HomeMy WebLinkAbout20063459.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: 2AmUSR-1282
APPLICANT: John Johnson
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Lot B of AmRE-499; Lot B of RE-3535; Pt N2 and Pt N2SW4 of Section 1,T6N,
R65W of the 6th P.M.,Weld County, Colorado.
REQUEST: A Site Specific Development Plan and Amended 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 livestock feeding operation for a total of
11.240 head of cattle including a dairy operation and 20 horsed amended to
include an additional milk parlor, offce/.scale house and additional pens) in the A
(Agricultural)Zone District.
LOCATION: East of and adjacent to CR 47;south of and adjacent to CR 74.
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 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.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." There is an existing dairy currently
operating at the site. The proposed amendment is to include an additional milk
parlor(one presently exists on site), an office/scale house and additional pens.
The proposed amendment will expand the boundaries of the USR from a total of
136.6 acres to 201.79 acres. The additional proposed acreage will include a
calving operation (calving huts) at the western end (adjacent to County Road 47)
and a manure storage area (compost area)at the eastern end. The total number
of cows associated with the operation will not increase, however, this proposed
permit amendment will not limit the number of dairy cows to 2,000 total (as no
limit is proposed)as originally approved under AMUSR-1282.
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 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 site is agricultural in character with
existing residences located in close proximity to the east and south of the site.
There are three existing residences located within 500-feet east of the site
(across the Greeley No. 2 Canal), there are also two existing residences located
adjacent to and across the street from the feed storage area and composting
area for the dairy. There is another existing residence located a..roximately
r. P. 2006-3459
Resolution 2AmUSR-1282
John Johnson
Page 2
118th of a mile to the south of the operation. Feed storage areas and manure
storage (compost) areas have expanded approximately 1,200 feet to the south
since AMUSR-1282 was approved in 2003. Although the number of cows
associated with the operation has not increased, the number of employees
associated with the business has increased substantially from a total of nineteen
(19) employees originally approved under AMUSR-1282 to a total of one-
hundred (100)employees proposed for the dairy operation under this application.
The applicant is required to submit a Landscape and Screening Plan
demonstrating how they have mitigated the impact to the neighboring residences.
The applicant will be required to adhere to specific Development Standards
imposed by the County as well as Confined Animal Feeding Operation (CAFO)
regulations. This will ensure the facility is operating in compliance with numerous
conditions which would not be required for a facility operating as a use-by-right.
Conditions of Approval and Development Standards will ensure that the
operation is 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 site is not located within
the three-mile referral area of any municipalities.
e. Section 23-2-220.A.5--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 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)
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 majority of the site is designated "Prime"with a portion of the site designated
as "irrigated non-prime" according to the U.S.D.A. Soil Conservation Map, dated
1979. Dairy facilities are considered an agricultural related use.
g. 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.
1. Prior to recording the plat:
A. Each sheet of the plat shall be labeled 2id AMUSR-1282. (Department of
Planning Services)
Resolution 2AmUSR-1282
John Johnson
Page 3
B. The applicant shall provide both the Weld County Department of Public Works
and the Department of Planning Services with a detailed access, site circulation,
loading, and parking plan for review and approval. Written evidence of the
Department of Public Works approval shall be submitted to the Department of
Planning Services. (Department of Planning Services)
C. The applicant shall submit a Landscape Plan/Screening Plan to the Department
of Planning Services for review and approval. The applicant shall place "plant
material" or other acceptable screening material to mitigate the impacts of the
facility from adjacent properties to the south and west of the site. Further, the
applicant shall adhere to all landscape requirements of Section 23-3-350.G.1 and
Section 23-3-350.G.2 of the Weld County Code. Upon approval, the Landscape
Plan shall be placed on the plat. (Department of Planning Services)
D. 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)
E. The applicant shall work with the Weld County Department of Public Works to
minimize access points that are not crucial to the operation. Any access points
not required shall be removed and not be indicated on the plat. Written evidence
of such shall be provided to the Department of Planning Services. (Department of
Public Works)
F. 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 landscaping 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)
G. The applicant shall enter into a Road Maintenance and Improvements agreement
with the Weld County Public Works Department for applying a dust suppressant
chemical on County Road 47 adjacent to the USR. (Department of Public Works)
H. The applicant has not delineated any on-site sign(s). If on-site sign(s)are
desired the signs shall adhere to Article IV Division 2 of the Weld County Code
as it related to signs in the A(Agricultural)Zone District. Further, the location of
the sign, if applicable shall be delineated on the USR plat. (Department of
Planning Services)
The applicant shall 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)]. (Department of Public
