HomeMy WebLinkAbout820503.tiff RESOLUTION
RE: APPROVAL OF USE BY SPECIAL REVIEW FOR A LIVESTOCK CONFINE-
MENT OPERATION FOR CATTLE - H. A. SCHNEIDER
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, the Board of County Commissioners held a public
hearing on the 17th day of November, 1982, at the hour of 2 : 00
o'clock p.m. in the Chambers of the Board for the purpose of
hearing the application of H. W. Schneider, c/o Ken Lind, P. O.
Box 326, Greeley, Colorado 80632, for a Use by Special Review
for a livestock confinement operation for cattle, on the follow-
ing described real estate, to-wit:
Part of the NWa of Section 11, T6N, R66W
of the 6th P.M. , Weld County, Colorado
WHEREAS , Section 24. 4. 2 of the Weld County Zoning Ordinance
provides standards for review of said Use by Special Review, and
WHEREAS, the Board of County Commissioners heard all of the
testimony and statements of those present, hasstudied the request
of the applicant and the recommendations of the Weld County Plan-
ning Commission and all of the exhibits and evidence presented
in this matter, and having been fully informed, finds that:
1. The submitted materials are in compliance with the appli-
cation requirements of Section 24. 7 of the Weld County
Zoning Ordinance.
2. It is the opinion of the Board of County Commissioners
that the applicant has shown compliance with Section
24. 4. 2 of the Weld County Zoning Ordinance as follows :
a) The proposal is consistent with the Comprehensive
Plan in that policies of the plan promote agri-
businesses so long as they do not create negative
impacts on the environment or the County. No such
impacts have been identified with this proposal.
The proposal is consistent with the intent of the
Agricultural Zone District. The use is both com-
patible with existing agricultural activity and with
land use which is contemplated to be agricultural
in the Comprehensive Plan.
b) The Town of Eaton has no objections to this proposal.
820503
X7111\'�
Page 2
RE: USR - H. A. SCHNEIDER
c) No overlay districts affect the site. Operation and
design standards provide adequate protection of the
health, safety and welfare of the neighborhood and
the County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the application for a
Use by Special Review for a livestock confinement operation for
cattle on the hereinabove described parcel of land be, and hereby
is, granted subject to the following conditions:
1. The attached Standards for Use by Special Review be
adopted.
2. The plat for the Use by Special Review Permit be placed
on record by the Department of Planning Services staff
prior to any building permits being issued on the site.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 17th day of
November, A.D. , 1982.
tfla BOARD OF COUNTY COMMISSIONERS
ATTEST: �� �'' ‘k vti • B
WELD COUNTY, COLORADO
Weld County Clerk and Recorder iitectJ ,— )b."7-df
and Clerk to the Board\ J nn T. Martin, Chairman
e .
By:,f f -,. 2..t ' v ,,-'`yZ c,,J4_A c� �f/
Deputy County Clerk C uck Car son, Pro-Tem
AbPROVED AS TO FORM: EXCUSED
/ Norman Carlson
/
/116
/ �1G/,•-tip 1 L
County Attorne . W. Ki �,
e K. S inmark
DATE PRESENTED: November 22 , 1982
NOTICE
Pursuant to the zoning laws of the State of Colorado and the Weld
County Zoning Ordinance, a public hearing will be held in the
Chambers of the Board of County Commissioners of Weld County, Colorado,
Weld County Centennial Center., 915 10th Street, Greeley, Colorado,
at the time specified. All persons in any manner interested in the
Use By Special Review are requested to attend and may be heard.
BE IT ALSO KNOWN that the text and maps so certified by the Weld
County Planning Commission may be examined in the office of the
Clerk to the Board of County Commissioners, located in the Weld
County Centennial Center, 915 10th Street, Third Floor, Greeley,
Colorado.
DOCKET NO. 82-68 APPLICANT
H. A. Schneider
c/o Kenneth Lind
P . O. Box 326
Greeley, CO 80631
DATE: November 17 , 1982
TIME: 2 : 00 P.M.
REQUEST: Use By Special Review - Livestock confinement operation for
cattle
LEGAL DESCRIPTION
Part of the NWa of Section 11, T6N , R66W of the 6th P.M. , Weld
County, Colorado.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY : MARY ANN FEUERSTEIN
WELD COUNTY CLERK AND RECORDER
AND CLERK TO THE BOARD
BY : Bette M. Foose, Deputy
DATED : October 13 , 1982
PUBLISHED : October 21, 1982 in the LaSalle Leader
Affidavit of Publication
STATE OF COLORADO, 1
ss.
