HomeMy WebLinkAbout20002743.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bryant Gimlin 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:
PLANNER: Sheri Lockman
CASE NUMBER: USR-1288
APPLICANT: Mike Goss,
c/o AgPro Environmental Services, LLC
ADDRESS: 6715 28th Street
Greeley, Colorado 80634
REQUEST: A Site Specific Development Plan and Special Review Permit for an Agricultural Service
Establishment (Animal Training and Boarding for forty (40) cows and horses) in the
Agricultural Zone District
LEGAL DESCRIPTION: Pt. SE4 of the SW4 of Sec. 16,T5N, R66W of the 6th P.M.,Weld County,
Colorado
LOCATION: North of and adjacent to 28th Street and approximately 800 feet west of 59th Avenue
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 24.7 of the
Weld County Zoning Ordinance.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section
24.3 of the Weld County Zoning Ordinance as follows:
a. Section 24.3.1.1 --That the proposal is consistent with the Weld County Comprehensive
Plan. A.Goal 1 states, "Preserve prime farmland for agricultural purposes which foster the
economic health and continuance of agriculture." The U.S.D.A.soils map indicates that the
soils on the property are designated"Urban-and Urban Build-up Land". A.Policy 1 states,
"Agricultural zoning will be established and maintained to protect and promote the County's
agricultural industry."
b Section 24.3.1.2 --The proposal is consistent with the intent of the district in which the use
is located. The property is zoned Agricultural and Section 31.4.2 states that Agricultural
Service Establishments primarily engaged in performing agricultural, animal husbandry, or
horticultural services on a fee or contract basis,including livestock confinement operations,
are permittee as a Use by Special Review in the Agricultural Zone District.
c. Section 24.3.1.3 --The uses which would be permitted will be compatible with the existing
surrounding land uses. A veterinary hospital lies directly east of the site. The property to
the north of the site is platted for residences but is being used as a horse pasture at this
time. To the west of the site is a single family residence with pasture. To the south is State
Highway 34 and agricultural properties. The surrounding area is primarily zoned R-1 and
Agricultural. Both zone districts allow for cattle and horses.
EXNIifT
2000-2743
use *127.;
RESOLUTION, USR-1288
Mike Goss
Page 2
d. Section 24.3.1.4 --The uses which would 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 the comprehensive plan or master plans of affected
municipalities. This proposal is within the three mile referral area of the City of Evans.The
City of Evans stated no conflicts exist with their interests.The site is within the urban growth
boundary of the City of Greeley. The City of Greeley recommended denial of the proposal
as it does not comply with the policies and intent of the City of Greeley's Comprehensive
Plan and would not be compatible with the anticipated urban population of residents and
businesses in the immediate vicinity. It should be noted that the City of Greeley and Weld
County do not have an intergovernmental agreement in place. A Condition of Approval
requires the applicant to attempt to address the concerns of the City of Greeley.
e. Section 24.3 1.5 --The application complies with the Weld County Zoning Ordinance,
Section 50,Overlay District Regulations if the proposal is located within the Overlay District
Areas identified by maps officially adopted by Weld County.
Effective December 1, 1999, Building Permits issued on the lot will be required to adhere
to the fee structure of the Windsor Service Area Road Impact Program.
f. Section 24.3.1.6 --If the use is proposed to be located in the A-District, the applicant snail
demonstrate a diligent effort to conserve prime agricultural land in the locational decision
for the proposed use This property is designated as "Urban - and Urban Build-up Land"
on the U.S.D.A. Soils Map. No "Prime"farm ground exists on the site.
g. Section 24.3.1.7 -There is adequate provision for the protection of the health, safety and
welfare of the inhabitants of the neighborhood and the County.The attached Conditions of
Approval and Development Standards ensure the protection of the health, safety and
welfare of the inhabitants of the neighborhood and the County.
h. Section 47--The applicant shall comply with the additional requirements of the Livestock
Feeding Performance Standards.
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.