Health)
J. 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
Resolution 2AmUSR-1282
John Johnson
Page 4
Water Quality Control Commission Regulation Number 81 [81.5 (3)]. Written
evidence of approval shall be provided to the Departments of Planning Services
and Health. (Department of Public Health)
K. The existing residence and metal shed in the northwest corner of the property
are located within the proposed future right-of-way for County Road 47. The
applicant shall submit a non-conforming structure application to the Department
of Planning Services for review and approval. (Department of Planning Services)
L. 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)
M. The plat shall be amended to delineate the following:
1. The attached Development Standards. (Department of Planning
Services)
2. County Roads 47 and 74 are designated on the Weld County Road
Classification Plan as major arterial roads, which require 140 feet of
right-of-way at full build out (70-feet from the centerline of County Road
47 and 74). 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. These roads are maintained by Weld
County. (Department of Public Works)
3. 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. This site will be required to meet all requirements of the
Americans with Disabilities Act. 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)
4. The approved parking and circulation plan. (Department of Planning
Services)
5. The approved lighting plan, if applicable. (Department of Planning
Services)
6. The approved landscape/screening plan. (Department of Planning
Services)
Resolution 2AmUSR-1282
John Johnson
Page 5
7. Any approved signs, if applicable. (Department of Planning Services)
8. The plat shall be prepared in accordance with Section 23-2-260.D of the
Weld County Code. (Department of Planning Services)
M. 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 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)
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 including the milk parlor or the office/scale house. (Department of
Building Inspection)
5. 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
(Johnson) JF Cattle
2nd AMUSR-1282
1. The Site Specific Development Plan and Special Use Permit is 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 livestock feeding operation for a total of 11,240 head of cattle including a
dairy operation and 20 horses amended to include an additional milk parlor, office/scale
house and additional pens) 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. 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 off-street parking spaces including access drive shall be surfaced with gravel,
asphalt, concrete or the equivalent and shall be graded to prevent drainage problems.
Each space shall be equipped with wheel guards or curb stops where needed to prevent
vehicles from extending beyond the boundaries of the space and coming into contact with
other vehicles, walls, fences, or plantings. (Department of Public Works)
6. Dust suppressant chemical shall be applied to County Road 47 no less than twice a year
or more often as determined by the Weld County Public Works Motor Grader Supervisor.
(Department of Public Works)
7. The operation shall be limited to a total of one-hundred (100) employees as stated in the
application materials. (Department of Planning Services)
8. Semi tractor-trailers picking up milk shall be limited to 15 per 24-hour period and semi-
trailer commodity trucks (feed/compost) shall be limited to 15 per day from 7:00 A.M, to
5:00 P.M. as stated in the application materials. (Department of Planning Services)
9. The hours of operation in the milking parlors and related facilities will be 24 hours a day,
365 days a year. Equipment operations, trucks, farming activities and maintenance
activities other than emergencies will occur primarily during daylight hours as stated in
the application. (Department of Planning Services)
10. The facility shall operate in compliance with Colorado Water Quality Control Commission
Regulation Number 81. (Department of Public Health & 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, except as provided in the
facilities CAFO Colorado Discharge Permit. (Department of Public Health & Environment)
12. The facility shall comply with the Notice of Violation/Cease & Desist Order/Clean-up
Order Number CO-051014-1 (dated October 14, 2005) and any subsequent orders
Resolution 2AmUSR-1282
John Johnson
Page 2
issued by the Colorado Department of Public Health & Environment. (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.
(Department of Public Health & 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
& 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 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 & 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. An individual sewage disposal system (I.S.D.S.) is required for the proposed facility and
must be designed by a Colorado Registered Professional Engineer and in accordance
with Weld County Individual Sewage Disposal Regulations. Any I.S.D.S. on the property
Resolution 2AmUSR-1282
John Johnson
Page 3
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)
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. The milk parlor will required an engineered foundation based on a site-specific
geotechnical report or an open hole inspection performed by a Colorado registered
engineer. Engineered foundations shall be designed by a Colorado registered engineer.
(Department of Building Inspection)
28. 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, 2002 National Electrical Code and Chapter 29 of the Weld County Code.
(Department of Building Inspection)
29. A separate building permit shall be obtained prior to construction of any building.
(Department of Building Inspection)
30. In the event that 5 or more acres are disturbed during the construction and development
of this site, the applicant shall obtain a storm water discharge permit from the Water
Quality Control Division of the Colorado Department of Public Health and Environment.
