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Home My WebLink About871727.tiff Date: May 19, 1987 CASE NUMBER: USR-791 :87: 16 NAME: Gary Bragdon ADDRESS: 4106 22nd Street, Greeley, CO 80634 REQUEST: A Use by Special Review permit for a a Livestock Confinement Operation (20,000 head lamb feeding operation) . LEGAL DESCRIPTION: SE} of Section 8, T5N, R67W of the 6th P.M. , Weld County, Colorado LOCATION: North of U.S. Highway 34, west of Weld County Road 17; approximately two miles west of Greeley. THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS TEAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: The proposed Use by Special Review area is located within the urban growth boundary areas of the City of Greeley and the Town of Windsor. The location of the Use -by Special Review -area and the attached conditions and development standards make the proposed use consistent with urban growth boundary goals 1, 2, and 3 of the Weld County Comprehensive Plan. Urban Growth Boundary Goal 1 explains that urban development should be concentrated in or adjacent to existing municipalities. The proposed use is located approximately 2 miles west of the City of Greeley's Long—Range Expected Growth Area. The long—range expected growth area includes those lands anticipated to accommodate urban development over the next twenty to thirty years. In addition, the City of Greeley's Capital Improvements Program currently projects completion of services in the long-range expected growth area in approximately the year 2005. The City's five year capital improvements plan also projects no new utility services to the long-range expected growth area. The location of the proposed use and the timing of the proposedplans for public infrastructure in the long-range expected growth area should not interfere with urban development plans projected by the City of Greeley's Comprehensive Plan. Representatives of the Town of Windsor have indicated that the proposed use would not interfere with its urban development plans. 870421 USR-791 :87: 16 Gary Bragdon Page 2 Urban Growth Boundary Goal 1/2 explains that land-use regulations in urban growth boundary areas should -be maintained to allow the County and municipalities to coordinate plans, policies, and standards relating to land-use, zoning regulations, street and highway construction, public infrastructure systems, and other closely related matters affecting the orderly development within an urban growth boundary. Representatives of the Town of Windsor indicated no objection to the proposed use occurring within its urban growth boundary area in a phone conversation on May 8, 1987. On April 28, 1987, the Greeley Planning Commission recommended objections to granting the Use by Special Review permit because the proposal could not conform to the City's Comprehensive Plan policies which discourage the location of high impact agricultural uses with the possibility of causing significant negative external impacts . The Planning Commission's concerns were based on the intensity of the proposed use creating off site impacts such as odor and dust at a location close enough to impact future development in the long-range expected growth area. The location of the operation, as proposed, .with attached development standards should address the concerns of the Greeley Planning Commission. The City of Greeley does not have a specific standard for fugitive dust and odor and relies upon the Weld County Health Department for monitoring and regulating in accordance with State law. Representatives of the Weld County Health Department reviewed this proposal and recommended approval with conditions in a letter dated April 23, 1987. The conditions proposed by the Weld County Health Department regulate odor and dust. The Greeley Planning Commission also expressed concerns about the affect the feedlot pens would have on the City's image if viewed by the traveling public from U.S. Highway 34. The Planning Commission recommended a screening standard in the event the application was approved. The screening standard is included in the attached development standards. In addition to a screening standard, the feedlot pens are proposed to be set back approximately 1,200 feet from Highway 34. The screening plus the special setback will reduce the view of the feedlot pens from Highway 34. Urban Growth Boundary Goal 1/3 explains that urban growth boundary areas should be maintained to provide an official definition between future urban and agricultural land uses. The subject site is located 2 miles west ofthe City of Greeley and within the City's urban growth boundary as a result of the 1,600 acres, plus or minus, "Golden Triangle #2" annexation which occurred in January of 1985. 