HomeMy WebLinkAbout20053162.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bruce Fitzgerald, that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: AmUSR-1231
APPLICANT: Larry& Margaret DeHaan
PLANNER: Chris Gathman
LEGAL DESCRIPTION: E2SW4 &W2SE4 of Section 27, T2N R67W of the 6th P.M., Weld
County, Colorado.
REQUEST: A Site Specific Development Plan and Amended Special Review Permit
for a Livestock Confinement Operation (dairy) and Animal Feeding
Operation for 2, 300 milking cows along with approximately 1,70
replacement heifers, dry cows and calves in the A(Agricultural)Zone
District
LOCATION: North of and adjacent to CR 16 and 1/4 mile east of CR 19.
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 will be located
within the boundaries of USR-1231 which was approved in 1999 for 2,500 cows. The
proposed amendment will not expand the boundaries of the original USR.
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.
b. Section 23-2-220.A.3 --The uses which will be permitted will be compatible with the
existing surrounding land uses. The vicinity is agricultural in character with rural
residences. The Busker Dairy facility(approved under USR-1356) is located 3/4 mile west
of the site. There are eight (8)single residences ranging from approximately 1/4 mile to
approximately Y:mile to the west and northwest of the site. There is an existing single
family residence located approximately 900 feet south of the site. There are four(4)
existing residences to the east of the site ranging from immediately east of the USR
boundary to '% mile from the site. Agricultural land is located to the north of the site.
Development standards and conditions of approval will effectively mitigate any adverse
impacts to surrounding areas.
c. 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.
e. Section 23-2-220.A.5 --The site does not lie within any Overlay Districts. EXHIBIT
2005-3162 1 77§117/T
, � Y2S
Resolution AmUSR-1231
Larry& Margaret DeHaan
Page 2
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)
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. The applicants are adding
animal pens and improvements to the site but are not expanding the boundaries of the
original USR. Dairy facilities are also 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.
The Planning Commission's recommendation for approval is conditional upon the following:
1. Prior to scheduling a Board of County Commissioners hearing:
A. The applicant shall either submit to the Weld County Department of Planning Services a
copy of an agreement with the properties mineral owners/leasehold interests (KP
Kauffman) 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)
B. The applicant shall submit an updated Septic System Exhibit that delineates: 1)the
location of the existing and proposed employee housing units, 2)the location of the
existing and proposed septic system placement, 3)the septic permit and square footage
of the existing and proposed septic systems associated with that mobile home, and the
location of the wells. The updated Septic System Exhibit shall be to scale and with the
scale referenced. The updated Septic System Exhibit shall be submitted to Kent Kuster,
Water Quality Control Division of the Colorado Department of Public Health and
Environment for review as to the applicability of the Site Application process as described
in the CDPHE Site Location and Design Approval Regulations for Domestic Wastewater
Treatment Works (Regulation 22). A copy shall also be provided to the Weld County
Health Department. (Department of Public Health and Environment)
C. The applicants shall provide evidence to the Department of Planning Services that there
is an adequate water supply(from the Central Weld Water District) to supply all the
existing and proposed mobile homes on the property. (Department of Planning Services)
2. Prior to recording the plat:
A. Each sheet of the plat shall be labeled AMUSR-1231. (Department of Planning Services)
B. The applicant shall attempt to address the requirements of the Longmont Soil
Conservation District as stated in their referral received April 19, 2005. (Longmont Soil
Conservation District)
C. The applicant attempt to address the requirements of the Weld County School District
RE-8 received March 15, 2005. (Weld County School District RE-8)
D. The plat shall be amended to delineate the following:
1. The attached Development Standards. (Department of Planning Services)
Resolution AmUSR-1231
Larry& Margaret DeHaan
Page 3
2. County Road 16 is designated on the Weld County Road Classification Plan as a
local gravel road,which requires a 60-foot right-of-way at full build out. A total of
30-feet from the centerline of County Road 16 shall be delineated as right-of-way
on the plat. (Department of Public Works)
3. The Site Plan for Front Range Dairy shall be amended to delineate only a total of
14 employee housing units (the nine (9)currently on site and the additional five
(5) proposed housing units). (Department of Public Health and Environment)
E. All septic systems located on the property shall have appropriate permits from the Weld
County Department of Public Health and Environment. Employee housing units#1 and
#2 do not have documented septic systems. These existing septic systems will require
and I.S.D.S. Evaluation prior to the issuance of the required septic permits. In the event
either or both of the systems are found to be inadequate, the system must be brought into
compliance with current I.S.D.S. regulations. Evidence of Health Department approval
shall be submitted to the Department of Planning Services. (Department of Public Health
and Environment)
F. Documentation regarding well permits 52955F and 52954F shall be submitted to the Weld
County Health Department. Evidence that this documentation has been submitted to the
Health Department shall be provided to the Department of Planning Services.
