HomeMy WebLinkAbout20060926.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: USR-1543
APPLICANT: Cozy Cow Dairy LLC
PLANNER: Brad Mueller
LEGAL DESCRIPTION: Part NE4 of Section 8, T5N, R67W of the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan & Special Review Permit for a Guest Farm
(educational programming, restaurant, gift shop) located in the A(Agricultural)Zone
District
LOCATION: West of and immediately adjacent to CR 17, one-half mile north of Highway 34
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. 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
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 n1
offering ice cream, milk, cheese, and snack items. "Restaurant" is defined in Section 23-1-90 of the Y
Weld Code as any establishment that furnishes food and drink for compensation. _m n
_ 4F
The dairy currently operates as a legal Nonconforming Use ("NCU 347") for 200 head of cattle. K y
Existing regulations require dairies to operate as Uses by Special Review. However, an NCU was W
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- rw zwe-vevee
conforming use as defined by Section 23-7-30 of the Weld Code. It states: "A nonconforming use
2006-0926
Resolution USR-1534
Cozy Cow
Page 2
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 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— There 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.
Resolution USR-1543
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Page 3
The Planning Commission'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 23-3-250.8.6 of the Weld County Code.
(Department of Planning Services)
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)
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 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)
C. 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)
D. 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).
Resolution USR-1543
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E. 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)
F. The applicant shall provide written evidence to the Department of Planning Services from the City
of Greeley that an attempt has been made to address the items noted in their referral of January
27, 2006. (City of Greeley)
G. 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 Court Case 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)
H. 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)
Resolution USR-1543
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4. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, 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.
(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 mapsco.weld.co.us. (Department of Planning Services)
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 Animal Feeding Operation Control 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)
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)
Resolution USR-1543
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Page 2
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 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)
Resolution USR-1543
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Page 3
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 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)
Resolution USR-1543
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Page 4
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
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)
Motion seconded by Tom Holton
Resolution USR-1543
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Page 5
VOTE:
For Passage Against Passage Absent
Michael Miller
Bruce Fitzgerald
Chad Auer
Tom Holton
Doug Ochsner
James Welch
Erich Ehrlich
Roy Spitzer
Paul Branham
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 March 7, 2006.
Dated the 7th of March, 2006.
Voneen Macklin
Secretary
3 -7- cG>
of land 150 feet wide located in part of the W2SE4 of Section 28, T6N, R65W of
the 6th P.M., Weld County, Colorado.
REQUEST: A Site Specific Development Plan and Amended Special Review Permit for a
mineral resource development facility including a natural gas processing facility
in the A(Agricultural)Zone District
LOCATION: 1/4 mile west of CR 47 and approximately''/2 mile north of CR 64.
Doug Ochsner moved to approve the Consent Agenda. Roy Spitzer seconded. Motion carried.
The following items will be Heard:
CASE NUMBER: USR-1534
APPLICANT: Duke Energy Field Services
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Part N2N2SW4 of Section 29, T5N, R66W of the 6th P.M., Weld County,
Colorado.
REQUEST: A Site Specific Development Plan and Special Review Permit for a mineral
resource development facility including an oil and gas support and service facility
(gas processing facility) in the A(Agricultural)Zone District
LOCATION: West of and adjacent to Two Rivers Parkway and approximately''/ mile north of
49th Street.
Chris Gathman, Department of Planning Services presented Case USR-1534, reading the recommendation and
comments into the record. The Department of Planning Services is recommending approval of the application
along with the Conditions of Approval and Development Standards. The applicant is proposing three Conditions
of Approval. The first one would be located in Prior to Scheduling, item 1 B and it will state"The applicant shall
submit a lighting plan to the Weld County Department of Planning Services for review by the Department of
Planning Services. Item 5 B shall be inserted with the following language"The applicant shall install a hospital
muffler on the facility." Add Development Standard #18 to state"The facility shall be limited to a total of one
compressor engine."
Tim Clancy, representative for the applicant, indicated they have addressed the concerns that were brought
forward by the neighbor at the previous meeting.
Michael Miller asked if they were replacing an existing compressor. Mr. Clancy stated this site did not have an
original USR so they are attempting to come into compliance. The compressor has been used intermittently.
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 accept the Conditions of Approval requested by staff. Tom Holton seconded. Motion
carried.
