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Home My WebLink About20062244.tiff RESOLUTION RE: APPROVE REQUEST TO MODIFY CONDITION OF APPROVAL#1.D OF USE BY SPECIAL REVIEW PERMIT#1543 - COZY COW DAIRY, LLC WHEREAS,the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS,on April 19,2006,the Board of County Commissioners approved the application of Cozy Cow Dairy, LLC, do Les and Sherrill Hardesty, 28607 Weld County Road 17, Windsor, Colorado 80550,for a Site Specific Development Plan and Use by Special Review Permit#1543, for a Guest Farm (educational programming, restaurant, and gift shop)and 200-Head Dairy in the A (Agricultural) Zone District, for property which is described as part of the NE1/4 of Section 8, Township 5 North, Range 67 West of the 6th P.M., Weld County, Colorado, and WHEREAS,Condition of Approval #1.D was approved, to read as follows: "The existing septic system serving the facility is designed for 105 persons. 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. 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." WHEREAS,the Board of County Commissioners heard all the testimony and statements of those present,studied the request of the applicant and the recommendations of the Weld County Departments of Public Health and Environment and Planning Services and, having been fully informed, finds Condition of Approval #1.D shall be amended to read as follows: "The existing septic system serving the facility is designed for 105 persons. The application materials indicate that, at full build-out, approximately 400 people may visit the facility over a 12-hour period. 2006-2244 PL1833 (C ; � FR), tfZ(-r)0 APP.- RO° 09-09--06 RECONSIDER CONDITION OF APPROVAL#1.D FOR USR #1543 - COZY COW DAIRY, LLC PAGE 2 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. The existing septic system shall be utilized in combination with portable toilets in the amount necessary to serve the activities of people outlined in the Use by Special Review Permit application. At such time the septic system fails, or is moved due the expansion of Weld County Road 17,adequate sewage facilities meeting regulations at the time must be installed and approved." NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Condition of Approval#1.D of USR#1543, on the hereinabove described parcel of land be, and hereby is, amended as follows: "The existing septic system serving the facility is designed for 105 persons. 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. The existing septic system shall be utilized in combination with portable toilets in the amount necessary to serve the activities of people outlined in the Use by Special Review Permit application. At such time the septic system fails, or is moved due the expansion of Weld County Road 17,adequate sewage facilities meeting regulations at the time must be installed and approved." BE IT FURTHER RESOLVED that all other Conditions of Approval included in Resolution #2006-0925, approved on April 19, 2006, remain in full force and effect. 2006-2244 PL1833 RECONSIDER CONDITION OF APPROVAL#1.D FOR USR #1543 - COZY COW DAIRY, LLC PAGE 3 The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 16th day of August, A.D., 2006. BOARD OF COUNTY COMMISSIONERS ELD CO' TY, COLORADO ATTEST: j � , t ' � �! �AG(/n J. eile, Chair Weld County Clerk to the - l={% +►. Ii �XCUSED David E. Long, Pro-Tem BY: � Depu Clerk to a Board �'/— Wi • . Jere AP AS TO F • Robert D. Masden unty Attorney EXCUSED Glenn Vaad Date of signature: q I�ILi 2006-2244 PL1833 Memorandum TO: Board of County Commissioners DATE: August 14, 2006 C FROM: Brad Mueller, Assistant Director COLORADO Department of Planning Services RE: Cozy Cow Dairy, USR-1543 Reconsideration of Condition of Approval The Board of County Commissioners approved USR-1543, Cozy Cow Dairy, with six conditions of approval on April 19, 2006. Included as one of those conditions was the following (Condition 1.D): "The existing septic system serving the facility is designed for 105 persons. 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. 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." The application included approval of a "restaurant," without necessarily trying to define its precise size or make-up. The application indicated that "retailing of products will include, but not be limited to, dairy products, beef and meat products, coffees, espressos, desserts and farmers maret-type items." The number of seats associated with the restaurant is not defined in the application materials, but build-out of the entire operation anticipates 400 visitors per 12-hour period. At the Board hearing, the Department of Public Health notedthat it would be important that theseptic be sized to meet whatever services were proposed. The applicant would like sizing of the septic to be limited for the current planned level of use. Their understanding of the Board's wishes during the hearing is that the food service would be allowed to operate "as is," augmented by portable toilets as necessary. This Condition is being brought back to the Board for reconsideration and clarification at the applicant's request. Staff recommends that the conditbn remain as currently stated, based on the concerns of the Department of Health. 2006-2244 ' 7LvR33 I 0 - r — pp[ X71/,': .4_ >r 7..,& -"4-6/ e h5) -)..(4A-ivL.- )., - rjCP -- , c e • 4'.;1:1,1:4' p /,C -. tom' "( .' tk[-to J\Cie•7 1 - �/ ifa �` ,, ia4 ja-- j �Ffa�,�L Et±.- �'� Imo- ,y T ' J E'er A A/� � I% -r l'.;_.0 'S,,An�. -tai c',,� —i.� _ `_.-' -1v7 11,1 k 1? , - c1,F1,T `✓v.. -'\, AA b-G\') K '-J oNe&e,<:, r\I - ` 4- :iG< 'I�Rt3 1AA VXI��A, et- _ 1 e j ;e" 4 f'u C. y1 , . `�J:� )-� I 1 La f e__,........ =7+t<kLa. 1) �, ivi, i ' ark 1 1a' , j,C ,t i,i l ` I e-La t.1- - G� u.' 1 6 P 1 G�,TZ• i C'� j. 1Jv' ..-.ic-_ V. f,A^ , -.> c.,..- - f/i ic, v�2 . cf l - L, r j yi-k T6 s<— n' — mss 2. II G.--_ A 4 ../if) 'TI% iL-Ja�ei'le '? AGPRO 1: LANDPRO COMPLETE LAND AND RESOURCE SOLUTIONS 11-„s COQ tTo Haren 970535.9318 ext. 103/office O nc /Consultant 309485.7838(met EXHIBIT r n©agproc.com 970.535.1854/fax GGAA 3 3 i460984/cel1 wwrvv.ngpros com 4350 Highway 66 Ac PRA. Longmont,CO 80504 1 i L LAND PRO • Page 1of1 Jennifer Luna From: Jennifer Luna Sent: Wednesday, August 16, 2006 11:04 AM To: Bruce Barker Subject: USR#1543 -Cozy Cow Dairy, LLC Condition of Approval #1.D will be modified to read: 'The existing septic system shall be utilized in combination with portable toilets in the amount necessary to serve the activities of people outlined in the Use by Special Review Permit application. At such time the septic system fails, or is moved due the expansion of Weld County Road 17, adequate sewage facilities meeting regulations at the time must be installed and approved." Hello