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HomeMy WebLinkAbout20060927.tiff INVENTORY OF ITEMS FOR CONSIDERATION Applicant: Cozy Cow Dairy LLC Cast Number: USR-1543 USR for a Guest Farm (educational programming, restaurant, gift shop) & 200-Head Dairy Submitted or Prepared: Prior to At Hearing Hearing N Department of Planning Services Field Check Form X • I Staff Comments X • 2 Legal Notifications X a Affidavit of sign posting X 3 Application X 4 Maps& Plans X • 5 Deed X N 6 Surrounding Property Owners' Letters&Surrounding Property Owners X "' 7 Utilities X • 8 Referrals Without Comments X Colorado Division of Wildlife, received 1/30/06 X Larimer County, received 1/11/06 X 9 Referrals With Comments X Weld County Department of Health and Environment, referral received 2/6/06 X Weld County Department of Public Works, referral received 1/20/06 X Weld County Building Inspection, referral received 2/13/06 X ' Weld County Zoning Compliance, referral received 1/4/06 X West Greeley Soil Conservation District, received 1/12/06 X City of Greeley, received 1/30/06 X J Town of Windsor, received 2/8/06 X Windsor/Severance Fire Protection District, received 1/23/06 X • 10 Soil Survey X \I 11 Dust Abatement,Waste Handling, &Manure&Wastewater Management Plans X • /.2 i11.,,k„,, t...,rw , LW,r I `y„iji, ,l, ct:1iE j-/e. U X. I hereby certify that the twenty-three items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commissioners hearing. ------M A 4-- 343 /0 Y' Brad Mueller,Planning Services = EXHIBIT \' 2006-0927 Use *1543 n W�`IDC• LANDSUMMARY S ION SHEET COLORADO Case Number: USR-1543 Planner: Brad Mueller Hearing Date: March 7, 2006 Applicant: Cozy Cow Dairy LLC Representative: Lauren Light do Les & Sherrill Hardesty AG and LANDPROfessionals, LLC 28607 WCR 17 4350 Highway 66 Windsor, CO 80550 Longmont, CO 80504 Request: A Site Specific Development Plan and Special Use Permit for a Guest Farm (educational programming, restaurant, gift shop) and 200-Head Dairy located in the A (Agricultural) Zone District. Legal Description: Part of NE4 of Section 8, Township 5 North, Range 67 West of the 6th P.M., Weld County, Colorado. Location: West of and immediately adjacent to CR 17, one-half mile north of Highway 34. Size of Parcel: 10.22 +/-acres ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code. The Department of Planning Services' staff has received responses from the following agencies: • Weld County Department of Public Health and Environment, referral received 2/6/06 • Weld County Department of Public Works, received 1/20/06 • Weld County Department of Building Inspection, received 2/13/06 • Weld County Zoning Compliance, received 1/4/06 • Colorado Division of Wildlife, received 1/30/06 • West Greeley Soil Conservation District, received 1/12/06 • City of Greeley, received 1/30/06 • Town of Windsor, received 2/8/06 • Larimer County, received 1/11/06 • Windsor/Severance Fire Protection District, received 1/23/06 USR-1543 Cozy Cow Dairy LLC Page 1 EXHIBIT 44)Ctvi SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW WUDc. COLORADO Case Number: USR-1543 Planner: Brad Mueller Hearing Date: March 7, 2006 Applicant: Cozy Cow Dairy LLC Representative: Lauren Light c/o Les & Sherrill Hardesty AG and LANDPROfessionals, LLC 28607 WCR 17 4350 Highway 66 Windsor, CO 80550 Longmont, CO 80504 Request: A Site Specific Development Plan and Special Use Permit for a Guest Farm (educational programming, restaurant, gift shop) and 200-Head Dairy located in the A (Agricultural)Zone District. Legal Description: Part of NE4 of Section 8, Township 5 North, Range 67 West of the 6th P.M., Weld County, Colorado. Location: West of and immediately adjacent to CR 17, one-half mile north of Highway 34. Size of Parcel: 10.22 +/-acres Parcel Number: 0957 08 000044 THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. 2. The request complies with Section 23-2-220.A.1 of the Weld County Code, that the proposal is consistent with Chapter 22 of[the]Code and any other applicable code provisions or ordinance in effect. Some relevant sections included the following: A. Section 22-2-60.A (A.Policy 1.1) —Agricultural zoning will be established and maintained and promote the Country's agricultural industry. Agricultural zoning is intended to provide areas for agricultural activities and other uses interdependent upon agriculture. The proposed guest farm is intended to serve both as a traditional dairy, but also as an educational facility designed to preserve knowledge of the agricultural community in an otherwise urbanizing area. B. Section 22-2-60.A (A.Policy 1.2) — The County should support the development of creative policies to conserve agricultural land, including preservation techniques and prioritizing incentives. Use of the site as a guest farm represents a creative business plan to provide USR-1543 Cozy Cow Dairy LLC Page 2 r supplemental income in such a way that may allow this relatively small farm site to remain economically viable, when it otherwise might not be. 3. Section 23-2-220.A.2-- The proposal is consistent with the intent of the district in which the use is located. The subject property is zoned Agricultural. The proposed use is as a guest farm, where visitors can come to understand the operation of a modern dairy farm. The