870421 USR-791 :87: 16 Gary Bragdon Page 3 Because of the extended annexation and the fact that city services are not proposed to be completed within two miles of the Use by Special Review area until 2005, the long—range expected growth area should be considered the official definition between future urban- and agricultural uses. - The proposed use is consistent with the intent of the agricultural zone district in which the use would be located. The proposed use is a livestock confinement operation and is provided for as a Use by Special Review in the Agricultural zone district. - The uses which would be permitted will be compatible with the existing surrounding land uses. North of the subject site the principal use is agricultural including a dairy operation and crop production. East of the subject site the principal use is agricultural (crop production) . West of the subject site the principal use is agriculture, including two cattle feedlots and cropproduction. South of the subject site is U.S. Highway 34 and the principal use is agricultural (crop production) . The use which would be permitted will be compatible with the future development of the surrounding area as permitted by the existing zone and with future development as projected by the comprehensive plan of the County and the adopted master plan of the City of Greeley and the Town of Windsor. The future development of the surrounding area is intended to remain agricultural in nature. The City of Greeley projects that services for urban development will be available two miles east of this -site by the year 2005. The Town of Windsor has no plans to provide services within two miles of the subject site. - No overlay districts affect the site. - In locating the feedlot pens, the lagoon system, and the residence the applicant has demonstrated a diligent effort to conserve productive agricultural land. - The use by -special review development standards will provide adequate protection of the health, safety and welfare of the neighborhooa and County. This recommendation is based, in part, upon a review of the application submitted by the applicant, other relevant information regarding the request and the responses of the referral entities which have reviewed this request. 870421 USR-791:87:16 Gary Bragdon Page 4 The Department of Planning Services staff recommendation for approval is conditional upon the following: 1. The Use by Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Use by Special Review plat has been delivered to the Department of Planning Services' office and the plat is ready to be recorded Ys the office of the Weld County Clerk and Recorder. 2. Prior to recording the Use by Special Review Plat: - The Development Standards for the Use by Special Review permit shall be adopted and placed on the Use by Special Review plat; - The plat shall be amended to show: a. Relocation of the access from Weld County Road 17 at least 1,000 feet to the south of the proposed access on the plat. Such access shall be adequate to serve commercial truck traffic as determined by the Weld County Engineering Department. b. Landscape screening of the pens on the south and west sides consisting of evergreens staggered at 20 to 25 foot intervals. 3. Prior to construction of the Livestock Confinement Operation, evidence shall be submitted to the Department of Planning Services that the Colorado Department of Health, -Water Quality Control Division, has approved a report, prepared by a Colorado -Registered Professional Engineer, demonstrating compliance with its Guidelines for Design of Feedlot Runoff Containment -Facilities. 870421 DEVELOPMENT STANDARDS Gary Bragdon USR-791 :87: 16 1. The Use by Special Review permit is for a Livestock Confinement Operation as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. The maximum number of animals shall not exceed 20,000. The Livestock Confinement Operation shall be used for lambs and sheep only. The confinement of other animals shall require an amendment to the Use by Special Review permit. - - 2. The applicant shall be responsible for implementing and maintaining the runoff retention and containment facilities in accordance with the engineered report as approved by the Colorado Department of Health, Water Quality Control Division. The runoff containment shall be separate from the waste water disposal system, and the facilities shall be constructed and -maintained in accordance with the State Health Department's Guidelines of Feedlot Runoff Containment Facilities and standards stated hereon. The applicant shall be responsible for any additional requirements issued by the Colorado Department of Health, Water Quality Control Division. 3. A letter from a Colorado Registered Professional Engineer shall be delivered to the Department of Planning Services prior to the use of the runoff containment facility and the wastewater disposal system, certifying that these facilities are constructed and are in compliance with the stated standards listed hereon. 