This application has been determined to be in compliance with the proposed Amendment 24 to the Colorado
Constitution of a new article XXVIII, as development of land is consistent with a valid development
application which had been filed as of September 13, 2000 pursuant to proposed Article XXVIII 9 (2).
The Planning Commission's recommendation for approval is conditional upon the following:
1. The attached Development Standards for the Special Review Permit shall be adopted and placed
on the Special Review Plat prior to recording the plat. The completed plat shall be delivered to the
Department of Planning Services and be ready for recording in the Weld County Clerk and
Recorder's Office within 30 days of approval by the Board of County Commissioners. (Department
of Planning Services)
2. Prior to recording the plat:
RESOLUTION, USR-1288
Mike Goss
Page 3
A. Any existing septic system(s) which is not currently permitted through the Weld County
Department of Public Health and Environment, Environmental Health Services will require
an I.S.D.S.evaluation prior to the issuance of the required septic permit(s).The review shall
consist of an observation of the system and an evaluation of the systems ability to handle
the proposed hydraulic load. In the event the system(s) is found to be inadequate, the
system(s)must be brought into compliance with current Individual Sewage Disposal System
regulations. (Department of Public Health and Environment)
B. The applicant shall provide to the Weld County Department of Planning Services a copy of
the access permit issued by the Colorado Department of Transportation (CDOT) which
grants access to West 28'Street, or written evidence that the applicant has complied with
the requirements of the Colorado Department of Transportation (CDOT). (Depts. of Public
Works and Planning Services)
C. The plat shall be amended to include all criteria as listed in Section 24.7.4 of the Weld
County Zoning Ordinance. (Dept. of Planning Services)
D. The plat shall be amended to identify a sixty (60)foot turning radius between the garage
and the horse barn. This clear area shall accommodate a turnaround for trucks with horse
trailers utilizing the site. There will be no parking allowed in this clear zone. Additional
parking shall be identified south of the garage and adjacent to the property line. Both areas
shall be identified on the plat. (Dept. of Public Works)
E. The applicant shall attempt to address the requirements of the City of Greeley as stated in
the referral response received September 27, 2000. Evidence of such shall be submitted
in writing to the Weld County Department of Planning Services.
3. Prior to operation:
A. In accordance with Section 3.1 of the Weld County Individual Sewage Disposal System
Regulations a toilet and sewage disposal system shall be provided for patrons of the `acility.
1) In the event the facilities available in the existing home,or any other existing on-site
facilities,will serve patrons of the site the septic system serving the structure shall
be reviewed by a Colorado Registered Professional Engineer. The review shall
consist of an observation of the system and an evaluation of the systems ability to
handle the proposed hydraulic load. In the event the system(s) is found to be
inadequate, the system(s)must be brought into compliance with current Individual
Sewage Disposal System regulations. (Dept. of Public Health and Environment)
2) In the event a new septic system will be installed to serve patrons of the facility the
system shall be designed by a Colorado Registered Professional Engineer
according to the Weld County Individual Sewage Disposal Regulations. (Dept_ of
Public Health and Environment)
B. The application shall inform the Milliken Fire Protection District that the use will be occurring
on the site. (Dept. of Planning Services)
4. 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)
RESOLUTION, USR-1288
Mike Goss
Page 4
Motion seconded by Michael Miller.
VOTE:
For Passage Against Passage Absent
Cristie Nicklas .Arlan Marrs
Fred Walker
John Folsom
Michael Miller
Bryant Gimlin
Jack Epple
Stephen Mokray
Cathy Clamp
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, Trisha Swanson, 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 October 17, 2000.
Dated the 17' of October, 2000.