County of Weld, 1
r. /7//B -l/.O4,_.09/ of
�S...‘. ti,w ,...,,,,,,-/-1t*A
said County of Weld, being duly-sworn, say that
r — I am publisher of-14 that the same is a weekly newspaper of general
circulation ynd, prin d an - published in the
town of �l'.� Q %/l_/�o i
, in said county and state: that the notice or adver-
:= ..,,t. ,,
tisemen4 of which the annexed is a true copy,
has been published in scid weekly newspaper
i11� MfRld"
0MAb', ' for / _consecutive
M, ,14,
31
"1 weeks that the notice v:as published in the
- o regular and entire issue of every number of said
newspaper during the period and time at puhli
radar 1 t. cation of said notice and in the newspaper
, proper and not in a supplement thereof; That the
DOS!*ilt"St first publication of said notice was contained in
AP'►LICAI�T 'tz the issue of said newspaper bearing date, the
.Otani. C. day of L//�— , A.D., 19 47-2
s aLbitf , �#A and the last publication tnereol in the issue of
Ghlfl - said-newspaper bearing date, the 42,1/42,1/ day at
OAT .. a e. 19 a'j that the said
TI
. .- sj1n62 YNKi#'Ipvine- -_ !?i - b/� P.- ,a,a.I/
IYMit tlan has been
0*1' , published continuously and uninterrupt-
edly during the period of at least fiftytwo con-
Y uI ,. Tµ" - secutive weeks next prior to the first issue thereof
Rµy �w containing said notice or advertisement above
air $a n z$ referred to; and that said newspaper was at the
time of each of the publications of said notice,
duly qualified for that purpose within the mean
I .00OU$TW' ing of an act, entitled, "An Act Concerning Legal
SY
Oy:.*O,Y /k, OU T'b1U' Notices, Advertisements and Publications, and
` ne .lrNN the Fees of Printers and Publishers thereof, and
LLO RKTDiM }OdIRO` to Repeal all Acts and Parts of Acts in Conflict
with the Provisions of this Act," approved Aoril 7.
O'*Me JM.tbaall 0.ty 1921. and all amendments thereof, and particu•
DATED October 13,012 larly as amended by an act approved, March 30.
1923, and an-_act approved May 18, 1931.
Published in the Le Salle Leader
(--
Thursday,October 21, Ard27:rairer
publisher
Subscribed an�sw�orn to before me this At
day of __.__-�'/✓�/-1 _..-._..._...._, AD,D,119.�Z-rAi4ned-44:0115 My commission expires f'--2-._=G
Notary Public
Affidavit of Publication
STATE OF COLORADO
ss.
County of Weld,
I, Paula A. Barton of
said County of Weld, being duly sworn, say that I am
an advertising derk of
THE GREELEY DAILY TRIBUNE, and
THE GREELEY REPUBLICAN
that the same is a daily newspaper of general
circulation and printed and published in the City of
Greeley, in said county and state; that the notice or
advertisement, of which the annexed is a true copy, has
been published in said daily newspaper for consecutive
(days) 6a7eeksd; that the notice was published in the
regular and entire issue of every number of said
ben'o,thp e*{dpf Coq int newspaper during the period and time of publication of
mUaioMr 0, aim i�Gor
m ,cja. said notice, and in the newspaper proper and not in a
Hier' 5 et;'Qra' ,Col-
.radv. At tell se*ma; All supplement thereof; that the first publication of said
t ax/oa rdnte ed In
tin Ise. song ROWS*
re" notice was contained in the issue of said newspaper
went ahem �3d DU be bearing date
BE IT ALSO KNOWN hat the
text and Me so certifle by the'.
W+tgcwedr�4in Com)marlon Twentieth
Wit
• be i In the *Nice of
COMM YP"NP 'a,Waandl Rwwne day of October A.D. 19 82 '�
county Stein Centeto t 10th'
e7ratlo', Win P{oul, Orallfq', col- and the last publication thereof; in the issue of said
DOCKET NO.:a&6! newspaper bearing date the
APPLICANT:H,A.,4chnelclor,
U!*Kenneth Lind
Prd•boy 78eto• Twentieth
D T ; IW,L"�it"87 b 82 ti16t� 7:p1P.M. day of October A.D. 19 ;
REQUEST Use BWppttIal Review
—Livestock confinement` opera- that said The Greeley Daily Tribune and The Greeley
henGAI fO EScR Republican, has been published continuously and
PeLEGAL t f the•NWT N: W eP
TON,r 1464W of tm 6th P.Mi.of oWen ld uninterruptedly during the period of at least six
DATED:O months next prior to the first issue thereof contained
October 17,1H7
BOARDOFCO said notice or advertisement above referred to;that said
COMMISSIONERSOCU
WELD COUNTY,COLORADO,BY:-MARY ANN FEUERBTEIN PP news a et` has been admitted to the United States
wAEtg1, cov�rrY i4FRK mails as second-class matter under the provisions of the
'. ANOR COPQ�i I APr
Act of March 3, 1879, or any amendments thereof; and
that said newspaper is a daily newspaper duly qualified
for publishing legal notices and advertisements within
the meaning of the laws of the State of Colorado.