(Department of Public Health and Environment)
G. Should the CDPHE determine that the existing layout of mobile homes and/or addition of
new mobile home(s) require Site Application approval (per Regulation 22)the facility shall
provide evidence of Site Application approval. If the facility is not subject to the Site
Application regulations, the applicant shall provide evidence of such to the Department of
Public Health and Environment. Evidence from the Department of Public Health and
Environment that this condition has been satisfied shall be provided to the Department of
Planning Services. (Department of Public Health and Environment)
H. The applicant shall provide the following information to the Weld County Department of
Public Health and Environment:
1. Documentation prepared by a Colorado Registered Professional Engineer, that all
existing wastewater impoundments for the confined animal feeding operation
meet seepage rates as defined in Water Quality Control Commission Regulation
81.5(2) (b). Documentation for any new impoundment shall be provided for 30
days prior to use of the impoundment.
2. Evidence that a Standard Operating Procedure for sludge and manure removal
(cleaning of impoundments to maintain capacity) has been approved by the
Colorado Water Quality Control Division as described in Water Quality Control
Commission Regulation 81.5 (3)(b).
3. A site plan and site layout, which demonstrates that any existing or new
impoundments meet required setbacks to water wells and groundwater as
required in Water Quality Control Commission Regulation 81.5 (6).
Evidence that this information has been submitted and approved by the Health
Department shall be submitted to the Department of Planning Services. (Department of
Public Health and Environment)
The facility shall submit an application for a CAFO Colorado discharge permit as provided
in Water Quality Control Commission regulation 61. (Department of Public Health and
Environment)
J. 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)
Resolution AmUSR-1231
Larry& Margaret DeHaan
Page 4
3. Upon completion of 1. and 2. above, the applicant shall submit a Mylar plat along with all other
documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office
of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall
be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County
Code. The Mylar plat and additional requirements shall be submitted within thirty(30)days from
the date of the Board of County Commissioners resolution. The applicant shall be responsible for
paying the recording fee. (Department of Planning Services)
4. 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)
5. 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. Commercial 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. Commercial building plans require a Code Analysis Date sheet,
provided by the Weld County Building Department. Residential building plans may be
required to bear the wet stamp of a Colorado registered architect or engineer.
(Department of Building Inspection)
B. The hospital 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)
6. The Special Review activity shall not occur nor shall any building or electrical permits be issued on
the property until the Special Review plat is ready to be recorded in the office of the Weld County
Clerk and Recorder. (Department of Planning Services)
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Larry& Margaret DeHaan
AMUSR-1231
1. The Site Specific Development Plan and Special Use Permit is for an Agricultural Service
Establishment for a Livestock Confinement Operation(Dairy)and Animal Feeding Operation for 2,300
milking cows along with approximately 1,700 replacement heifers, dry cows and calves 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. Water service for all employee housing units shall be provided by Central Weld County Water District.
(Department of Public Health and Environment)
5. All septic systems on the property must be maintained in good working order at all times.(Department
of Public Health and Environment)
6. The facility shall maintain compliance with the requirements of the Site Application in accordance with
Regulation 22(as determined by the Colorado Department of Public Health and Environment,Water
Quality Control Division). (Department of Public Health and Environment)
7. The facility shall obtain and comply with their CAFO Colorado Discharge Permit and operate in
compliance with Colorado Water Quality Control Commission (WQCC) Regulation #61 and #81.
(Department of Public Health and Environment)
8. There shall be no discharge of manure or process wastewater into surface water from the production
area of land application areas except as provided in the facility's CAFO Colorado Discharge Permit.