facility will provide educational opportunities by providing tours and observation areas of milk production and milk processing. Typical tours last one hour and consist of watching milking, viewing the processing center, and petting calves. Groups may be small or as large as several bus-loads; the maximum projected use for a day is 400 people. Section 23-3-40.C.5 of the Weld County Code indicates "guest farms" as a Use by Special Review in the Agricultural Zone District. Other elements of the operation include a restaurant and a gift shop; both of these are further allowed as Uses by Special Review in accordance with Section 23-3-40.R, which allows "any use permitted . . . in the Commercial or Industrial Zone District" Within Section 23-3-220 ("C-2 General Commercial"), Subsection B.2 identifies "stores" as an allowed use, and Subsection B.3 allows for"restaurants." Both the store and restaurant uses are located within existing facilities. The store is a small retail site offering packaged produce and farm-themed merchandise, and the restaurant is a snack shop offering ice cream, milk, cheese, and snack items. "Restaurant" is defined in Section 23-1- 90 of the Weld Code as any establishment that furnishes food and drink for compensation. The dairy currently operates as a legal Nonconforming Use ("NCU 347") for 200 head of cattle. Existing regulations require dairies to operate as Uses by Special Review. However, an NCU was established in 2001 after determining that the dairy had been in operation since 1970, prior to USR requirements. The current request as a guest farm and dairy represents a substitution of the non-conforming use as defined by Section 23-7-30 of the Weld Code. It states: "A nonconforming use may as a Use by Special Review be changed to another use which does not conform to the uses allowed in the zoning district. . . ." In this case, the NCU for a dairy is being changed to a USR for a dairy, thereby bringing the site into conformance with the current Weld County Code. Milking, feeding, and raising of livestock would continue. 4. Section 23-2-220.A.3 -- The uses which would be permitted will be compatible with the existing surrounding land uses. Surrounding uses include agriculture and associated housing and support facilities. Zoning and specific uses surrounding the site include the following: North: Agricultural Zone District—rural residence; rural subdivision (Windsong Ranch) West: Agricultural Zone District—landscaping business (Timberrock Landscaping) South: Town of Windsor, PUD Zone District with Commercial—future autoplex East: City of Greeley, Holding Agricultural Zone—agricultural grazing, vacant The proposed use of the property as a guest farm is compatible with both the current agricultural uses in the area, as well as the emerging retail environment. As a small farm, the retail uses will benefit from the emerging population, while the area will benefit from maintaining agricultural culture at the town edges of both Windsor and Greeley. Windsor, in its comments, notes that the site lies within the Town's Growth Management Area (GMA) in an area targeted for residential use. As such, typical urban-rural conflicts may emerge in the future. However, the Town notes that this use has existed since the 1970's, and, because central services cannot currently be provided economically to the site, the continued use as a dairy is appropriate. 5. 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 USR-1543 Cozy Cow Dairy LLC Page 3 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 proposed use is compatible with the area as discussed above. The subject property is surrounded on three sides by the Town of Windsor and the City of Greeley but does not lie within either jurisdictions' Urban Growth Boundary. The County does not currently maintain an Intergovernmental Agreement ("IGA") with either municipality, but the subject property does lie within the three-mile referral area for each. The City of Greeley notes that signs should be placed outside the right-of-way and suggests that the access drives and parking area be paved; Weld County Public Works has determined that gravel surfacing meets County regulations. The Town of Windsor requests dedication of additional right-of-way for a standard of 65' from centerline, as well as an annexation agreement. Public Works notes that WCR 17 adjacent to the site has been annexed. A proposed condition of approval would require indicating "future right-of-way'of 65' on the USR plan map. 6. Section 23-2-220.A.5 -- The application complies with Article V of this Chapter[Overlay Districts] of the Weld County Code. The site does not lie within any Overlay Districts. 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) 7. Section 23-2-220.A.6 — That if the use is proposed to be located in the A (Agricultural) Zone District, the applicant has demonstrated a diligent effort has been made to conserve prime farmland. According to the West Greeley Soil Conservation District, a small portion of the site is located on prime(irrigated)farmland with existing structures. 