October 20, 1982
Total charge: $13.92
0
c:\ ......S_._ :. L:k��c>, ,. A c .-.
Advertising Clerk
Subscribed and sworn to before me this
20th of October A.D. 19 82
My co missio expiMs rnn^,isvon pirps F"bn,nry G8, i9tsc
4at /9- ea7feeiJ
Notary Public
BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSION
UY7
Date October 5, 1982 Case No. USE # 529:82:44 C
00 V
APPLICATION OF H. A. Schneider Si
""7 N
ADDRESS c/o Kenneth Lind P.O. Box 326 Greele Colorado
Moved by Bob Ehrlich that the following resolution be
for passage by the Weld County Planning Commission:
Be it Resolved by the Weld County Planning Commission that the application for
Livestock Confinement Operation for Cattle located on the following described
property in Weld County, Colorado, to-wit:
Part of the NW' of Section 11, T6N, R66W of the 6th P.M. , Weld County, Colorado.
be recommended (favorably) (WOnORDWUPO to the Board of County
Commissioners for the following reasons:
The Weld County Planning Commission recommends that this request be
approved for the following reasons:
- The submitted materials are in compliance with the application
requirements of Section 24.7 of the Weld County Zoning Ordinance;
- It is the opinion of the Planning Commission that the applicant
has shown compliance with Section 24.3.1.1 of the Weld County
Zoning Ordinance as follows:
- The proposal is consistent with the Comprehensive Plan in
that policies of the plan promote agri-businesses so long
as they do not create negative impacts on the environment
Motion seconded by Jack Holman
Vote:
For Passage Fred Otis Against Passage
Jack Holman
Bob Ehrlich
Ed Reichert
Jerry Kiefer
The Chairman declared the Resolution passed and ordered that a certified copy be
forwarded with the file of this case to the Board of County Commissioners for
further proceedings.
CERTIFICATION OF COPY
I, Robbie Good , Recording Secretary of 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 5. 1982 and recorded in Book No. VIII of the
proceedings of the said Planning Commission.
Dated the 6th day of October , 1982 •
oar 0\ooa
Secretary
USR-529:82:44
H. A. Schneider
Livestock Confinement Operation for Cattle
NWT, Section 11, T6N, R66W of the 6th P.M. , Weld County, Colorado
Page 2
or the County. No such impacts have been identified with
this proposal. The proposal is consistent with the
intent of the Agricultural Zone District. The use is
both compatible with existing agricultural activity and
with land use which is contemplated to be agricultural in
the Comprehensive Plan.
- The town of Eaton has no objections to this proposal.
- No overlay districts affect the side. Operation and design
standards provide adequate protection of the health, safety
and welfare of the neighborhood and the County.
The following conditions are felt necessary for the proposal:
- The attached standards for use by special review be adopted:
- The plat for the use by special review permit be placed on
record by the Department of Planning Services staff prior to
any building permits being issued on the site.
RA:rg
STANDARDS FOR USE BY SPECIAL REVIEW
USR-529:82:44
H. A. Schneider
1. The total stock population shall be ten thousand (10,000) head, as
described in the submitted application materials.
2. No runoff associated with the subject operation as allowed by the
Use by Special Review Permit shall be allowed to flow off the
property of the owner and/or operator onto the land of surrounding
property owners without their written consent.
3. A National Pollution Discharge Elimination System Permit shall be
obtained by the owner and/or operator before any runoff from the
Use by Special Review operation can enter the #2 Ditch or the Lucas
Lateral Ditch.
4. Design Standards for Uses by Special Review, Section 24.5 et seq.
of the Weld County Zoning Ordinance shall be complied with.
5. Operations Standards for Uses by Special Review, Section 24.6 et
seq. of the Weld County Zoning Ordinance shall be complied with.
6. The Use by Special Review shall be limited to the plans shown
hereon and governed by the Standards stated above, and all applic-
able Weld County Regulations. Any material deviations from the
plans and/or Standards as shown or stated above shall require the
approval of an amendment of the Permit by the Weld County Planning
Commission and the Board of County Commissioners before such changes
from the plans and/or Standards are permitted. Any other changes
shall be filed in the office of the Department of Planning Services.
7. The property owner and/or operator of this operation shall be
responsible for complying with all of the above stated Standards.
Noncompliance with any of the above stated Standards may be reason
for revocation of the Permit by the Board of County Commissioners.