(Department of Public Health and Environment)
31. 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)
Resolution 2AmUSR-1282
John Johnson
Page 4
32. 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)
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. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
35. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
36. 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.
37. 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.
38. The operation shall comply with all applicable rules and regulations of the State and
Federal agencies and the Weld County Code.
39. 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.
40. The Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes
from the plans or Development Standards as shown or stated shall require the approval
of an amendment of the Permit by the Weld County Board of County Commissioners
before such changes from the plans or Development Standards are permitted. Any other
changes shall be filed in the office of the Department of Planning Services.
41. The property owner or operator shall be responsible for complying with all of the
foregoing Development Standards. Noncompliance with any of the foregoing
Development Standards may be reason for revocation of the Permit by the Board of
County Commissioners.
Motion seconded by Tom Holton
Resolution 2AmUSR-1282
John Johnson
Page 5
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, Voneen Macklin, 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 December 5, 2006.
Dated the 5th of December, 2006.
l l S I �� �L 1(_4
Voneen Macklin
Secretary
i2 -s- ,w
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, December 5, 2006
A regular meeting of the Weld County Planning Commission was held in the Weld County Department of
Planning Services, Hearing Room, 918 100)Street, Greeley, Colorado. The meeting was called to order by
Chair, Chad Auer, at 1:30 p.m.
ROLL CALL
Erich Ehrlich
Roy Spitzer
James Welch
Bruce Fitzgerald
Chad Auer
Doug Ochsner
Tom Holton
Paul Branham
Mark Lawley
Also Present:
The summary of the last regular meeting of the Weld County Planning Commission held on, November 21,
and November 7, 2006, was approved as read.
The following is on the Consent Agenda:
CASE NUMBER: USR-1584
APPLICANT: Garrand Family Limited Partnership LLLP
PLANNER: Brad Mueller
LEGAL DESCRIPTION: SW4 of Section 18, T5N, 67W of the 6th P.M., Weld County, Colorado.
REQUEST: A Site Specific Development Plan and Special Use Permit for any use permitted
as a Use by Right, an Accessory Use or a Use by Special Review in the Industrial
Zone District(construction business with two shop buildings, an office and
outdoor storage) in the A(Agricultural)Zone District
LOCATION: East of and adjacent to CR 13; '/ mile south of Hwy 34.
Doug Ochsner moved to approve the consent agenda. Bruce Fitzgerald seconded. Motion carried.
CASE NUMBER: 2AmUSR-1282
APPLICANT: John Johnson
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Lot B of AmRE-499; Lot B of RE-3535; Pt N2 and Pt N2SW4 of Section 1, T6N,
R65W of the 6th P.M., Weld County, Colorado.
REQUEST: A Site Specific Development Plan and Amended 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 livestock feeding operation for a total of
11.240 head of cattle including a dairy operation and 20 horsed amended to
include an additional milk parlor. office/.scale house and additional pens)in the A
(Agricultural)Zone District.
LOCATION: East of and adjacent to CR 47; south of and adjacent to CR 74.
Chris Gathman, Department of Planning Services p presented Case 2AmUSR-1282 along with th-
Development Standards and Conditions of Approval with the Planning Commission recommendation o
approval. John Johnson-JF Cattle C/O AGPRO Environmental Services, LLC has applied for a Site Spec.
Development Plan and a Special Review Permit for a Livestock Confinement Operation (A Site Specifi.
Development Plan and Amended Special Review Permit for an Agricultural Service Establishment primaril
engaged in performing agricultural, animal husbandry. or horticultural services on a fee or contract basis
including Livestock Confinement Operations(a livestock feeding operation for a total of 11.240 head of cattle
including a dairy operation and 20 horses amended to include an additional milk parlor. office/.scale house,
additional pens and removing the limit of 2,000 dairy cattle(out of the 11,240 head total)associated with the
operation) in the A(Agricultural)Zone District) in the A(Agricultural)Zone district.
The site is located south of and adjacent to Weld County Road 74, east of and adjacent to Weld County
Road 47. Properties to the north consist of cropland and an existing feedlot(Booth feedlot). An existing
single family residence along with cropland is located to the west. Three single family residences and a
large ditch are located to the east of the site (adjacent to the existing dairy operations). Cropland and two
single-family residences are located to the south and immediately adjacent to the proposed USR. The site
slopes from west to east with the existing and proposed lagoons located along the eastern boundary of
the property. Twelve referral agencies reviewed this case; nine referral agencies responded favorably or
included conditions that have been addressed through development standards and conditions of approval.