8. Section 23-2-220.A.7 — Them is adequate provision for protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County. The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250, Weld County Code), proposed Conditions of Approval, and Development Standards will ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. THE DEPARTMENT OF PLANNING SERVICES STAFF'S RECOMMENDATION FOR APPROVAL IS MADE CONDITIONAL UPON THE FOLLOWING: 1. Prior to scheduling the Board of County Commissioners hearing: A. The applicant has not indicated any lighting on the site. If lighting is proposed or existing on site it shall be noted on the Site Plan. The applicant shall adhere to the lighting standards, in accordance with Section 23-2-160.U.6 and Section 23-3-250.B.6 of the Weld County Code. (Department of Planning Services) B. The applicant has not delineated any on-site signs. If an on-site sign is desired, the sign shall adhere to Section 23-4-90 of the Weld County Code. One identification sign per public and quasi-public uses shall be allowed, provided that the sign does not exceed thirty-two (32) square feet. Further, the location of the sign, if applicable, shall be delineated on the Plan Map. (Department of Planning Services) USR-1543 Cozy Cow Dairy LLC Page 4 2. Prior to recording the Special Review Permit Plan Map, the following shall be addressed, with evidence of completion provided to the Department of Planning Services: A. Dust abatement, fly control, odor control, and pest control plans shall be submitted to the Weld County Department of Public Health and Environment for review and approval. (Department of Public Health and Environment) B. The existing septic system serving the facility is designed for 105 persons (permit # SP- 0300236). The application materials indicate that at full build-out approximately 400 people may visit the facility over a 12 hour period. In addition, the application materials indicate that four to five full-time employees and various other part-time and contractual employees are anticipated, depending on usage of the facility. Therefore, the existing septic system shall be reviewed by a Colorado Registered Professional Engineer. The review shall consist of observation of the system and a technical review describing the systems ability to handle the proposed hydraulic load. The review shall be submitted to the Environmental Health Services Division of the Weld County Department of Public Health and Environment. In the event the system is found to be inadequately sized or constructed the system shall be brought into compliance with current Regulations. Note: In the event the septic system(s) requires a design capacity of over 2,000 gallons of sewage per day the applicants shall provide evidence that all requirements of the Water Quality Control Division of the Colorado Department of Public Health and Environment (specifically Policies WQSA-6 and WQSA-8 ) have been satisfied. (Department of Public Health and Environment) C. The applicant shall submit evidence of an Underground Injection Control (UIC) Class V Injection Well permit from the Environmental Protection Agency (EPA) for any large-capacity septic system (a septic system with the capacity to serve 20 or more persons per day). Alternately, the applicant can provide evidence from the EPA that they are not subject to the EPA Class V requirements. (Department of Public Health and Environment) D. In accordance with the Underground and Above Ground Storage Tank Regulations (7 CCR 1101-14) a spillage retention berm shall be constructed around the tank battery. The volume retained by the spillage berm should be greater than the volume of the largest tank inside the berm. Alternative protective measures may be allowed provided they comply with the Above Ground Storage Tank Regulations. (Department of Public Health and Environment) E. The applicant shall submit a waste handling plan, for approval, to the Environmental Health Services Division of the Weld County Department of Public Health & Environment. The plan shall include at a minimum,the following: 1) A list of wastes which are expected to be generated on site (this should include expected volumes and types of waste generated). 2) A list of the type and volume of chemicals expected to be stored on site. 3) The waste handler and facility where the waste will be disposed (including the facility name, address, and phone number). F. The applicant shall provide written evidence to the Department of Planning Services from the Town of Windsor that an attempt has been made to address the items noted in their referral of February 3, 2006. (Town of Windsor) G. The applicant shall provide written evidence to the Department of Planning Services from the USR-1543 Cozy Cow Dairy LLC Page 5 City of Greeley that an attempt has been made to address the items noted in their referral of January 27, 2006. (City of Greeley) H. The Special Review Permit Plan Map shall be amended as follows: 1) All sheets of the plan map shall be labeled USR-1543. (Department of Planning Services) 2) The plan map shall meet all requirements as listed in Section 23-2-260.D of the Weld County Code. (Department of Planning Services) 3) The plan map shall be modified to include the attached Development Standards. (Department of Planning Services) 4) Section 23-3-250.A.6 of the Weld County Code addresses the issue of trash collection areas. Areas used for storage or trash collection shall be screened from adjacent public rights-of-way and