HomeMy WebLinkAbout20002416.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant John Johnson Case Number USR-1282
Submitted or Prepared
Prior to At Hearing
Hearing
1 Planning Commission Resolution
2 Staff Comments X
3 Department of Planning Services field check form X
4 Letter to Applicant X
5 Legal Notifications (2 pages) X
6 Application (58 pages) X
7 Referral list X
8 Unknown referral received 07/20/00 X
9 Weld County Extension Office referral received 08/07/00 X
10 Lyco Energy referral received 08/15/00 X
11 Weld County Public Works referral received 08/04/00 X
12 Weld County Department of Public Health and Environment X
referral received 07/26/00 (4 pages)
13 Office of the State Engineer, Division of Water Resources X
referral received 07/24/00
14 Weld County Building Inspection referral received 07/17/00 X
15 Weld County Zoning Compliance referral received 07/13/00 X
16 8 1/2 X 11 maps (9 pages) X
17 Deed X
18 Certificate of Conveyance X
19 Surrounding Property Owners (23 pages) X
20 North Weld County Water District water letter(2 pages) X
21 Septic permit application dated 08/06/75 X
22 Soil Survey X
23 Sign posting photo taken on 08/25/00 X
23 Items submitted at planning commission
I hereby certify that the 23 items identified herein were submitted to the Department of Planning Services at
or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to es(the Clerk to the Board's office.
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EXHIBIT Julie A. Chester + Current Planner
0 2000-2416
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COLORADO
Case Number: USR-1282 Hearing Date: September 5, 2000
Applicant: John Johnson, 23016 WCR 74, Eaton, CO 80651
c/o AgPro Environmental Services, LLC (Sharyn Frazer), 2057 Alpine Sky Drive,
Berthoud, CO 80513
Address: 23016 WCR 74, Eaton, CO 80651
Request: A Site Specific Development Plan and a Special Review Permit for an Agricultural
Service Establishment primarily engaged in performing agricultural, animal
husbandry, or horticultural services on a fee or contract basis, including Livestock
Confinement Operations (11,240 head of cattle and 20 horses)
Legal Description: Lot B of AmRE-499, being part of the NW4 of Section 1, T6N, R65W of the
6th P.M., Weld County, Colorado
Location: East of and adjacent to WCR 47, South and adjacent to WCR 74,
approximately four (4) miles east of the Town of Eaton
Size of Parcel: 136.6 acres
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Section 24.3 of the Weld County
Zoning Ordinance.
The Department of Planning Services' staff has received responses from the following agencies:
• Weld County Extension Office, referral received 08/07/00
• Weld County Department of Public Works, referral received 08/04/00
• Weld County Department of Public Health and Environment, referral received 07/26/00
• State of Colorado, Office of the State Engineer, Division of Water Resources, referral
received 07/24/00
• Weld County Department of Building Inspection, referral received 07/17/00
• Weld County Zoning Compliance, referral received 07/13/00
Johnson,USR-1282,Page 1 EXHIBIT
SPECIAL REVIEW PERMIT
�/•�� ADMINISTRATIVE REVIEW
Wilk
COLORADO
PLANNER: Julie A. Chester HEARING DATE: September 5, 2000
CASE NUMBER: USR-1282
APPLICANT: John Johnson, 23016 WCR 74, Eaton, CO 80651
c/o AgPro Environmental Services, LLC (Sharyn Frazer), 2057 Alpine Sky Drive,
Berthoud, CO 80513
ADDRESS: 23016 WCR 74, Eaton, CO 80651
REQUEST: A Site Specific Development Plan and a Special Review Permit for an Agricultural
Service Establishment primarily engaged in performing agricultural, animal
husbandry, or horticultural services on a fee or contract basis, including Livestock
Confinement Operations (11,240 head of cattle and 20 horses)
LEGAL DESCRIPTION: Lot B of AmRE-499, being part of the NW4 of Section 1, T6N, R65W
of the 6th P.M., Weld County, Colorado
LOCATION: East of and adjacent to WCR 47, South and adjacent to WCR 74, approximately
four (4) miles east of the Town of Eaton
SIZE OF PARCEL: 136.6 acres
PARCEL NUMBER: 0803-01-000056
THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS
REQUEST BE APPROVED 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, as amended.