A special use permit(AMUSR 1282)was approved on this site in the year 2003 for a livestock feeding
operation for a total of 11,240 head of cattle and 20 horses (a limit of 2,000 dairy cattle out of the overall
total was also a part of this approval). This facility will remain on the site. The applicants are not
requesting any additional head of cattle associated with the operation but are requesting that the limit of
2,000 dairy cattle out of the total of 11,240 be removed (so that there is no limit on the number of dairy
cattle on the property). The applicant is also proposing to add another milking parlor(in addition to the
existing parlor), a scale house and additional animal pens. The number of cattle associated with this
operation has not increased. However the#of employees associated with the use has expanded from a
total of 19(under AMUSR-1282)to a total of 100 (proposed under 2nd AMUSR-1282). Also the use has
since expanded approx. 1,200 south of the original AMUSR-1282 boundary. This area has included feed
storage, manure composting/storage, cattle pens and calf pens. This has brought the boundaries of the
operation immediately adjacent to an existing residence(owned by the applicant's son)on the east side of
CR 47 and immediately across the street from an existing SF residence on the west side of CR 47. There
is also an existing SF residence approximately 1/8 mile to the south of the proposed compost area at the
south end of the permit area.
The Department of Planning Services is requiring a landscaping/screening plan to mitigate the impacts of
the encroachment of the dairy operation on these existing residences as a condition of approval. A traffic
and circulation plan is also being required as a condition of approval to address increased traffic as a
result of additional employees. The applicant will be required to adhere to specific Development
Standards imposed by the county as well as Confined Animal Feeding Operation (CAFO) regulations. This
will ensure that the facility is operating in compliance with numerous conditions that would not be required
for a facility operating as a use by right. The Weld County Department of Planning Services has
determined that the Special Use Permit, conditions of approval and Development Standards will make the
proposal consistent with The Weld County Code and ensure that there are adequate provisions for the
protection of health, safety and welfare of the inhabitants of the County.
Tom Holton asked for the location of the original boundary. Mr. Gathman provided that information with
overheads. There was the addition of the milking parlor at the southern boundary. The pens and
compost shown on AmUSR-1282 do not encompass the entire triangular shaped area. This proposal will
encompass the majority of the site as well as the 70 acre site to the south that was purchased. There has
been an addition of retention and composting on the site since AmUSR-1282.
Paul Branham asked if there was a dairy on site prior to 2003. Mr. Gathman stated there was, the original
Special Use Permits was done in 1973 with four or five amendments since. The site has expanded to
11,240 head. Mr. Branham asked about the limits on the dairy cattle under previous permits. Mr.
Gathman added there was a limit on animals, not specifically dairy cows. The limit was proposed in the
amendment in 2003.
Tom Holton asked about the present construction activity that was occurring. Mr. Gathman stated there
have been no permits issued at this time and they may be doing some work on pens. The applicants have
not begun work on the new proposed milk parlor because it is contingent upon the Board of County
Commissioners.
2
Dustin McCormick, representative for the applicant, provided clarification on the proposal. Overheads of the
proposal were provided. The existing home is owned by the son. There have been cattle on site since 1973;the
dairy was done in an amendment in 2003 with the addition of the parlor. The intent is to build a new parlor and add
a scale house then remove the horse element from the existing use. The applicant has not applied to add more
animals to the facility. There are presently 11,000 animals on site which are feeder calves and heifers. Mr.Johnson
would like to milk the animals himself so as to not need to move them to another facility. They are currently building
pens to accommodate the larger animals and to better organize the site.
Tom Holton asked how many cows can be run through the parlor at a time. Mr. McCormick stated that at twice a day
there could be 7500 head through but at three times a day there could be 5500 head through the parlor. Mr. Holton
asked if the anticipation was half the cows on site would be milked and the other half would be dry. Mr. McCormick
added that there will be wet cows and dry cows. The feeding operation would be concentrated at a different location
thus giving the dairy cows more room.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Julie Walker, neighbors south of the existing dairy provided her concerns. In 1993 there were very few cattle.