adjacent properties. These areas shall be designed and used in a manner that will prevent wind or animal scattered trash. (Department of Planning Services) 5) Evidence of an easement for the secondary access from the private lane directly north of the Cozy Cow Dairy facility shall be provided, with the Recording Number noted on the plan map. (Department of Planning Services) 6) The applicant needs to place on the plat drawing adequate parking and circulation to accommodate personal vehicles, tour buses, and school buses. Rework the plat drawing to identify parking and circulation locations. Adequate turning radiuses and circulation is required on site to accommodate school buses and tour buses to negotiate loading, unloading and parking on site. One acre will accommodate approximately 100 vehicles. Buses will require additional space for parking and maneuverability. 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. The parking lot shall conform to all standards of the ADA. (Department of Public Works) 7) Revise the plan map to place a stop sign at the entrance for safety purposes at the approach to CR 17. (Department of Public Works) 8) Revise the plan map to indicate 65' from the centerline of County Road 17 as "future right-of-way." (Town of Windsor) I. The applicant shall submit two (2) paper copies of the plan map for preliminary approval to the Weld County Department of Planning Services, prior to recordation. (Department of Planning Services) 3. Upon completion of Items #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 plan map shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within thirty (30) days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) 4. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat USR-1543 Cozy Cow Dairy LLC Page 6 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. (Department of Planning Services) 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 maos(a)co.weld.co.us. (Department of Planning Services) USR-1543 Cozy Cow Dairy LLC Page 7 r SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Cozy Cow Dairy LLC USR-1543 1. The Site Specific Development Plan and Special Use Permit is for a Guest Farm (educational programming, restaurant, gift shop) and 200-Head Dairy located 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 hours of operation for the guest farm component of the use shall be limited to 6 a.m. to 9 p.m., seven days a week. The dairy production facility shall operate at all times. (Department of Planning Services) 4. No more than twelve (12) employees are to be on site, exclusive of the resident employee and his/her family. No more than 400 visitors may be allowed on any given day. (Department of Planning Services) 5. Landscaping and screening on the site shall be maintained in conformance with the Special Review Permit Plan Map at all times. (Department of Planning Services) 6. Should noxious weeds exist on the property or become established as a result of the proposed development the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II of the Weld County Code. (Department of Planning Services) 7. 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) 8. 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. (Department of Public Health and Environment) 9. The facility shall maintain compliance with the Confined Animal Feeding Operation Regulations (5 CCR 1002-19). (Department of Public Health and Environment) 10. Animal and feed wastes, bedding, debris and other organic wastes shall be disposed of so that vermin infestation, odors, disease hazards, and nuisances are minimized. (Department of Public Health and Environment) 11. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended)shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) USR-1543 Cozy Cow Dairy LLC Page 8 12. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health and Environment) 13. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. (Department of Public Health and Environment) 14. The facility shall operate in accordance with the control measures described in the Comprehensive Manure and Wastewater Management Plan, dated September of 2005. (Department of Public Health and Environment) 15. The applicant shall operate in accordance with the approved "waste handling plan". (Department of Public Health and Environment) 16. The facility shall not discharge run-off or other waste waters to surface or groundwater with exception to what is allowed by the Confined Animal Feeding Operations Control Regulations. (Department of Public Health and Environment) 17. The facility shall be operated in accordance with the approved odor abatement plan. Odors detected off site shall not equal or exceed the level of fifteen-to-one dilution threshold, as measured pursuant to 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 judgement of the Weld County Health Officer, there exists an odor condition requiring abatement. (Department of Public Health and Environment) 18. The facility shall be operated in a manner to control flies. The facility shall be operated in accordance, at all times, with the approved fly control plan. 