2. It is the opinion of the Department of Planning Services's staff that the applicant has shown
compliance with Section 24.3 of the Weld County Zoning Ordinance, as amended, 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 majority of this property are
Johnson, USR-1282,Page 2
designated "irrigated, not prime" and a small strip through the center of the parcel
as "prime". 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 permitted 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. Uses on adjacent properties are primarily
agricultural, including farmed fields and pasture lands. There is a Site Specific
Development Plan and Special Review Permit on the adjacent property to the east,
for a commercial vehicle repair business (USR-1100), which was approved in 1995.
Feeding operations have been occurring on the subject property since at least 1973
under SUP-201 and SUP-450. Originally, SUP-201 was approved for 9000-11,000
head of lambs and 500-1000 head of cattle. The permit was revised in 1975 to
include 480 hogs. In 1980, the applicant applied for a new permit (SUP-450) for a
swine operation and limited the number of hogs to 1500, at any one time. Although
it appears that these permits were for approximately the same legal description, the
original permit (SUP-201) was never vacated. The uses of a feedlot, including
cattle, have been occurring on the property since at least 1973, according to
Department of Planning Services records. It appears that the use of a feedlot will
continue to be compatible with existing surrounding land uses. Conditions of
Approval and Development Standards will ensure that any incompatibilities will be
mitigated.
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 not within a three mile referral area of any
town. The Town of Eaton is approximately four miles west of this proposal.
e. Section 24.3.1.5-- This proposal does not lie within any Overlay Districts.
f. Section 24.3.1.6--If the use is proposed to be located in the A-District, the applicant
shall demonstrate a diligent effort to conserve prime agricultural land in the
locational decision for the proposed use. This property is designated as "irrigated,
not prime" farm ground and "prime" as designated on the U.S.D.A. Soils Map. The
area of the property designated as prime farmground is a very small portion of the
property, and the majority of the dairy is on the "other lands". The dairy is an
existing facility, which does not take any prime farmground out of production.
Johnson, USR-1282,Page 3
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.
The Department of Planning Services' staff 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:
A. A letter shall be submitted by the property owner requesting the vacation of both
SUP-201 and SUP-450. (Department of Planning Services)
B. The facility shall demonstrate compliance with the Confined Animal Feeding
Operations Control (CAFO) Regulation and the additional requirements outlined
below. This shall be demonstrated by submitting a comprehensive manure and
waste water management plan, for a 11,240 head feedlot (and up to 20 horses), to
the Weld County Department of Public Health and Environment for review and
approval. This plan shall include, but not be limited to the following:
(1) Demonstration that all manure stockpile areas and waste water collection,
conveyance, and retention facilities are adequately sized and constructed
to handle and retain the storm water run-off generated from a twenty-five
year, twenty-four hour storm event. This shall be conducted by a Colorado
Registered Professional Engineer. (Department of Public Health and
Environment)
(2) Demonstration that any existing or proposed waste water retention structure
has been, or will be constructed in accordance with the criteria described in
the CAFO Regulations. The demonstration shall be conducted by a
Colorado Registered Professional engineer. (Department of Public Health
and Environment)
(3) A site map demonstrating the layout of the site. This should include the
locations of all pens, structures, feed storage areas, any water courses
Johnson, USR-I282,Page 4
through the property, manure storage areas, lagoons, etc. (Department of
Public Health and Environment)
(4) A surface contour map which demonstrates all surface water control
features on the site. This should include surveyed surface elevations,
indicate flow direction, run-on control features, etc. (Department of Public
Health and Environment)
(5) Demonstration that the facility has the ability to manage and/or land apply
manure and waste water at agronomic rates in accordance with the CAFO
regulations. (Department of Public Health and Environment)
(6) Demonstration that adequate measures are in place to prevent any
discharges except those which are allowed by the CAFO Regulations.
(Department of Public Health and Environment)
(7) Other necessary measures which are required in order to comply with the
CAFO Regulations. (Department of Public Health and Environment)
(8) A description of the types of records that will be maintained on the facility,
as required by the CAFO Regulations. (Department of Public Health and
Environment)
C. In accordance with CAFO, the applicant shall submit the facility's manure and waste
water management plan to the Colorado Department of Public Health and
Environment for review and comment. (Department of Public Health and
Environment)
D. A dust abatement plan shall be submitted to the Weld County Department of Public
Health and Environment for review and approval. (Department of Public Health and
Environment)
E. A fly control plan shall be submitted to the Weld County Department of Public
Health and Environment for review and approval. (Department of Public Health and
Environment)
F. An odor control plan shall be submitted to the Weld County Department of Public
Health and Environment for review and approval. (Department of Public Health and
Environment)
G. The Environmental Protection Services Division of the Weld County Department of
Public Health and Environment was unable to locate a septic permit for the septic
systems currently serving the existing home located on the property. Any existing
septic system(s) which is not currently permitted through the Weld County
Department of Public Health and Environment must be permitted. Each
unpermitted septic system will require an I.S.D.S. Evaluation prior to the issuance
of the required septic permit(s). In the event the system(s) is found to be
Johnson,USR-1282,Page 5
inadequate, the system(s) must be brought into compliance with current I.S.D.S.