Tim Clancy indicated the applicant accepts the Development Standards and Conditions of Approval.
Paul Branham moved that Case USR-1534, be forwarded to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the Planning Commissions recommendation of approval.
Doug Ochsner seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Roy Spitzer,yes;
James Welch, yes; Michael Miller, yes; Tom Holton, yes; Doug Ochsner, yes; Paul Branham, yes. Motion carried
unanimously.
CASE NUMBER: USR-1543
APPLICANT: Cozy Cow Dairy LLC
PLANNER: Brad Mueller
LEGAL DESCRIPTION: Part NE4 of Section 8, T5N, R67W of the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan & Special Review Permit for a Guest Farm
(educational programming, restaurant, gift shop) located in the A(Agricultural) �^
Zone District
LOCATION: West of and immediately adjacent to CR 17, one-half mile north of Highway 34 m
Brad Mueller, Department of Planning Services presented Case USR-1543, reading the recommendation and Z v
comments into the record. The Department of Planning Services is recommending approval of the application k of
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along with the Conditions of Approval and Development Standards. Staff recommend the following modifications:
delete 1.B, modify 2.F&2.G to state"attempt to address"and modify H.5 to refer to the court case number
instead of the recording number.
Trevor Jiricek, Weld County Department of Health, suggested modifying Development Standard#9 to state"The
facility shall maintain compliance with the Animal Feeding Operation Control Regulations (5-CCR-1002-81)
Lauren Light, representative for the applicant, presented additional information regarding the proposal. The site
is for an agricultural educational facility that will have tours for the public. This facility will include the making of
the product from beginning to end. The retail sales will be in the future. The site will also include a small petting
zoo. The intent of the proposal is to provide a facility for kids and adults. The tours will take approximately an
hour. The facility expects to generally have one bus on site with the forty children. Eight buses per day could be
320 children a day on site. This number does not reflect the equivalent amount of cars. The number of people
will consist of more children, not forty cars. There will not be anything noticeably different on site. The septic
system has been reviewed for maximum capacity and it will handle 322 people. The applicant suggests changing
Development Standard #4 to reflect five employees and 317 visitors or change to capacity of the septic system.
Additional parking can be done in the back if more is needed.
Doug Ochsner asked about the number of cattle onsite and if the facility was designed for this. Ms. Light
indicated there were approximately 90 on site and the facility is designed to accommodate 200 head. Mr.
Ochsner asked if the Town of Windsor had been referred to. Ms. Light stated they had spoken with them and a
Condition of Approval has been added to address their concerns.
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 accept staff changes listed above, 1 B,2F&G, H5, Development Standard#9. Tom Holton
seconded. Motion carried.
Trevor Jiricek asked for clarification on the engineer's review of the septic system. Ms. Light indicated there is a
condition in prior to recording that an engineer should review and this has already been done. Ms.Light added they
could give a copy of the report to Public Health. The applicant wanted the Planning Commission to know that the
number was not four hundred. The applicant would rather lower the numbers adverse to put money into the system.
Mr. Jiricek stated his only concern was that the report may not always coincide with the regulations and there may
need to be some negotiations for the report. Ms. Light stated a Conditions of Approval could be added to Prior to
Scheduling.
Brad Mueller suggested moving Conditions of Approval 2.B to Prior to Scheduling 1.B,and Development Standard#4
would remain the same and the Board of County Commissioners could address.
Tom Holton moved to accept the proceeding recommendations. Roy Spitzer seconded. Motion carried.
Lauren Light agrees with the Development Standards and Conditions of Approval.
Don Carroll would like to have the overflow parking identified on the plat.
Doug Ochsner moved that Case USR-1543, 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. Roy Spitzer,yes;
James Welch, yes; Michael Miller, yes; Tom Holton, yes, Doug Ochsner, yes; Paul Branham, yes. Motion carried
unanimously.
Doug Ochsner commented this is a great proposal and he is excited to have something like this in the county.
CASE NUMBER: 3AmUSR-842
APPLICANT: Tire Recycling Inc.
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lots A& B of RE-1367; Pt S2N2SE4; the S2S2SE4, and N2S2SE4 of Section
32, T3N, R65W of the 6th P.M., Weld County, Colorado.
REQUEST: 3rd Amended Site Specific Development Plan and Special Review Permit for a
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