L
Trisha Swanson CJ
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Mike Goss, do AgPro Environmental Services, LLC
USR-1288
1. The Site Specific Development Plan and Special Use Permit is for an Agricultural Service
Establishment (Animal Training and Boarding) in the A (Agricultural)Zone District, as indicated in
the application materials on file in the Department of Planning Services and subject to the
Development Standards stated hereon. (Dept. of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County
Zoning Ordinance, as amended. (Dept. of Planning Services)
3. Fugitive dust shall be confined to the site. (Dept. of Public Health and Environment)
4. All liquid and solid waste (as defined in the Solid Wastes Disposal Sites and Facilities Act 30-20-
100, C.R.S., as amended)shall be stored and removed for final disposal in a manner that protects
against surface and groundwater contamination. (Dept. of Public Health and Environment)
5. No permanent disposal of solid wastes, shall be permitted at this site. (Dept. of Public Health and
Environment)
6. The facility shall maintain compliance with Confined Animal Feeding Operations Control Regulations
(5 CCR 1002-19) and, Sections 45 and 47 of the Weld County Zoning Ordinance, as amended.
(Dept. of Public Health and Environment)
7. 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 (Dept. of Public Health and Environment)
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. 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 the Confined Animal
Feeding Operations Control Regulation(5 CCR 1002-19). (Dept.of Public Health and Environment)
9. The facility shall be operated in a manner to control odor. 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 meet or exceed the level of fifteen-to-one dilution threshold, as measured
pursuant to Regulation 2 of the Colorado Air Pollution Control Regulations, or in the judgement of
the Weld County Health Officer,there exists an odor condition requiring abatement. (Dept of Public
Health and Environment)
10. The facility shall be operated in a manner to control flies. 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 judgement of the Weld County Health Officer, there
exists a fly condition requiring abatement. (Dept. of Public Health and Environment)
11. There shall be no burning conducted at the site, with exception to burning defined as"agricultural
open burning" as defined by Regulation No. 1 of the Colorado Air Quality Control Commission
Regulations. (Dept. of Public Health and Environment)
12. The site shall be limited to 40 animal units. (Dept. of Planning Services)
13. The facility shall be operated during daylight hours except in the case of emergency. (Dept of
Planning Services)
14. All construction on the property shall be in accordance with the requirements of the Weld County
Building Inspection Department. (Dept. of Planning Services)
15. The property owner or operator shall be responsible for complying with the Design Standards of
Section 24.5 of the Weld County Zoning Ordinance. (Dept. of Planning Services)
16. Effective December 1, 1999, Building Permits issued on the lots will be required to adhere to the
fee structure of the Windsor Service Area Road Impact Procram. (Ordinance 210) (Dept of
Planning Services)
17. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 24.6 of the Weld County Zoning Ordinance. (Dept. of Planning Services)
18. Personnel from the Weld County Departments oic Public Health and Environment and Planning
Services 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.
19. 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.
20. 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.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
October 17, 2000
Page 5
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes; Stephan Mokray, yes; Michael Miller, yes; Jack Epple, yes; Bryant Gimlin, yes; Cathy Clamp
yes; Fred Walker, yes; Cristie Nicklas, yes. Motion carried unanimously.
CASE NUMBER: USR-1290
APPLICANT: Nextel Communications
PLANNER: Lauren Light
LEGAL DESCRIPTION: SE4 SE4 of Section 18, Township 3 North, Range 66 West of the 6th P.M.
Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for a Major Facility of a Public.
Utility (Wireless Communication Facility).
LOCATION: North of and adjacent to WCR 32; approximately 1/2 mile east of SH 85.
Lauren Light,Planner,read the Department of Planning Services recommendation of approval into the record
Lauren noted that the antennas will be placed on an existing water tower with existing antennas.
Cathy Clamp asked if the antennas would be larger than the existing antennas. Lauren noted the applicani
would be able to answer that.
Fred Walker asked why Development Standard#8 allowed industrial noise levels. Sheble McConnelogue
Department of Public Health and Environment, noted that the past USR's for the same application have all
had this Development Standard. Sheble noted that this is usually for construction purposes.
Herb Quintana, Representative for Nextel Communications noted that the antennae would be similar to the
existing antennae on the water tower.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Herb Quintana noted that they are in agreement with the Development Standards and Conditions of Approvai.