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. The plan 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 judgement of the Weld County Health Officer, there exists a fly condition requiring abatement. (Department of Public Health and Environment) 19. The facility shall be operated in a manner to control pests. The facility shall be operated in accordance, at all times, with the approved pest control plan. 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) 20. The applicant shall comply with all provisions of the Underground and Above Ground Storage Tank Regulations (7 CCR 1101-14). (Department of Public Health and Environment) 21. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be operated in accordance with the approved dust abatement plan at all times. (Department of Public Health and Environment) 22. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as delineated in 25-12-103 C.R.S., as amended. (Department of Public Health and USR-1543 Cozy Cow Dairy LLC Page 9 Environment) 23. A handwash station, with soap and paper towels, shall be set-up in close proximity to the petting area and shall be available for use by the public at all times. In addition, signs shall be posted to inform patrons of the importance of handwashing after petting the animals. (Department of Public Health and Environment) 24. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the facility. (Department of Public Health and Environment) 25. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems. (Department of Public Health and Environment) 26. A permanent, adequate water supply shall be provided for drinking and sanitary purposes (City of Greeley). (Department of Public Health and Environment) 27. All potentially hazardous chemicals must be stored and handled in a safe manner in accordance with product labeling and in a manner that minimizes the release of hazardous air pollutants (HAP's) and volatile organic compounds (VOC's). (Department of Public Health and Environment) 28. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Department of Public Health & Environment, Water Quality Control Division. (Department of Public Health and Environment) 29. The applicant shall comply with Colorado Retail Food Establishment Rules and Regulations governing the regulation of food service establishments. (Department of Public Health and Environment) 30. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) 31. A building permit shall be obtained prior to the construction of any new building. (Department of Building Inspections) 32. A plan review is required for each building for which a building permit is required. Plans shall include a floor plan. Plans shall bear the wet stamp of a Colorado registered architect or engineer. Two complete sets of plans are required when applying for each permit. Include a Code Analysis Data sheet provided by the Weld County Building Department with each Building permit application. Building plans shall also be submitted to Windsor— Severance Fire Protection District. (Department of Building Inspections) 33. Buildings shall conform to the requirements of the various codes adopted at the time of permit application. Currently the following has been adopted by Weld County: 2003 International Building Code; 2003 International Mechanical Code; 2003 International Plumbing Code; 2003 International Fuel Gas Code; and the 2002 National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspections) 34. The buildings will probably be classified as follows: M (store) and A-3 (Assembly areas and Educational center). All buildings used by the public, including the bathrooms shall be accessible to persons with disabilities. Plans should include detailed drawings showing the exiting and how accessibility will be maintained through out the facility. Fire resistance of walls and openings, construction requirements, maximum building height and allowable areas will be reviewed at the USR-1543 Cozy Cow Dairy LLC Page 10 plan review. Distances between buildings are not shown on the referral drawings. Setback and offset distances shall be determined by the Zoning Ordinance. (Department of Building Inspections) 35. Building height shall be measured in accordance with the 2003 International Building Code for the purpose of determining the maximum building size and height for various uses and types of construction and to determine compliance with the Bulk Requirements from Chapter 23 of the Weld County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County Code in order to determine compliance with offset and setback requirements. When measuring buildings to determine offset and setback requirements, buildings are measured to the farthest projection from the building. Property lines shall be clearly identified and all property pins shall be staked prior to the first site inspection. (Department of Building Inspections) 36. The main access to the facility serves the existing dairy and office facilities. There is a secondary access from the private lane directly north of the Cozy Cow Dairy facility. This private lane is shared by the adjacent property owners and is privately maintained. (Department of Public Works) 37. There shall be no staging or parking on CR 17 or the private lane easement. Utilize on-site parking only. (Department of Public Works) 38. Off-site parking spaces including the access drive shall be surfaced with gravel, asphalt, concrete, or the equivalent and shall be graded to prevent drainage problems. If the restaurant component is approved, a paved parking slab with Americans with Disability Act (ADA) specification standards for the spaces shall be required. The number of customer seating will determine the parking lot spaces required for the restaurant. (Department of Public Works) 39. This is an active dairy with a comprehensive manure and waste water management plan in place. The 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. The applicant must take into consideration storm water capture/quantity and provide accordingly for best management practices. (Department of Public Works) 40. 