area. (Department of Public Health and
Environment)
11. The facility shall maintain CAFO Colorado Discharge Permit coverage and operate in compliance with
Colorado Water Quality Control Commission Regulation Number 61. There shall be no discharge of
manure or process wastewater to surface waters,except as provided in the facilities CAFO Colorado
Discharge Permit. (Department of Public Health and Environment)
12. 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)
Resolution AmUSR-1133
Michael Faulkner, Faulkner Dairy
Page 7
13. 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)
14. The facility shall be operated and maintained in a manner to prevent nuisance conditions.(Department
of Public Health and Environment)
15. 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)
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 and 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 and
Environment)
18. 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)
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 and Environment)
20. The facility shall operate in compliance with applicable Colorado Air Quality Control Commission
Regulations. There shall be no open burning except "agricultural open burning" as defined by
Colorado Air Quality Control Commission's Regulation 9. (Department of Public Health and
Environment)
21. There shall be no permanent disposal of solid wastes, as defined in the Regulations Pertaining to
Solid Waste Disposal Sites and Facilities (6 CCR 1007-2), at this site. (Department of Public Health
and Environment)
22. The facility shall adhere to the maximum permissible noise levels allowed in the Light Industrial Zone
as delineated in Section 25-12-103 C.R.S, as amended. (Department of Public Health and
Environment)
Resolution AmUSR-1133
Michael Faulkner, Faulkner Dairy
Page 8
23. Waste materials, not specifically addressed by other development standards, shall be handled,
stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential
nuisance conditions. (Department of Public Health and Environment)
24. If required,a stormwater discharge permit shall be obtained from the Colorado Water Quality Control
Division for construction activities. (Department of Public Health and Environment)
25. 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)
26. 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)
27. 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)
28. 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)
29. 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)
30. 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)
31. 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)
32. 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)
33. 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)
34. 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)
35. 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)
36. 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)
37. Should noxious weeds exist on the property or become established as a result of the proposed
Resolution AmUSR-1133
Michael Faulkner, Faulkner Dairy
Page 9
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)
38. 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)
39. 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)
40. 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)
41. 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)
42. 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)
43. 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)
44. 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)
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 1st day of May, 2007.
Kristine Ranslem
Secretary
LOCATION: East of and adjacent to CR 19 and south of and adjacent to CR 84. For a
more precise location, see legal.
Hannah Hippely, Department of Planning Services,stated that at this time the applicant wishes to continue this
case until the June 5, 2007 Planning Commission hearing. The application was turned in with insufficient
drainage information and the applicant is in the process of compiling a report that meets the criteria of the
Public's Works Department. Staff is supportive of this continuance.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Doug Ochsner moved to continue MF-1025 to June 5, 2007, seconded by Mark Lawley. Motion carried.
CONSENT ITEMS
The Chair read the Consent Items into record.
CASE NUMBER: USR-1594
APPLICANT: Swift Beef Company
PLANNER: Kim Ogle
LEGAL DESCRIPTION: SE4 of Section 31,T6N, R64W of the 6th P.M., Weld County, Colorado.
REQUEST: A Site Specific Development Plan and a 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: Animal waste recycling or processing facilities (Waste
Water Treatment Facility) in the A (Agricultural) Zone District for the
property described below.
LOCATION: South of and adjacent to CR 62.5;west of and adjacent to CR 51.
Kim Ogle, Department of Planning Services, stated that staff had incorrect legal notice for this case and the
Clerk to the Board had caught it when they were in the process of hearing. Staff requests that the board
approve the case as stipulated.
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 Chair read the next Consent Item into record.
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,stated that at this time they wish to pull this case from the
Consent Agenda to be heard.
Doug Ochsner moved to pull Case AmUSR-1133 from consent to be heard, seconded by Paul Branham.
Doug Ochsner moved to approve the Consent Agenda which includes Case USR-1594, be forwarded to the
Board of County Commissioners along with the Conditions of Approval and Development Standards with the
Planning Commissions recommendation of approval. Tom Holton seconded the motion. Motion carried
unanimously.
EXHIBIT 3
Arn(.LSc 41133
.2_a 7
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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Other USRs in the vicinity include SUP-315 for a Hog Farm to the South, USR-1512 for an Ag Service
Establishment to the north and USR-1145 for an airstrip to the north east.
Thirteen referral agencies reviewed this case; eleven responded favorably or included conditions that have
been addressed through development standards and conditions of approval.
The oil and gas interests in this case have submitted a letter of objection to the proposal however they are in
the process of coming to an agreement with the applicant as far as surface use. Condition of Approval 1F
addresses the Oil and Gas concerns.
Ms. Hippely is proposing changes to staff comments.
The first is a change to Condition of Approval#3 which is extending the time line of recording the rnylar plat
from 30 to 180 days.
Secondly, staff would like to add the development standards which read the facility shall comply with the
alleged violations identified in the compliance advisory letter issued by the Colorado Department of Public
Health Water Quality Control Division which is dated March 6, 2007 and any subsequent Notice of Violation,
Cease&Desist Order,Clean-up Order or any other order issued by the Colorado Department of Public Health
& Environment.