RA:rg
Date: October 5. 1982
CASE NUMBER: USR-529:82:44
NAME: H. A. Schneider
REQUEST: Livestock Confinement Operation for rattle
LEGAL DESCRIPTION: NW4, Section 11, T6N, R66W of the 6th P.M. . Weld County. Colorado
LOCATION: 3 miles west and 1.5 miles south of the town of Eaton
THE DEPARTMENT OF PLANNING SERVICE'S STAFF RECOMMENDS THAT THIS REQUEST BE
approved FOR THE FOLLOWING REASONS:
The Department of Planning Services staff recommends that this request
be approved for the following reasons:
- The submitted materials are in compliance with the application
requirements of Section 24.7 of the Weld County Zoning Ordinance;
It is the opinion of the Department of Planning services staff that the
applicant has shown compliance with Section 24.3.1.1 of the
Weld County Zoning Ordinance as follows:
The proposal is consistent with the Comprehensive Plan in
that policies of the plan promote agri-businesses so long
as they do not create negative impacts on the environment
or the County. No such impacts have been identified with
this proposal. The proposal is consistent with the
intent of the Agricultural Zone District. The use is
both compatible with existing agricultural activity and
with land use which is contemplated to be agricultural in
the Comprehensive Plan.
- The town of Eaton has no objections to this proposal.
- No overlay districts affect the side. Operation and design
standards provide adequate protection of the health, safety
and welfare of the neighborhood and the County.
The following conditions are felt necessary for the proposal:
- The attached standards for use by special review be adopted:
- The plat for the use by special review permit be placed on
record by the Department of Planning Services staff prior to
any building permits being issued on the site.
RA:rg
STANDARDS FOR USE BY SPECIAL REVIEW
USR-529:82:44
H. A. Schneider
1. The total stock population shall be ten thousand (10,000) head, as
described in the submitted application materials.
2. A National Pollution Discharge Elimination System Permit shall be
obtained by the owner and/or operator before any runoff from the
Use by Special Review operation can enter the #2 Ditch or the Lucas
Lateral Ditch.
3. Design Standards for Uses by Special Review, Section 24.5 et seq.
of the Weld County Zoning Ordinance shall be complied with.
4. Operations Standards for Uses by Special Review, Section 24.6 et
seq. of the Weld County Zoning Ordinance shall be complied with.
5. The Use by Special Review shall be limited to the plans shown
hereon and governed by the Standards stated above, and all applic-
able Weld County Regulations. Any material deviations from the
plans and/or Standards as shown or stated above shall require the
approval of an amendment of the Permit by the Weld County Planning
Commission and the Board of County Commissioners before such changes
from the plans and/or Standards are permitted. Any other changes
shall be filed in the office of the Department of Planning Services.
6. The property owner and/or operator of this operation shall be
responsible for complying with all of the above stated Standards.
Noncompliance with any of the above stated Standards may be reason
for revocation of the Permit by the Board of County Commissioners.
RA:rg
CASE SUMMARY SHEET
Case Number: USR-529:82:44
Size of Parcel: 156 acres, more or less
Request : Livestock Confinement Operation for Cattle
Staff Member to Contact: Rod Allison
Possible Issues Summarized from Application Materials:
This case amends and expands USR-480:81:26. The representatives of the
Lucas Lateral Ditch are working with the applicants representative on
the ditch concerns (see letter dated September 23, 1982) .
The proposed tailwater pond and a sump to carry excess storm and other
drain off from cattle corrals is a possible discussion topic (see
letter dated August 21, 1982) .
RA:rg
FIELD CHECK
FILING NUMBER: U.S.R. 480 DATE OF INSPECTION: 11/10/81
NAME: H.A. Schneider & H.A. Schneider Jr.
REQUEST: use by special review, proposed use is cattle feedlot
LEGAL DESCRIPTION: NW* of Section 11, ThN, 1466W
LAND USE: N Agriculture
E Agriculture
S Agriculture
W Agriculture
ZONING: N Agriculture
LOCATION: 3 Hiles west and lz miles south E Agriculture
of Eaton S Agriculture
W Agriculture
COMMENTS:
The present site is used for agricultural production services. There is no slope
to the site. The lucas lateral irrigation ditch runs across property. The proposed
feedlots are located east of the residence.
BY: Rod Allison
Current Planner
APPLICATION
USE BY SPECIAL REVIEW •
Department of Planning Services, 915 Tenth Street, Greeley, Colorado
Phone - 356-4000 - Ext. 400
Case Number U%R - 5Zq . t •44 Date Received
Application Checked by eff\-Li
Application Fee 1\ 155.0() Receipt Number 12_4;84\
Recording Fee Receipt Number
TO BE COMPLETED BY APPLICANT: (please print or type, except for necessary
signature)
I (we) , the undersigned, hereby request hearings before the Weld County Planning
Commission and the Weld County Board of County Commissioners concerning the pro-
posed Special Review Permit of the following described unincorporated area of
Weld County Colorado:
LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: S1/2 of N W1/4Section 11
T 6 N, R 66 W
LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit
is proposed: N W1/4 Section 11 T 6 N, R 66 W
Property Address (if available) 34534 Weld Co. Road 33, Greeley
PRESENT ZONE A OVERLAY ZONES
TOTAL ACREAGE app. 156
PROPOSED LAND USE farming and cattle feeding operation
EXISTING LAND USE farming and cattle feeding operation
SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR REZONING:
Name: Henry A. Schneider
Address: 2707 Reservoir Road City Greeley Zip 80631
Home Telephone # 330-2707 Business Telephone #
Name: Hurle Allen Schneider
Address: 34534 Weld Co. Road 33 City Greeley zip 80631
Home Telephone # 454-2611 Business Telephone # same
Name
Address: City Zip
Home Telephone # Business Telephone #
APPLICANT OR AUTHORIZED AGENT (if different than above) :
Name:
Address: City Zip
Home Telephone # Business Telephone #
Owner(s) and/or lessees of mineral rights on or under the subject properties
of record in the Weld County Assessor's Office:
Name: Henry A. Schneider and Hurle Allen Schneider
Address:34534 WCR 33 City Greeley zip 80631
Name:
Address: City Zip
Name:
Address: City Zip
I hereby depose and state under the penalities of perjury that all statements,
proposals and/or plans submitted with or contained within this application are
true and correct to the best of my knowledge.