Presently they have constant noise from traffic and cows. There is the constant nuisance of flies,dust and the
smell. The dairy is presently using flood lights and there are manure piles out their bedroom window. This is
not minimal impact. This is more of an industrial use with the flood lights and semi's in all hours of the day
and night. They were not notified when the amendment was done to put a dairy on the property since they
were more than 500 feet away. They are now notified because Mr.Johnson purchased the 70 acres to the
south. The odor,flies and the general smell travel more than 500 feet and the notification of such a small area
amounts to a travesty. In 1996 they added to their existing home and in 2003 they bought the 10 acres
adjacent to them. They were concerned that modular would be placed on site. They have had the additional
10 acres listed for two years and have lowered the price several times. There are two RE lots on those 10
acres. The dairy has caused financial damage to them. The Walkers have spoken with the applicant and
asked them to buy them out for what their land has appraised at($650,000+$80,000.) Ms.Walker would like
to know how a neighbor can damage property owners and turn around and profit. This proposal does this. If
this is approved they would like a condition added forcing Mr. Johnson to buy them out at their appraised
value. They are experience a financial hardship due to the neighbor.
Doug Ochsner asked what the flood lights were lighting. Mr. Walker stated it was the dairy operation.
Julie Walker would like to have an interpretation of minimal impact. Mr. Auer provided clarification on the
process. Mr. Holton added that they are not increasing the present number of animals and if this was denied
they could still operate under the existing USR.
Patty Winters, neighbor to the southeast provided her concerns. The residents in the area have worked to get
property value up to gain equity while the surrounding area deteriorates. The Walkers should be bought out at
their full appraisal value.
Les Ewing, neighbor to the south, indicated that adult cattle will impact the amount of waste and activity on
site. The concern is the smell and dust. Notification should require greater limits.
Chad Auer stated that County Code requires 500 feet notification. Staff also provides legal notification in the
paper as well as a sign posted on site.
Bill Hall, neighbor, commented that the Walker property has been shown and there has been no potential
buyers. The dairy was the determining factor in the sale. There is an impact to the Walkers.
Bob Hawe, neighbor to the west, provided his comments. There is an oil well next to the lots previously
mentioned. The oil well was a deterrent for the sale of the Walkers lots due to traffic associated with the well.
This is an agricultural area and that is what it is suppose to be.
Phil Johnson, brother to applicant, provided clarification. There is a tank battery to the north of the Walkers
lots as well as the Booth Feedlot;to the south is Peterson feedlot;a salvage yard is also in the area and there
is an existing dairy to the east. This site is surrounding by similar uses. There is no way to determine which
contributes to the odor and flies. The foreclosures in the area are rampant so the real estate market is bad
3
irregardless. Appraised values versus real value are very different. There are other factors that affect the real
estate market. The area is surrounded by a number of livestock feeding operations.
Roy Spitzer asked Mr. Johnson to point out the livestock feeding operation locations on map. Mr. Johnson
provided that information.
Tom Holton asked where the feed is from. Mr. Johnson stated the 50%of the feed is purchased within a 10
mile radius. If they are not able to buy locally they go no further than a 250-300 mile radius. This operation
provides for approximately 625 employees in Weld County with the utilization of hay, corn stalks and bean
stalks.
Les Walker, neighbor, indicated that the oil well on the lots were not affecting the sale due to them not being
installed when the properti4es were listed for sale.
The Chair closed the public portion.
John Johnson,applicant, provided clarification. They have spoken with the Walkers in an attempt to purchase
their property. They did purchase Bob Hawes home right across the road from the Walker property. They
also purchased the land adjacent to Walkers. The price they are asking for farm is unrealistic. The dairy and
feedlot were there when bought those lots for their speculation of modulars. He does not want to be held
hostage and put in a financial predicament to cover their bad investment for those lots. They could have also
purchased the 80 acres. The property was purchased for a buffering affect. The dairy could also be
jeopardized with the addition of the homes in not being able to sell it. They do not want the homes on the lots.
Mr. Johnson would welcome anyone to purchase the Walker property for what they are asking. He is not
trying to leverage anyone. The home with 15 acres will not be worth what they are asking irregardless of the
dairy.
Tom Holton asked how the dairy would operate should this not be approved. Mr. Johnson stated he would
continue to operate as normal. There is a functioning dairy on site; the intent of this application is to build
another dairy barn. The cattle volume will not change. The intent is to consolidate operation to dairy and also
to feedlot in separate locations. The heifers will move to the feedlot site.
Paul Branham stated the present allowance is 11000 with a limit of 2000 wet cows. If that limit is removed
how will this addition affect the surrounding neighbors? Mr.Johnson added that the majority of traffic is and
will continue to be along CR 74. The existing scale and office will continue to come off of CR 74. With the
additional dairy barn and scale the majority of traffic will come off CR 74 and continue through the dairy. The
new locations are closer to 74. This will help take some of traffic off the road since all will come from CR 74.