4. All storm water and Livestock Confinement Operation runoff shall be controlled and confined within the boundaries of the subject property. 5. Landscape screening shall be maintained. The trees used for landscaping south of the feedlot pens shall be a minimum of four to six feet at the time of planting. 6. A -Weld County Septic permit shall be required for the proposed home septic system. The septic system shall be installed according to the Weld County Individual Sewage Disposal Regulations. 7. The septic system for the proposed office shall be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. 8. An emissions permit shall be obtained from the Colorado Department of Health, Air Pollution Control Division. The applicant shall comply with all requirements of the permit to control fugitive dust and odors. Residential odor standards as set by the Air Quality Control Commission shall be met. 870421 Development Standards Gary Bragdon USR-791:87:16 Page 2 9. The applicant shall remove, handle, and stockpile manure from the livestock confinement area in a manner that will prevent nuisance conditions. Manure shall be removed from the site at least once every three months. The manure piles shall not be allowed to exist or deteriorate to a condition that facilitates excessive odors, flies, insect pests, or pollutive runoff. The manure storage site shalr have a water tight surface, as approved by the Weld County Health Department, which does not permit seepage or percolation of manure pollutants into the ground. v 10. Wastewater shall be removed from the lagoon system a minimum of once every six days unless weather does not permit. 11 . The Use by Special Review permit shall not be transferable to any successors in interest to the described property and shall terminate automatically upon conveyance or lease of the property to others for operation of the Livestock Confinement Operation. 12. Access to the Use by Special Review operation shall be from Weld County Road 17 and U.S. Highway 34 . Only residential traffic shall be allowed to access directly onto Highway 34. 13. If it is determined by the Department of Planning Services that odors from the feedlot are affecting uses located in the City of Greeley's long—range growth area and that standards 8, 9, and 10 are not adequately controlling odor, then the operator of the permitted use will work with representatives of the Weld County Health Department and the Department of Planning Services to develop and implement new standards for mitigating odors and dust. In the event that the operator disagrees with -a new standard, a work session with the Board of County Commissioners will be scheduled to discuss and determine if the new standard should be implemented. 14. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 15. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24 .5 of the Weld County Zoning Ordinance. 16. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24 .6 of the Weld County Zoning Ordinance. 870421 Development Standards Gary Bragdon USR-791 :87: 16 Page 3 17. Personnel from the Weld County Health Department, Colorado Department of Health, and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to insure the activities carried out on the property comply with the Development Standards stated heron and all applicable Weld County Regulations. 18. The Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Any material deviations from the plans or Standards as shown or stated 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 or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 19. The property owner or operator shall be responsible for complying with all of the foregoing Standards. Noncompliance with any of the foregoing Standards may be reasons for revocation of the Permit by the Board of County Commissioners. 870421 f; LAND-USE APPLICATION SUMMARY SHEET Date: May 12, 1987 CASE NUMBER: USR-791 :87:16 NAME: Gary Bragdon ADDRESS: 4106 22nd Street, Greeley, CO 80634 REQUEST: Use by Special Review for a 20,000 Head Sheep Livestock Confinement Operation in the A (Agricultural) zone district LEGAL DESCRIPTION: SE} of Section 8, T5N, R67W of the 6th P.M. , Weld County, Colorado LOCATION: North of United States Highway 34 and west of Weld County Road 17, approximately two miles west of Greeley. SIZE OF PARCEL: Approximately 150 acres POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this Use by Special Review proposal is listed in Sections 24.3 of the Weld County Zoning Ordinance. The Department of Planning Services has received specific recommendations from the following referral entities: — Weld County Health Department — Weld County Engineering Department — City of Greeley Planning Department — State Highway Department Copies of these referral responses are included in this summary packet. Windsor Fire Department, the Town of Windsor, and the County Extension Agent have respondedthat they have no objections to the proposal. Referral responses have not been received the the following: — Greeley Soil Conservation Service 870421 . e1. 