'L
COUNTY OF WELD ,Q`//�}411/AZ.. k.�/
STATE OF COLORADO ) v �`'�'/ ' ` 0 `^
(.C.t i d 17
Signatur Owner or Authorized Agent
• Ta
Subscribed and st:'orn to before me this day of S a� 19 '9 'a.
SEAL
ITARY PUBLIC 1011 1 I^n Fn Art -4) ,C 0
My corrnisaion expires c71--. c) \ c, (L(
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KENNETH F. LIND THE LAW BUILDING
GEORGE H. OTTENHOFF 1011 ELEVENTH AVENUE
P.O.BOX 326
ATTORNEYS AT LAW GREELEY, COLORADO 80632
TELEPHONE(303)3532323
September 2, 1982
Weld County Department of Planning Services
915 Tenth Street
Greeley, Colorado 80631
Re: Schneider Use by Special Review
Application
Gentlemen:
Pursuant to applicable Sections of the Weld County Zoning Ordinance,
attached to this letter are supporting documents, maps and fees for considera-
tion by your office of a request for a Use by Special Review concerning a
feedlot and feeding operation in the NW1/4 of Section 11, Township 6 North,
Range 66 West, Weld County, Colorado.
Approximately one year ago, the planning staff, planning commission and
Weld County Commissioners approved an amendment to a Special Use Permit for
the Schneider feedlot. That amendment provided for the construction of eleven
pens to hold an additional 3,000 head of cattle. The amendment plus existing
feed pens brought the total capacity of the Schneider feedlot to 5,000 head.
Exhibit "1" which is attached to this letter, in heavy outline shows the Special
Use Amendment and the feeding pens which were allowed pursuant to public
hearing. Exhibit "1" also shows existing feed pens as marked on the exhibit.
Subsequent to the approval of the Amendment to the Special Use Permit,
pens marked with the letter "A" were constructed; these five pens hold
approximately 1,000 cattle. The pens marked with the letter "B" were not
constructed and those pens have a capacity of approximately 2,000 head.
After the five pens ("A") were constructed during 1981, it became apparent
that the pens marked "B" would not result in a convenient operation for feeding
due to the layout which resulted in problems in feeding and handling. After
extensive studies, Mr. Schneider determined that the pens marked "B" could be
better utilized and be more efficient if constructed to the east of the pens
marked as "A" which would be outside of the 1981 amendment. Therefore,
Mr. Schneider is now presenting a second amendment to his Special Use Permit
concerning new layout and features. This plan is in two phases which will be
detailed in this letter.
PHASE I
Phase I of the plan is to move the six pens marked "B" on Exhbit "1" and
construct those pens east of the pens marked "A". Instead of six pens, the size
l �
Dept. of Planning Services
September 2, 1982
Page Two
of the pens has been adjusted (due to efficiency) and will now total nine pens.
However, the total square footage of these nine pens is no more than the six
pens marked as "B". Phase I is identified on the Plat Map submitted for this
presentation. These new pens, Phase I, shall hold no more than 2,000 head of
cattle.
PHASE II
Phase II which is marked on the Plat Map for this presentation are
proposed to be constructed in the future. This Phase II plan shall have total
capacity of 5,000 thereby bringing the total feeding capacity of the Schneider
feedlot to 10,000 head. It is contemplated that Phase II will not be constructed
until 1983 or in years thereafter.
COMPLIANCE WITH WELD COUNTY
ZONING ORDINANCE
Both Phase I and Phase II are consistent with the Weld County
Comprehensive Plan as well as the intent of the district in which the property
is currently located as that property is zoned agricultural and is specifically
designed for farming and feeding operations of which the Schneider feedlot is a
perfect example. This proposal is compatible with the surrounding land uses as
current uses in this section, as well as surrounding sections, are farming and
feedlot operations. All properties immediately surrounding the proposed feedlot
are agricultural uses with extensive irrigation to provide feed for cattle
operations.