regulations. (Department of Public Health and Environment)
H. The facility shall demonstrate that the existing lagoon has been constructed to meet
the Ground Water Protection Requirements described Section 81.4 of the CAFO
Regulations. (Department of Public Health and Environment)
The facility shall demonstrate compliance with Section 47 of the Weld County
Zoning Ordinance. (Department of Planning Services, Department of Public Health
and Environment)
J. The plat shall be amended to delineate the following:
1) All oil and gas equipment located on the property and a setback radius from
any existing wells or equipment. (Department of Planning Services)
2) An additional 20 feet of right-of-way reservation for the future build out of
Weld County Road 74.
Note: Weld County Road 74 is designated on the Transportation Plan Map
as an arterial status road, which requires a 100 foot right-of-way at full build
out. There is presently 60 foot of right-of-way. This road is maintained by
Weld County. Pursuant to the definition of setback in the Weld County
Zoning Ordinance, the required setback is measured from future right-of-
way line. (Department of Public Works)
3. Prior to the release of building permits:
A. Building permits are required before any buildings or structures are built, remodeled,
moved or demolished. Building permits shall be obtained before any excavation.
(Weld County Building Inspections)
B. All barns and storage sheds shall be reviewed by the Weld County Building
Department to determine whether a building permit or a Certificate of Compliance
is required. (Weld County Building Inspections)
C. The location, size and other matters regarding the storm water retention pond shall
be approved by the Weld County Department of Public Health and Environment and
other appropriate State agencies, if applicable. A building permit is required from
the Weld County Building Inspection Department. (Weld County Building
Inspections)
D. All electrical work shall be permitted and inspected. This includes, but is not limited
to, site lighting and pumping equipment used to move liquids. All electrical work
shall meet the requirements of the 1999 National Electrical Code (NEC). Wiring for
any livestock containment buildings shall meet the provisions of Article 547. (Weld
County Building Inspections)
Johnson,USR-1282,Page 6
E. Primary residences shall have an engineered foundation. The foundation shall be
based on a geotechnical report or an open hole inspection performed by a licensed
Colorado Engineer. (Weld County Building Inspections)
F. All buildings or structures shall maintain distances from property lines and adjacent
buildings as outlines in Section 503 and Table 5-A of the 1997 Uniform Building
Code (UBC). (Weld County Building Inspections)
G. Construction documents shall be submitted to the Galeton Fire District for their
review. (Weld County Building Inspections)
H. Additional requirements or changes may be required when building applications or
plans are reviewed by the Galeton Fire District or the Weld County Building
Inspection Department. (Weld County Building Inspections)
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)
Johnson, USR-1282,Page 7
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
John Johnson, c/o AgPro Environmental Services LLC
USR-1282
1. The Site Specific Development Plan and Special Use Permit is for an Agricultural Service
Establishment primarily engaged in performing agricultural, animal husbandry, or
horticultural services on a fee or contract basis, including Livestock Confinement
Operations (11,240 head of cattle and 20 horses) 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. (Department 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. (Department of Planning Services)
3. Fugitive dust 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)
4. All liquid and solid waste shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
5. 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)
6. The facility shall maintain compliance with Confined Animal Feeding Operations Control
Regulations (5 CCR 1002-19) and, Section 47 of the Weld County Zoning Ordinance, as
amended. (Department of Public Health and Environment)
7. This facility shall adhere to the maximum permissible noise levels allowed in the Light
Industrial Zone as delineated in 25-12-103 C.R.S., as amended. (Department of Public
Health and Environment)
8. Any required NPDES Permit shall be maintained in compliance with the Water Quality
Control Division of the Colorado Department of Public Health & Environment. (Department
of Public Health and Environment)
9. 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)
10. Waste materials, not specifically addressed by other development standards, shall be
handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and
other potential nuisance conditions. (Department of Public Health and Environment)
Johnson,USR-1282,Page 8
11. 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). (Department of Public Health and Environment)