(Department of Public Health and Environment)
9. Manure and process wastewater shall be applied at agronomic rates and in accordance with the
facility's Nutrient Management Plan and/or Manure and Wastewater Management Plan.(Department
of Public Health and Environment)
10. The facility shall operate in compliance with applicable Colorado Air Quality Control Regulations.
There shall be no open burning except"agricultural open burning"as defined by Colorado Air Quality
Control Commission Regulation 9. (Department of Public Health and Environment)
11. There shall be no permanent disposal of solid wastes, as defined in the Regulations Pertaining to
Solid Waste Disposal Sites and Facilities(6 CCR 1007-2),at this site. (Department of Public Health
and Environment)
12. The facility shall be operated and maintained in a manner to prevent nuisance conditions.
(Department of Public Health and Environment)
13. The facility shall control fugitive dust on this site and operate in accordance with the facility's
Management Plan for Nuisance Control(current approved plan dated February 2005).(Department of
Public Health and Environment)
Resolution AmUSR-1231
Larry& Margaret DeHaan
Page 2
14. The facility shall be operated in a manner to control pests. The facility shall be operated in
accordance, at all times, with their Management Plan for Nuisance Control (current approved plan
dated February 2005). 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)
15. The facility shall be operated in a manner to control flies. The facility shall be operated in accordance,
at all times,with their Management Plan for Nuisance Control(current approved plan dated February
2005). 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
judgment of the Weld County Health Officer, there exists a fly condition requiring abatement.
(Department of Public Health and Environment)
16. The facility shall be operated in accordance with the odor abatement provisions of their Management
Plan for Nuisance Control(current approved plan dated February 2005). 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 the odor levels
detected off-site meet or exceed the level of fifteen-to-one dilution threshold,or in the judgment of the
Weld County Health Officer, there exists an odor condition requiring abatement. (Department of
Public Health and Environment)
17. The applicant shall remove, handle, and stockpile manure from the livestock area in a manner that
will prevent nuisance conditions. The manure piles shall not be allowed to exist or deteriorate to a
condition that facilitates excessive odors,flies, insect pests,or pollutant runoff. The surface beneath
the manure storage areas shall be of materials which are protective of State waters. These areas
shall be constructed to minimize seepage or percolation of manure contaminated water. In no event
shall the facility impact or degrade waters of the State in violation of Colorado Water Quality Control
Commission Regulation Number 81. (Department of Public Health and Environment)
18. Waste materials, not specifically addressed by other development standards, shall be handled,
stored, and disposed of in a manner that controls fugitive dust, blowing debris, and other potential
nuisance conditions. (Department of Public Health and Environment)
19. 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. (Department of Public Health and Environment)
20. A plan review is required for each building for which a building permit is required. Plans shall include
a floor plan. Commercial 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. Commercial
building plans require a Code Analysis Date sheet,provided by the Weld County Building Department.
Residential building plans may be required to bear the wet stamp of a Colorado registered architect
or engineer. (Department of Building Inspection)
21. The hospital 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)
22. 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)
Resolution AmUSR-1231
Larry& Margaret DeHaan
Page 3
23. Building heights 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 construction types
and to determine compliance with the Bulk Requirements from Chapter 29 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. (Department of Building Inspection)
24. A separate building permit shall be obtained prior to construction of any building. (Department of
Building Inspection)
25. 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)
26. 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)
27. The number of mobile homes to be used for employees shall be limited to fourteen total,as proposed
in the application. Any additional accessory residential structures must obtain all appropriate building
and zoning permits. (Department of Planning Services)
28. At such time that the dairy operation should cease, the mobile homes, which are accessory to the
Special Review Permit, must be removed from the property or the appropriate zoning and building
permits shall be applied for and approved for the appropriate use. (Department of Planning Services)
29. The hours of operation in the milking parlors and related facilities. Equipment operations, trucks,
farming activities and maintenance activities other than emergencies will occur primarily during
daylight hours. (Department of Planning Services)
30. 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. (Department of Public Works)
31. 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)
32. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
33. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
34. 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.
Resolution AmUSR-1231
Larry& Margaret DeHaan
Page 4
35. 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.
36. 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 James Rohn.
VOTE:
For Passage Against Passage Absent
Michael Miller
John Folsom
Bryant Gimlin
Bruce Fitzgerald
James Rohn
Chad Auer
Tom Holton
Doug Ochsner
James Welch
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, Donita May, 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 June 21, 2005.
Dated the 21st of June, 2005.