This proposal is also consistent with future development of the surrounding
area as the surrounding area is zoned agricultural and is denoted as agricultural
in the County Comprehensive Plan. At this time the property is not located
within any overlay district.
The applicant, by modifying and amending his Special Use Permit, is
conserving productive agricultural land as the pens marked "B" are on fine
producing agricultural land, while the construction to the east of the existing
structures will take place on rough, poorly irrigating, mariginal crop land.
Therefore, the applicant is preserving better producing land and utilizing land
not as productive.
The health, safety and welfare of the neighborhood and county is well
provided for as the facilities the subject of this application are close to the
middle of a section, cannot be seen from any road, and all wastes will be handled
on site with drainage and waste handling to take place in pasture land to the
north of the proposed site. If a containment facility is necessary for the
handling of waste or runoff, such a structure will be constructed to the north
of the proposed Phase II facilities and all such waste shall be collected and
utilized on the Schneider farm.
1 \
Dept. of Planning Services
September 2, 1982
Page Three
PROPOSED OPERATION AND USE
The proposed use is for a cattle feeding operation which will adjoin the
existing cattle feeding operation and will be located to the east. The existing
and amended Special Use Permit area had three residential structures within
1000 feet. Both Phase I and Phase II result in the cattle feeding operation being
removed further from residential structures, with the nearest residential
structure being approximately one-half mile away. The total number of animals
to be within the Special Use area, both as originally approved, approved as
amended, and requested in this application, total 10,000 head. The existing
facilities plus Phase I total 5,000 head and Phase II totals 5,000 head.
At the current time the Schneider feedlot operation operates one shift and
has four (4) full-time employees. If Phase I is approved, the number of
employees and shifts will not be increased. If Phase II is approved and
constructed, it is expected that there will still be one shift with the employees
increased to six or seven. Both Phase I and Phase II call for the construction
of pens, feed aprons, feed bunks, watering tanks, and alleyways for the handling
of cattle.
At this time all feed delivery trucks and employees utilize Weld County
Road 33 for ingress and egress and that will hold consistent through construction
of Phase I and Phase II. At the current time there is approximately one 40-ton
load of grain delivered every other day and it is expected that if Phase II is also
constructed that use will increase to one 40-ton semi-load per day. There will
be no increase in other vehicular traffic for Phase I or Phase II, except for two
or three additional employees.
As previously stated, waste will be handled upon the Schneider farm
pursuant to a continual program of manure removal, storage and application to
the land. During crop season all wastes will be piled upon Applicant's property
and this waste will then be spread upon the fields and plowed under for fertility
purposes. It is contemplated that all such wastes will be used upon the property
with a possibility of a small amount of the waste being available for purchase
by surrounding farmers. Rodent and fly problems are also controlled throughout
the year.
It is contemplated that construction of Phase I will take approximately 90
days, and when Phase II is constructed, such construction will take approximately
six months. Construction will include fencing and berms to help alleviate noise
and any visual pollution. Both Phase I and Phase II are located near the center
of the section, and will not be seen from any current residential structure or
from any highway. Additionally, the berms and fences will further aid screening.
Ample water supply is available for the operation as indicated by a letter
from North Weld County Water District and that water, which includes on-site
storage, is available for fire protection. The property is located within the
Eaton Fire Protection District.
Dept. of Planning Services
September 2, 1982
Page Four
Please feel free to contact this office with any further questions which you
may have concerning this application pending the public hearings.
Veryt u y yours,
Kenneth F. Lind
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CREFERRAL LIST �.
APPLICANT: H.A. Schneider CASE NUMBER: USR-529
SENT REFERRALS OUT: September 8, 1982 REFERRALS TO BE RECEIVED BY 9/24/82
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County Attorney (plat only) Ron Miller
Greeley SCS
.7"-- XX Weld County Health Department 4302 W 9th St Rd
Greeley, CO 80631
Engineering Department
XX Bob Halleran
?, XX County Extension Agent 2 Daisy Court
Windsor, CO 80550
Colorado Geological Survey
K XX 1313 Sherman Street Lucas Lateral Company
Room 703 x. c/o Don Engel
Denver, Colorado 80203 P.O. Box 206
Eaton, CO 80615
IColorado Water Conservation
Board Town of Eaton P.C.
Centennial Building X c/o Gary Carsten
1313 Sherman Street 223 First Street
Denver, Colorado 80203 Eaton, CO 80615
State Engineer
Division of Water Resources
1313 Sherman St. , Room 818
Denver, Colorado 80203
State Highway Department
1420 2nd Street
Greeley, Colorado 80631
-I Colorado Department of Health
Water Quality Control Division
4210 East 11th Avenue
Denver, Colorado 80220
U., _ - PHONE !3:-'3, _,2J?J
N/
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October 20, 1981
� '-1 'I - N. - c.c.s i;ute�'�h R4R0
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-COLORADO
REFERRAL
TO WHOM IT MAY CONCERN :
Enclosed is an application from H. A. Schneider and H. A. Schnider, Jr.
for a Use by Special Review for a proposed feedlot
The parcel of land is described as the NW3, Section 11 , T6N, R66W of the
6th P.M. , Weld County, Colorado .