12. The facility shall be operated in accordance with the approved odor abatement plan.
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. (Department of Public Health
and Environment)
13. A spillage retention berm shall be required around any fuel container with a volume greater
than 50 gallons. The volume retained by the spillage berm should be greater than the
volume of the largest tank inside the berm. (Department of Public Health and Environment)
14. The facility shall be operated in a manner to control flies. At all times, the facility shall be
operated in accordance 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)
15. Any septic system located on the property must comply with all provisions of the Weld
County Individual Sewage Disposal System Regulations. (Department of Public Health and
Environment)
16. 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. (Department of Public Health and Environment)
17. The facility shall be operated in accordance with the approved manure and waste water
management plan. (Department of Public Health and Environment)
18. The hours of operation are up to 24 hours per day, 365 days per year. Equipment
operations, trucks, farming activities and maintenance activities other than emergencies will
occur primarily during daylight hours. (Department of Planning Services)
Johnson, USR-1282, Page 9
19. All construction on the property shall be in accordance with the requirements of the Weld
County Building Code Ordinance, as amended. (Weld County Building Inspections)
20. The property owner or operator shall be responsible for complying with the Design
Standards of Section 24.5 of the Weld County Zoning Ordinance, as amended.
(Department of Planning Services)
21. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 24.6 of the Weld County Zoning Ordinance, as amended.
(Department of Planning Services)
22. Personnel from the Weld County Departments of 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.
23. 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.
24. 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.
Johnson, USR-1282, Page 10
Kit
OF PLANNING SERVICES
WIlDDEPARTMENT
OPHONE (970)353-6100, E04 3540
CFAX (970) 304-6498
1555 N. 17TH AVENUE
COLORADO GREELEY, COLORADO 80631
July 12, 2000
AgPro Environmental Services
do Sharyn Frazer
2057 Alpine Sky Dr.
Berthoud, CO 80513
Subject: USR-1282- Request for a Site Specific Development Plan and Special Review permit for an
Agricultural Service Establishment primarily engaged in performing agricultural, animal
husbandry,or horticultural services on a fee or contract basis, including: Livestock Confinement
Operations (Dairy) on a parcel of land described as Lot B of AmRE-499, being part of the NW4
of Section 1, Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado.
Dear :
Your application and related materials for the request described above are being processed. I have scheduled
a meeting with the Weld County Planning Commission for September 5,2000, at 1:30 p.m. This meeting will
take place in Room 210, Weld County Planning Department, 1555 N. 17th Avenue, Greeley, Colorado. It is
recommended that you and/or a representative be in attendance to answer any questions the Planning
Commission members may have.
A representative from the Department of Planning Services will be out to the property a minimum of ten days
prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which
identifies the hearing time,date,and location. In the event the property is not adjacent to a publicly maintained
road right-of-way, one sign will be posted in the most prominent place on the property and a second sign
posted at the point at which the driveway(access drive) intersects a publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to the
Weld County Planning Commission. This recommendation will be available twenty-four(24)hours before the
scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services'office
before the Planning Commission hearing to make arrangements to obtain the recommendation.
If you have any questions concerning this matter, please call.
Respectfully,
1 p � i
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—�Ulie Chester
Planner
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FIELD CHECK inspection date: 08/25/00
CASE NUMBER: USR-1282
APPLICANT: John Johnson
LEGAL DESCRIPTION: Lot B of AmRE-499, being part of the NW4 of Section 1,
T6N, R65W of the 6th P.M., Weld County, Colorado
LOCATION: South of and adjacent to Weld County Road 74, East of and adjacent to
WCR 47, approximately 4 miles east of Eaton
Zoning Land Use
N A (Agricultural) N Farm field, corn, residence -- 1/4 mile away
E A(Agricultural) E Three residences adjacent to feedlot, USR- 1100
(commercial car repair) not in compliance
S A (Agricultural) S Farm fields, two residences -- 1/2 mile away
W A (Agricultural) W Farm fields, Residence -- 1/2 mile away
COMMENTS: Two derelict vehicles on site, the feedlot itself is fairly clean. There
is an area for feedstuffs in large piles (not enclosed). The day of the inspection it
was windy and there was some dust from the feedstuffs. There are currently cattle
and a few horses on the property. There is an existing house, several outbuildings
and corrals. The feedlot has existed at this site since 1973 and appears to be
compatible for this area.
u ie A. Chester, Lead Planner
EXHIBIT
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