Donita May
Secretary
(r -,)/-„2c cn.5
The following items will be heard:
CASE: Weld County Fees
PLANNER: Monica Mika
Monica Mika, Department of Planning Services, presented a modification to the fee schedule, specifically
planning and building fees, and asked the board for their recommendation. She pointed out that there are
three guiding principles to look at when examining land use fees: that growth shall pay its own way
through cost recovery; factoring of regional competitiveness to fees; and the north/south dichotomy that
exists in the county,with regard to the type of permits sought in each area. Ms. Mika said fee
modifications were based on specific types, i.e. urban and non-urban, as well as consideration of the
additional man hours required to review applications. Ms. Mika reviewed her hand-outs with the Board
and then turned the presentation over to Roger Vigil, Chief Building Official. Mr. Vigil outlined the
increases in building and inspections fees presented in Appendix 5-K. Mr.Vigil said justification for the
increase in fees was arrived at after factoring in the number of inspections needed to complete a permit
and the vehicle costs accrued with those inspections, as well as the time initially taken to write the permit.
Mr. Vigil pointed out that manufactured home permits are primarily responsible for the increase in permit
fess that will occur, due in part to the amount of inspections required for each home and the increasing
number of those homes in the county. Additional changes included the increase from forty-two dollars to
fifty dollars for each re-inspection fee and the cap for the investigation fee when building without a permit
was removed.
John Folsom asked Ms. Mika about fees required to change the existing MUD. She replied that modifying
an existing corridor and getting recognition of an urban corridor are very different processes and would
require various levels of research and therefore different fees.
James Rohn inquired about the fee for a hazardous waste disposal site, and whether this was unusually
high in order to discourage this type of development. Ms. Mika replied that fees need to cover cost
recovery and the time needed by staff to investigate this type of facility. Fees are not set to deter land use
development.
Bryant Gimlin asked Ms. Mika what the revenue generated would be if these fees were initiated.
She replied that this information has been submitted to the BOCC, and was based on man hours needed
to process these cases, not the aggregate of all of the fees. Mr. Gimlin asked Lee Morrison, County
Attorney, if these fee increases would be affected by the Tabor Amendment. Mr. Morrison said they would
not.
John Folsom inquired about the Capital Expansion fee. Don Warden, Director of Finance and
Administration, said this was the amount the County felt was necessary to help defer expenses associated
with the jail expansion and new county buildings. Mike Miller asked if the $575.00 Capital Expansion fee
on a new home was in addition to the increase in building fees. Mr. Warden replied that it is. Mr. Morrison
interjected that the Capital Expansion fee was not a part of the fee schedule that the Planning
Commission would be required to act on.
Bryant Gimlin expressed his disappointment with the increase in fees and said he felt there should have
been more time spent studying impacts in terms of total revenue generated. Mr. Miller said he felt the
fees were reasonable as they were still not covering 100 per cent of the costs.
John Folsom moved that Case Weld County Fees, be forwarded to the Board of County Commissioners with
the Planning Commissions recommendation of approval. Bryant Gimlin seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes; Michael Miller, yes; Bryant Gimlin,yes ; James Rohn, yes; Tom Holton, yes; Chad Auer, y-
Bruce Fitzgerald, yes. Motion carried unanimously.
CASE NUMBER: AmUSR-1231 C
APPLICANT: Larry& Margaret DeHaan m
PLANNER: Chris Gathman Z f `
LEGAL DESCRIPTION: E2SW4 &W2SE4 of Section 27, T2N R67W of the 6th P.M., Weld !S
County, Colorado. �u++�
REQUEST: A Site Specific Development Plan and Amended Special Review Permit
for a Livestock Confinement Operation (dairy)and Animal Feeding
Operation for 2, 300 milking cows along with approximately 1,70
replacement heifers, dry cows and calves in the A(Agricultural)Zone
District
LOCATION: North of and adjacent to CR 16 and 1/4 mile east of CR 19.
Chris Gathman, Department of Planning Services, presented case AmUSR-1231. Larry& Margaret
DeHaan have applied for a Site Specific Development Plan and a Special Review Permit for a Use by
Right,Accessory Use or Use by Special Review in the Industrial Zone District(2,300 milking cows along
with 1,700 replacement heifers, dry cows and calves) in the A(Agricultural)Zone district.
The sign announcing the original Planning Commission hearing was posted May 5, 2005 by Planning
Staff. This case was continued at the original May 17, 2005 hearing date to allow the Health Department
to obtain applicants representative and review additional information regarding this application.