Stephen Mokray moved to approve Case USR-1290 with the Conditions of Approval and Development
Standards, noting that the application was in compliance with the proposed Amendment 24. Michael Miller
seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes; Stephan Mokray, yes; Michael Miller, yes; Jack Epple, yes; Bryant Gimlin, yes; Cathy Clamp,
yes; Fred Walker, yes; Cristie Nickles, yes. Motion carried unanimously.
CASE NUMBER: USR-1288
APPLICANT: Mike Goss
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Part of the SE4 of the SW4 of Section 16, Township 5 North, Range 66
West of the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for an Agricultural Service
Establish (Animal Training and Boarding) in the Agricultural Zone District.
LOCATION: North of and adjacent to 28`" Street and approximately 800 feet west of 65"Avenue.
Sheri Lockman, Planner, presented Case USR-1288 and read the Department of Planning Services
recommendation of approval into the record. Sheri noted that the City of Greeley asked for denial of ihs
application, but the City of Greeley is not part of an IGA with Weld County. The applicant will be required To
attempt to address the concerns of the city.
Michael Miller asked if there would be any changes to the site from its current state.
[j. EXHIBIT
4tlatt
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
October 17, 2000
Page 6
Sharyn Frazer, AgPro Representative for the applicant, noted that Mr. Goss has been doing this on h:s
property for the past four years, he is just looking to protect his property for the future. Ms. Frazer noted that
this will allow Mr.Goss to continue training the animals he works with,that the cattle are for training purposes,
then fattened back up and sold.
Cristie Nicklas asked why Mr. Goss is doing this as a commercial permit, rather than keeping it private. Mike
Goss, Applicant, noted that he would like to keep the property in the same use when the city has surrounded
him, and that the USR will allow him to keep the animals he uses within the city limits. Michael Miller asked
if Mr. Goss only uses the animals for practice. Mr. Goss noted that he uses them to train his horses.
Cathy Clamp asked if he planned on using this for public performances,with heavy traffic or events. Mr Goss
noted that he does not plan on events on his property, that this is only for training of his animals.
Bryant Gimlin asked what problems the applicant has with the City of Greeley. Sharyn Frazer noted that the
City of Greeley wants Mr. Goss to pave his driveway and try to meet the City's animal unit requiremerts.
Cathy Clamp asked if Mr.Goss would have to lower his animal units if annexed. Tom Haren with AgPro noted
that if this application is approved, it would act like a non-conforming use, allowing Mr. Goss to continue in
his current capacity.
John Folsom asked if the only animals on premises would be in training or if there would be animals trailered
in for several days. Mr. Goss noted that he is not looking to be a horse boarder, he will board some animals
he is training, but that these animals would be on his site for 30-60 days.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Cristie Nicklas asked if the applicant is in agreement with the Development Standards and Conditions of
Approval. Sharyn Frazer indicated that the applicant is in accordance.
Bryant Gimlin moved that Case USR-1288, be forwarded to the Board of County Commissioners along with
the Conditions of Approval and Development Standards with the Planning Commissions recommendation of
approval, noting that the application was in compliance with the proposed Amendment 24. Michael Miller
seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes; Stephan Mokray, yes; Michael Miller, yes; Jack Epple, yes; Bryant Gimlin, yes; Cathy Clamp
yes; Fred Walker, yes; Cristie Nicklas, yes. Motion carried unanimously.
CASE NUMBER: USR-1289
APPLICANT: Terry Dye, Dyelands Dairy LLC
PLANNER: Julie Chester
LEGAL DESCRIPTION: Parts of the W2 of Section 5, T7N, R67W of the 6th P.M., Weld County.
Colorado.
REQUEST: Site Specific Development Plan and Use by Special Review Permit for an Agriculturai
Service Establishment primarily engaged in performing agricultural, animal husbandry, or
horticultural services on a fee or contract basis, including Livestock Confinement
Operations (4,000 head Dairy).
LOCATION: East of and adjacent to WCR 15; north of and adjacent to WCR 84.
Cristie Nicklas noted that the Planning Commission would take several minutes to look over the large packet
of letters that had just been handed to them.
Hello