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) 41. 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) 42. 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) (Department of Planning Services) 43. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code (as amended). (Department of Planning Services) 44. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250,Weld County Code (as amended). (Department of Planning Services) 45. Personnel from Weld County Government shall be granted access onto the property at any USR-1543 Cozy Cow Dairy LLC Page 11 r 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) 46. 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) 47. 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) USR-1543 Cozy Cow Dairy LLC Page 12 6 DEPARTMENT OF PLANNING SERVICES 7""*" 64) NORTH OFFICE 918 10TH Street GREELEY, CO 80631 PHONE: (970) 353-6100, Ext. 3540 IFAX: (970) 304-6498 SOUTHWEST OFFICE 4209 CR 24.5 COLORADO LONGMONT, CO 80504 PHONE: (720) 652-4210, Ext. 8730 FAX: (720) 652-4211 January 3, 2006 Cozy Cow Dairy c/o Lauren Light 4350 Hwy 66 Longmont CO 80504 Subject: USR-1543- Request for a Site Specific Development Plan & Special Review Permit for a Guest Farm (educational programming,restaurant,gift shop)located in the A(Agricultural)Zone District on a parcel of land described as Part NE4 of Section 8,T5N, R67W of the 6th P.M.,Weld County, Colorado. Dear Applicant: Your application and related materials for the request described above are being processed. I have scheduled a meeting with the Weld County Planning Commission for March 7,2006,at 1:30 p.m. This meeting will take place in the Hearing Room, Weld County Planning Department, 918 10'h Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members may have. It is the applicant's responsibility to comply with state statutes regarding notice to mineral estate owners. Colorado Revised Statute, C.R.S.24-65.5-103(adopted as part of H.B.01-1088)requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant shall provide the Weld County Planning Department with written certification indicating the above requirements have been met. It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property or if the property is located within the comprehensive planning area of a town or municipality. Therefore,our office has forwarded a copy of the submitted materials to the Greeley and Windsor Planning Commission for their review and comments. Please call Greeley at 970-350-9780 and Windsor at 970-686-7476 for further details regarding the date, time,and place of this meeting. It is recommended that you and/or a representative be in attendance at the Greeley and Windsor Planning Commission meeting to answer any questions the Commission members may have with respect to your application. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The Department of Planning Services'staff will make a recommendation concerning this application to the Weld County Planning Commission. This recommendation will be available twenty-four(24)hours before the scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services'office before the Planning Commission hearing to make arrangements to obtain the recommendation. If you have any questions concerning this matter, please call. Respectfully, Brad Mueller Planner PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS February 23, 2006. THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I $-r2"-a c P/1'IC c 'C - , HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE COUNTY COMMISSIONERS HEARING FOR USR-1543, AN APPLICATION FOR A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR A GUEST FARM (EDUCATIONAL PROGRAMMING, RESTAURANT, GIFT SHOP) AND DAIRY IN THE "A" (AGRICULTURAL) ZONE DISTRICT. ¶YID ML, ec _ '-7 Name of Person AZ--,_, Sign ) /��"_" Signature of Person Posting Sign STATE OF COLORADO ) )ss. COUNTY OF WELD ) in The foregoing instrument was subscribed and sworn to me this J I day of Feb 4 , 200t! WITNESS my hand and official seal. 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Agra lea `-f— W ,q W 1 Lc Y rx+o I. s <_ ,. ---(-h Comments: �{' 7 \ V/ I /yt� t ,',-: if -. - .44 Signature • House(s) o Derelict Vehicles • Outbuilding(s) o Non-commercial junkyard (list components) $ Access to Property o Irrigation Sprinkler o Crop Productions— M o Crops • Site Distance - /-I u-s- To 1./ o Wetlands o Mobile Home(s) o Oil & Gas Structures Other Animals On-Site 60A-r o Wildlife Water Bodies re-too6-r.ea-J re,.ior ❑ Utilities On-Site (transmission lines) o Ditch o Topography Note any commercial business/commercial vehicles that are operating from the site. Hello