The site is located north of and adjacent to County Road 16 and 1/4 mile east of CR 19.
There are single family residences located to the west, east and south of the site(ranging from 1/4 to 1/2
mile from the facility). A special review permit for a 2,500 head dairy was approved for this site under
USR-1231 in 1999. No change (expansion)of the boundary of the original special use permit is requested
under this application.
Eleven referral agencies reviewed this case, ten referral agencies responded favorably or included
conditions that have been addressed through development standards and conditions of approval.
This proposal would increase the total number of cows from 2,500 to 4,000, relocate an approved hospital
parlour, allow for new animal pens, relocate the manure storage and compost area and silage storage to
the west side of the site and a silage storage area(in self contained bags)along the southern boundary of
the USR. No change (expansion) of the boundary of the original special use permit is requested under
this application.
The Weld County Department of Planning Services 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 the health, safety and welfare of the
inhabitants of the county.
Sharyn Frazer&Tom Haren w/AGPROfessionals (rep for property owners) are present today. I will be
happy to answer any questions at this time.
John Folsom inquired whether the Town of Firestone had returned their referral. Mr. Gathman said they
had not.
Chad Auer asked Mr. Gathman to point out the gas/oil well heads on the property. Mr. Gathman said
there are two located on site by the calf huts and another on the southwest by the manure and compost
storage areas. There are none located near human residences and the setbacks for the building code
would not apply to the calf huts. The nearest building to the oil/gas heads is the maternity building for the
cattle.
John Folsom asked Pam Smith, Department of Environmental Health, to clarify for him who provides
water to the property. Ms. Smith replied that there are two wells on the property providing water, permits
for an additional two wells, and water also provided by the Central Weld County Water District.
Mike Miller inquired of Ms. Smith the number of septic systems on the property. She replied that there are
nine homes on the property; one system has the capacity to serve two homes. All of the homes have
permits for septic systems except for homes one and two for which she cannot locate any record of septic
permits. The Health Department has asked that these two homes (page 4, item 2B) have their septic
systems evaluated and recorded with the Health Department. Mr. Miller asked if it was acceptable for two
homes to operate off the same system. Ms. Smith said it was, as long as the size of the system was
adequate for that purpose.
Tom Haren, applicant's representative, said Firestone opposed the dairy when it was originally planned,
but has raised no opposition in subsequent applications. In regard to the wells, there are several well
permits for the site, but only two actual wells. The septic system in question, shared by the two homes, is
being evaluated to determine whether the site application is pertinent or not. In the application, the
changes to the property are the result of the new ownership and their wish to keep the young stock on
site, thus the addition of calf huts, maternity/hospital building, silage and manure placement. A nuisance
management plan still exists and there have been no issues or problems in that area since the DeHaans
assumed ownership. Mr. Miller asked about regulations regarding the lagoons and/or stormwater system.
Mr. Haren said the new changes require much more documentation in these areas and overall conditions
in these areas are currently much better than in the past.
Sharyn Frazer, applicant's representative, clarified the septic issue by saying that High Plains
Engineering has been hired to design, replace and repair the systems. The current systems have all been
pumped out and the pumper has assured the applicants that they are all in good working order.
The Chair opened the public portion of the hearing.
Sheryl Seysick, 7001 CR 21, Longmont, CO, requested that screening requirements be added to the
permit, dimmer light bulbs be used at night to diminish glare, and consideration be given to the location of
the silage if it will increase odor and flies near her home.
As no one else stepped forward, the public portion of the hearing was closed. Bruce Fitzgerald asked why
the screening plan was being re-visited when it had been approved in the original USR.
The Chair requested Mr. Haren step forward once again to address those issues. Mr. Haren said the
lights would be shielded or hooded, the proposed silage storage is better than previous storage methods
but conditions in the applications would be adhered to. Mr. Haren also added that there was no screening
plan in the original application,just some trees placed on the site map and no condition providing for a
screening plan. He said the applicants are willing to strike a happy medium between screening and a full-
blown landscape plan. Mr. Gathman asked that the applicants submit a screening plan prior to the
application going before the BOCC (Condition 1.D., page 4).
Don Carroll, Department of Public Works, said Development Standards three and thirty are duplicates and
he would like to eliminate number thirty and re-number the remaining standards (page 10).
Mr. Gathman clarified the original hearing date was May 17, 2005 continued to June 21, 2005. He added
that Development Standard eight should read"or land" not"of land", and Development Standard twenty-
five should read "one or more acres" not"five acres".