Mr. Branham asked if they will be generating additional waste from the dairy cows versus the heifers. Mr.
Johnson stated there are already the dairy cattle there. They are composting 100%of the manure and it will
be marketed through A-1 Organics. This is first year they have not had to spread raw manure offsite. It is
sent out as commercial material from the site. Mr. Branham asked for clarification on the lighting. Mr.
Johnson stated there are lights pointing to the north and this is for the safety for the milkers and the bulls in the
corrals.
Tom Holton asked about the height of the compost piles. Mr. Johnson added a manure pile will cook down
50% and the piles may start at around 10 feet but will finish at approximately 6 feet.
Dustin McCormick added that Development Standards 27-needs to be amended to reflect"milk" instead of
"hospital". Item 2A should be amended to reflect the manure area to the southern end of site. Condition of
Approval 1C that addresses the landscape plan will be addressed in the nuisance management plan that was
approved by Department of Public Health and Environment.
Erich Ehrlich asked about the traffic counts on CR 74, CR 49 and CR 47. Mr. Carroll added that CR 74 is a
strategic roadway and has 1300 vehicles; CR 47 is an arterial collector with 150-160 vehicles. Both counts
• were taken in 2006.
Roy Spitzer asked if there had been any nuisance calls in area in the last three years. Mr.Swain,Department
of Public Health and Environment stated there was a discharge complaint. The Water Quality Control issued
4
a cease and desist order. This is reflected in Development Standards #12. There have been no other
complaints in the last three years. Mr.Swain added it was more of a question of the cause regarding whether
it was storm water, process water from the lagoon or wastewater and that has not been determined.
Erich Ehrlich asked if the Department of Public Health and Environment had any standards that were reviewed
in regards to the retention ponds and the overflow or sanitation of those ponds. Mr.Swain stated the applicant
has for a CAFO discharge permit and this would allow them to discharge in event of storm or such. The
permits include the estimates of the wastewater that will be generated and it is incorporated into the design of
facility.
Doug Ochsner moved to amend Development Standards #27 to reflect Milk parlor. Bruce Fitzgerald
seconded. Motion carried.
Doug Ochsner asked for clarification on the second request by the applicant. Mr.Gathman added he believes
that the language should remain. Mr.Auer added an additional request was to amend the language to reflect
the location of the manure pile. Mr. Gathman added he was describing the locations and technically it is
correct.
Chris Gathman asked the applicant if the composting on site was being sold at the site. Mr.McCormick stated
it will be hauled off by A-1 Organics.
Bruce Fitzgerald asked Mr. Gathman for clarification on "cut sheets." Mr. Gathman stated those are just a
detail and extent of the lighting. It could be a potential change to the current situation. The standard lighting
should be down cast and not shine onto other properties. If the lighting is affecting the neighbors it will need to
be addressed.
Paul Branham added he believes the neighbors are opposed to the dairy as it exists even prior to this
application. The dairy has approval for 11000 head and it will stay the same. This change will not make a
noticeable difference.
Doug Ochsner moved that Case 2AmUSR-1282, 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.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Mark
Lawley,yes; Roy Spitzer,yes; Erich Ehrlich,yes;James Welch,yes;Chad Auer,yes;Tom Holton,yes, Doug
Ochsner, yes; Bruce Fitzgerald, yes; Paul Branham, yes. Motion carried unanimously.
Mark Lawley commented this is not a new operation and will not increase in animal units. This proposal is
consistent with the current use.
Erich Ehrlich commented he is in agreement with this proposal based on the following Section 23-2-
220.A.2
Paul Branham commented he believes this proposal will not have any noticeable negative impacts.
Chris Gathman added that the Board of County Commissioners hearing will be Wednesday, December
20, 2006 at 10:00am.
Chad Auer excused himself due to a prior commitment.
CASE NUMBER: USR-1583
APPLICANT: Margaret DeHaan
PLANNER: Hannah Hippely
LEGAL DESCRIPTION: Lot D of RE-4098 W2; Lot B of RE-965 W2NE4&NW4; Lot B of RE-1729 E2NE4 of
Section 17,T7N, R65W of the 6th P.M.,Weld County, Colorado.
REQUEST: A Site Specific Development Plan and a Special Review Permit for a Agriculture Service
Establishment primarily engaged in performing agriculture,animal husbandry or
horticultural services on a fee or contract basis, including Livestock Confinement
5
Hello