The location of the parcel of land for which this application has been
submitted is 3 miles west and 1% miles south of Eaton
This application is submitted to your office for review and recommenda
tions . Any comments or recouanendations you consider relevant to this
request would be appreciated. Your prompt reply will help to facili-
tate the processing of the proposal and will ensure prompt considera-
tion of your recommendations . If a response from your office is not
received within 14 days of mailing from our office, it may be in-
terpreted to mean approval by your office. If you are unable to
respond within 14 days (but wish to do so at a later date) please
notify our office to that effect .
Check the appropriate boxes below and return to our address listed
above. Please reply by November 10, 1981 so that we may give
full consideration to your recommendation. Thank you very much for
your help and cooperation in this matter.
1 )( We have reviewed the proposal and find no conflicts with our
- interests . 4;, o • wnd/ r. 414 $ 1 c tJc. z •1ct-, 1A1 , .., ,,, ..dpi pipes rev
2. A formal recommendation is under consideration and will be
submitted to you prior to .
3. Please refer to the enclosed letter.
/.
Signed .. .r,�nl/.(4- f./ ' ' �✓ Agency 74.42-(W6-)Per-615/ Date it 5- 1,
An- C,-_ // _. . O ,.ric..' L., c '(I is •" VI
Current Planner •
C.
LAW OFFICES
HOUTCHENS, HOUTCHENS AND DANIEL
1001 NINTH AVENUE
BARNARD HOUTCHENS GREELEY,COLORADO 80631
5.ROBERT HOUTCHENS
RODGER I.HOUTCHENS TELEPHONE(AREA CODE 3031
JOHN B.HOUTCHENS GREELEY 353-9195
JERRY C.DANIEL METRO DENVER 571-0052
KIM ROBERT HOUTCHENS
THOMAS A.HOUTCHENS September 23, 1982 G 17
Weld County Department of Planning Services I1 9 " 70, -
915 10th Street _ I
Greeley, Colorado 80631 J
RE: APPLICATION OF H. A. SCHNEIDER
NWa 11-6-66
Case No. USR 529:82:84
Gentlemen:
We have been asked by the Board of Directors of Lucas Lateral
Ditch Company to respond to the notice advising then of Mr. Schneider's
application for a permit to expand his feeding operations.
Lucas Lateral has an easement for an open ditch through the
NW4 of Section 11, Township 6 North, Range 66 West of the 6th P.M. The
easement is by prescription. As far as we can find, there is no written
agreement concerning the ditch. As lands around the Lucas Lateral are
used for development into more intensive uses than fotmerly, it becomes
important to establish the width of the right of way. This is a matter
which must be taken up not only to establish the area of work but also
to establish that the feed pens and corrals are of a sufficient distance
as to not to pollute the water in the Lucas Lateral.
The Board of Directors have also been unable to resolve to their
satisfaction questions concerning disposal of liquid wastes from the feed
lots; whether or not their ditch will be a collector of such wastes either
by design or natural drainage; whether or not there will be any gates or
other obstructions placed on the right of way which would limit the use
thereof by the Lucas Lateral; the method to be used to bridge the Lucas
Lateral; and the upkeep of any structures placed on the company's easement.
These are a few of the concerns of the Lucas Lateral Ditch Company's
Board of Directors. By the tine of the hearing on Mr. Schneider's application,
there may be other concerns which the Board would like to express. It may
well be that Mr. Schneider will be able to satisfy the concerns of the Board
before the hearing.
We are sending a copy of this letter to Mr. Kenneth Lind who is
Mr. Schneider's lawyer. We ask for the opportunity to visit with him and his
client about the concerns herein expressed.
Very truly yours,
HOUTCHENS, HOUTCHENS AND DANIEL
RIH:yd Rodger I. Houtchens
xc: Kenneth Lind
WILLIAM H. SOUTHARD
ATTORNEY AT LAW P.O. BOX 449
209 FIRST NATIONAL BANK BUILDING GREELEY. COLO. 80632
GREELEY. COLORADO (303) 353-1292
August 31 , 1982
DP1-12ntLIT:TcW,Fi 1
I! SEP 198
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Weld County Planning Commission _ pJ i
Weld County Board of County Commissioners
Centennial Center Y�cld Ca Planning Commission
915 10th St.