John Folsom asked Mr. Carroll about his preference for access of the property, whether it would be CR 16
or CR 19. Mr. Carroll replied his recommendation would be to utilize CR 19 to the paved system in order
to mitigate dust.
Bruce Fitzgerald moved: the hearing date on the Administrative Review be changed from May 17, 2005 to
June 21,2005; 1.D. be added on page four to the Administrative Review that shall read,"The applicants shall
submit a screening plan for review to the Department of Planning Services"; Development Standard number
eight shall read"the production area or land application"; Development Standard twenty-five shall read"In the
event that one or more acres";and Development Standard thirty be deleted and the standards re-numbered
Bryant Gimlin seconded the motion. Motion carried unanimously.
Bryant Gimlin inquired about a development standard that would address the lighting. Mr.Gathman said there
is a standard in Section 23-2-250.D. It was moved by Bryant Gimlin and seconded by Bruce Fitzgerald that
the statement: "Lighting shall be in accordance with Section 23-2-250.D of the Weld County Code"be added
to the Development Standards as number thirty-four and the remaining standards be re-numbered. Motion
carried unanimously.
Bruce Fitzgerald moved that Case AmUSR-1231, be forwarded to the Board of County Commissioners
along with the amended Conditions of Approval and Development Standards with the Planning
Commissions recommendation of approval. James Rohn seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes; Michael Miller, yes; Bryant Gimlin, yes; James Rohn, yes; Tom Holton, yes; Chad Auer, yes;
Bruce Fitzgerald, yes. Motion carried unanimously.
Meeting adjourned at 4:10 p.m.
Respectfully submitted
M
Donita May
Secretary
,r1
5- 17- ec�
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, May 17, 2005
A regular meeting of the Weld County Planning Commission was held in the Southwest Weld County
Conference Room,4209 CR 24.5, Longmont, Colorado. The meeting was called to order by Chair, Michael
Miller, at 1:30 p.m.
ROLL CALL
Michael Miller
Bryant Gimlin
John Folsom Absent
James Rohn
Bruce Fitzgerald
Tom Holton
Chad Auer
Doug Ochsner
James Welch
Also Present: Kim Ogle, Sheri Lockman, Chris Gathman
The summary of the last regular meeting of the Weld County Planning Commission held on May 3,2005,was
approved as read.
The following items are being continued:
CASE NUMBER: AmUSR-1231
APPLICANT: Larry& Margaret DeHaan
PLANNER: Chris Gathman
LEGAL DESCRIPTION: E2SW4 & W2SE4 of Section 27, T2N R67W of the 6th P.M., Weld
County, Colorado.
REQUEST: A Site Specific Development Plan and Amended Special Review Permit
for a Livestock Confinement Operation (dairy) and Animal Feeding
Operation for 2,300 milking cows along with approximately 1,700
replacement heifers, dry cows and calves in the A(Agricultural)Zone
District
LOCATION: North of and adjacent to CR 16 and 1/4 mile east of CR 19.
Chris Gathman, Department of Planning Services. The Weld County Department of Planning Services,
on behalf of the Weld County Department of Public Health, is requesting that AMUSR-1231 (DeHaan) be
continued to the June 21, 2005 Planning Commission hearing. The Department of Public Health, in their
memo dated April 11, 2005 requested additional information regarding the water supply and septic
systems on the existing dairy. This memo was sent to the applicant's representative as well as the
Department of Planning Services. A final Health Department referral was contingent upon the receipt and
subsequent review of this information. The information was not received in a sufficient amount of time for
the Health Department to review and supply referral comments to be included in the staff
recommendation. Therefore, a continuance is requested to allow time for the Health Department to
review this information and finalize their referral comments.
As there was no one in the audience wishing to speak for or against AmUSR-1231, the Chair closed the
public portion of the hearing and asked for discussion or a motion.
Jim Rohn moved that Case AmUSR-1231, be continued to the June 21,2005 Planning Commission hearing.
Bryant Gimlin seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Michael
Miller, yes; Bryant Gimlin,yes;James Rohn,yes;Chad Auer,yes; Doug Ochsner,yes; Bruce Fitzgerald,yes;
James Welch, yes; Tom Holton, yes. Motion carried unanimously.
C bl1 ud- aynta. 42-4- 605
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