Additionally, documentation provided by a Colorado Registered Professional Engineer shall be provided as
evidence that all newly constructed wastewater for the confined animal feeding operation will meet seepage
rate standards of the Water Quality Control Regulation #81. This documentation shall be submitted to the
Weld County Department of Public Health and Environment prior to operation. Providing evidence that a
standard operating procedure for sludge and manure removal for all newly constructed wastewater has been
submitted and approved by the Colorado Water Quality Control Division within 180 days of placing animals in
the production area.
Ms. Hippely added that she also has a change to prior to recording the plat Condition G. She stated it will be
1.G and will read in the existing text they will be replacing "all" with "existing" in the first sentence and
completely removing"prior to the recording the plat Condition H—standard operating procedures for existing
lagoons have already been approved".
Cody Hollingsworth, Ag Professionals, 4350 Highway 66, Longmont CO, is representing the applicant. Mr.
Hollingsworth stated that as far as the conditions of which Hannah had mentioned the applicant is in
agreement with those. Mr. Hollingsworth added that they would also like to address Condition 1.C with regard
to the landscaping. They have proposed some changes to the language of which are to add the additional
landscaping from the east side of Willow Creek continuing east to the first residential access where the tree
buffering starts again. The Chair clarified that is on page 4 item 1.C. Mr. Hollingsworth replied that was
correct. He further added that the reason is there is not sufficient enough room for landscaping and screening
between the facilities and the County road right-of-way.
Mr. Hollingsworth added that they would also like to address Condition 1.K which deals with parking. They
would like to request for curb stops to be taken out of the parking space requirement as it hinders the grading
and drainage and don't feel it is necessary in the Ag Zone. Don Carroll, Department of Public Works,
commented that he would like to see the curb stops retained up adjacent to the milking parlor and office area.
Mr. Carroll agreed that it isn't need out in the parking areas.
Commissioner Ochsner asked to explain if there was any public parking in front of any barns or buildings. Mr.
Hollingsworth replied that there is not as this is not a public facility and only authorized vehicles, sales or
employees will be parking here. Mr. Carroll stated that he has also asked that it be identified on the plat
drawing. Mr. Hollingsworth stated that they can label the parking more clear on the plat.
Commissioner Branham asked if Mr. Carroll was in agreement with the proposal for amending 1.K.10. Mr.
Carroll stated that he would like to see curb stops placed next to the buildings. Mr.Carroll commented that he
could remove the "each" at the beginning of the sentence and identify the two parking areas with the curb
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stops placed at both locations. Mr. Holligsworth commented that a simple answer may be that if signs could
be used to delineate parking on these fenced off areas already. Mr.Carroll recommends putting curb stops in
both locations adjacent to the fence.
Commissioner Ochsner commented that if it's a private parking lot and there is no public vehicles coming in,
he doesn't have a problem with a parking sign.
Commissioner Holton asked on 1.C on page 4 about the landscaping/screening plan in the County right-of-
way. Ms. Hippely commented that the applicant has not proposed any plan at this point. Mr.Ochsner asked if
that would satisfy staff if they come to you and say they don't want to put anything there. Ms. Hippely replied
that no, typically they like to see some mitigation of the visual impact and especially in these older dairies
where they come in for new permits we like to try and hold them to the same standards that we hold the new
dairies to. She added that she understands there may be some space issues there, but believes that is
something that perhaps can be investigated between now and the Board hearing and would prefer that the
language stays as it is for now. Mr. Carroll stated that they would not allow any planting or structures in the
County right-of-way.
Commissioner Ochsner moved that Condition of Approval#3 be changed from 30 days to 180 days,seconded
by Commissioner Ehrlich. Motion carried
Commissioner Holton moved to amend the three Development Standards according to staff
recommendations, seconded by Commissioner Branham. Motion carried.
Commissioner Ochsner moved to amend Prior to Recording Plat Condition G and remove Condition H,
seconded by Commissioner Lawley. Motion carried.
Commissioner Branham moved to amend 1.K.10 with the paragraph starting "each parking space" be
changed to indicate two parking areas and identify the two parking areas with the curb stops placed at both
locations, seconded by Commissioner Ehrlich. Motion carried with the only opposing vote from Commissioner
Ochsner.
The Chair asked if applicant is in agreement of the amended Conditions of Approval and Development
Standards. Mr. Hollingsworth replied yes.
Commissioner Ochsner moved that Case AmUSR-1133,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. Commissioner Holton seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Paul
Branham, yes; Erich Ehrlich, yes; Tom Holton, yes ; Mark Lawley, yes; Doug Ochsner, yes; Chad Auer,yes.
Motion carried unanimously.
Meeting adjourned at 3:11 p.m.
Respectfully submitted
Kristine Ranslem
Secretary
9
- 0-7
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 Hippelx
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
Hello