Greeley, Colo. 80631
Re : Application for Special Use Permit involving
change and enlargement of cattle feedlot of
Schneider Cattle , Inc . , located in the NWl/4
of 11-6-66
Gentlemen:
The plans of Schneider Cattle , Inc . have been presented to me
whereby they would change the location of some of the cattle pens
in the existing facility , and would enlarge the cattle feeding
facilities . With the relocation and enlargement this would place
the cattle corrals very close to and basically adjacent to the south-
west field of the NE1/4 of 11-6-66 . This farm is owned by my sister ,
Mary E. Gillespie , and I am attorney in fact for her and operate and
manage her farm. The plans of Schneider Cattle , Inc . contain a pro-
vision for a tail water pond and a sump to carry excess storm and
other drain off from the cattle corrals . It is believed that this with
adequately protect the NE1/4 of Sec. 11-6-66 .
The buildings on the Gillespie farm in the NE1/4 of 11-6-66 are
located in the extreme northeast corner and are in excess of a half
mile from the closest point of the proposed enlargement and relocation
of the Schneider feedlots . It is not anticipated that there should be
any particular odor problems , because the Schneider feedlots will be
located on high ground and it would appear that the sump will adequately
take care of any runoff from the feedlots so that the atmosphere should
be adequately protected.
I am also trustee under the Last Will and Testament of Charles E.
Southard, deceased , which trust owns the NW1/4 of 12-6-66 , a portion of
the south end of which an underground tile exists where if there were
any storm or runoff from the corral caused by a malfunction of the de-
signed system. In this latter trust farm, any such water would be dis-
charged in the underground tile line and thence into the Graham Seep
Ditch, and it would cause no trouble whatsoever to the trust farm which
could be foreseen at this time .
Although this extension and relocation of a portion of the Schneider
feedlot would result in taking some irrgated land out of agricultural
production and putting it into livestock operations , it must be kept in
mind that the surpluses created by our super efficient American agricul-
ture really make it a problem to market what feed stuffs and grains are
c t
Weld County Planning Commission
Weld County Board of County Commissioners
August 31 , 1982
Page 2
grown, and, therefore , controlled and well planned feeding operations
add considerably to the economy of the area in creating markets for
feed stuffs grown in the area. Without the large feedlots in northern
Colorado , severe problems would be encountered in disposing of the great
quantities of corn grown in this county. In fact , were it not for
those feeding enterprises or elaborate storage and marketing facilities
would have to be provided.
I would command to the Weld County Planning Commission and the
Weld County Board of County Commissioners that the Schneider feedlot
proposal be granted.
Yours very truly ,
W`liam H. Southard
WHS:dl
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III RUG 30 1982
ral,
Weld Co. Planning Commission
MAILING LIST
H. A. Schneider
USR-529:82:44
Clara and Donald Baab
Route 2
Eaton, Colorado 80615
Mary E. Gillespie
c/o William Southard
1025 9th Street
Greeley, Colorado 80631
Richard and Phyllis Anderson
34426 Weld County Road 33
Greeley, Colorado 80631
John F. and Leslie Maulsby
16531 Weld County Road 70
Greeley, Colorado 80631
Donna and H. A. Schneider, Jr.
34534 Weld County Road 33
Greeley, Colorado 80631
Hedwig Schneider
2459 West 11th Street
Greeley, Colorado 80631
Don Anderson, Inc.
Route 2
Eaton, Colorado 80615
Leroy Anderson
Hilda Anderson, at al
34173 Weld County Road 33
Greeley, Colorado 80631
Heirs of Harry Waldemar
Mildred H. Johnson and
Effie Kerlee
16645 Weld County Road 70
Greeley, Colorado 80631
Tom Nix
Route 2
Eaton, Colorado 80615
Juanita Flores
15923 Weld County Road 72
Greeley, Colorado 80631
Thomas Opdyke and Mary Morton
1309 10th Avenue
Greeley, Colorado 80631
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Mildred H. Johnson
16645 W. C. Rd. 70
Greeley, Colorado 80631
n n- 1° S,.1 1
Iva Co. Planning Ca nisslon
PEril'ION IN SUPPORT OF SPECIAL USE APPLICATION, SCHNEIDER FEEDLOT
*ME PFx)15PMEVV001x:PROPE MPTHTWx3l iX
Please print or type
PROPERTY LOCATION
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Eaton Veterinary Clinic, P.C.
1091/ Elm Street P.O. Box 487 454-2580
Eaton, Colorado 80615
October 3, 1982
To Whom it may concern:
I, Leroy M. Coffman D.V.M. , have been a resident of Eaton, Colorado,
and local veterinary practitioner for the past seven years. During
this time I have observed the changes in the local agricultural
environment and paid particular attention to the food animal industry
in this area.
I have worked with Schneider Cattle Inc. consistently for four months
and have seen the feedlot expansion plans. It is my belief that this
expansion will only be of benefit to the local agricultural economy
and that all people involved will make every attempt to limit any
potential environmental impact. The present existing facilities are
exemplary of Schneider Cattle Inc. and Sonny Schneider's attempt to
run a clean and environmentally sound operation.
Sincerely,
9h , 9'" '
Leroy M. Coffman, D.V.M.
Eaton Veterinary Clinic, P.C.
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