5 j n e i - i I _ _ C .r 9• t I4_,.,;4- 7N . �•� �' l � .y ' 4 C. 1 i� e ` , CO. . . � 1tem. Y• A : • :, , N 76 i,rig r `"� t G �a t. _ 2. t r c;-4 - i 'Cif `. k. `�' I b re i 1 6 _ 76 �. 29 T �. f R. �� ‘r,/� \le� ,e e. P _ i . tl -- - — J •t \7- ,'sE _ r— --- v 14••--d��l s I. .i z3 'EVEvns.4G • \1//1 : .. .. " i tl: ) , I POI 1 1 r I J; 2 J. �-.1•:.,4-• 1� �� .. 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'''£`.ib v a 4:a a- �'tf ie i a `.,'^!J � ii +a7-:. i 7'r`^.•? t; yY�'.y;;:r.s%wi.1-.ys ' A k..`,, ,, �- Y.'Ic' § syy. ` -,..,rte'; a C7 0 o`.BRS1- i ie I . ♦3 : ri , I.i ih '•1— lr'w Ccl 8,, n „,„,, MgM €" ,047 it4iitYt I'L ?tic•Alt "F.pvw *,:,;h: F -.,- , �,.:.:„,;,... .,....tr.,_. .„„....(/„.. ......t....l, ... _ . ft } ire : " h” REFERRAL LIST APPLICANT: Gary Bragdon CASE NUMBER: USR-791:87: 16 SENT REFERRALS OUT: REFERRALS TO BE RECEIVED BY: April 27, 1987 NO SR NR NO SR NR v/ X Weld County Health Dept. ,/ X Engineering Department X County Extension Agent V X City of Greeley Planning Department 919 7th Street Greeley, CO 80631 X State Highway Department 1420 2nd Street Greeley, CO 80631 X Greeley Soil Conservation Service 4302 9th Street Road Greeley, CO 80631 X Windsor Severance Fire Protection District V Box 307 Windsor, CO 80550 X Lynn Brown 1700 Montview Boulevard Greeley, CO 80631 NO=No Objection - SR=Specific Recommendations NR=No Response 870421 /// tffLe mEm1vRnDu }a.1 To�. Weld County Planning Date April 23, 1987 COLORADO From Health Protection Services 4, ��'ri- �' Case Number: USR 791:87:16 Name: Bragdon, Gar" Subject: Health Protection Services has reviewed this proposal and recommends for approval, subject to the following conditions: 1. The septic system for the proposed office is required to be designed by a Colorado Registered Professional -Engineer according to the Weld County Individual Sewage Disposal Regulations. • 2. Weld County Septic Permit is required for the proposed home septic system and shall be installed according to the Weld County Individual Sewage Disposal Regulations. 3. The facility shall be in compliance with the Colorado Guidelines for Feedlot Runoff Containment, prior to final approval of the proposed use. 4. The applicant shall remove, handle, and stockpile manure from the livestock confinement 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, or insect pests, or pollutant runoff. The manure storage site shall have a water—tight surface which does not permit seepage or percolation of manure pollutants into the ground. 5. Required Emissions Permit is obtained from the Air Pollution Control Division, Colorado Department of Health for fugative dust and odors. By Direction of Ralph R. Wooley, M.D. )5 1 5i it IV�J krP. N 3 1937 870421 t ra z� �� n.wM- r?S x -J r �t n"a '� r)C T. I. C rat '.'. >i rir M lar Cart‘ Weld County Planning April 23, 1987 { To Date_ �' COLORADO Health Protection Services 6. .. 71�t 1:' -e From ` -- Case Number: USR 791:87: 16 Name: Bragdon, Gary Subject — — ------ ---- Health Protection Services has reviewed this proposal and recommends for approval, subject to the following conditions: 1. The septic system for the proposed office is required to be- designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. 2. Weld County Septic Permit is required for the proposed home septic system and shall be installed according to the Weld County Individual Sewage Disposal Regulations. 3. The facility shall be in compliance with the Colorado Guidelines for Feedlot Runoff Containment, prior to final approval of the proposed use. 4. The applicant shall remove, handle, and stockpile manure from the livestock confinement 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, or insect pests, or pollutant runoff. The manure storage site shall have a -water-tight surface which does not permit seepage or percolation of manure pollutants into the ground. 5. Required Emissions Permit is obtained from the Air Pollution Control Division, Colorado Department of Health for fugative dust and odors. By Direction of Ralph R. Wooley, M.D. p r,— ' IA::: ryPR 2 31987 11 Hpbi Cu. I'lau.:+m; or(Gng47ut 870421 RP it INCORPORATED YEARS mom°.€.. Z.•1:e. •* cj 9 .. GREELEY CIVIC CENTER GREELEY COLORADO 80631 (303) 353-6123 May 1 , 1987 Lanell J. Swanson - Weld County Dept . of Planning Service 915 10th Street Greeley, CO 80631 Dear Lanell : The Greeley Planning Commission , at its April 28, 1987 , meeting , reviewed the request for a Use by Special Review for a 20,000 head sheep feedlot operation at Weld County Road 17 and U .S. 34. The Planning Commission recommended objections to this proposed use for the reasons as submitted to you under separate cover . Should the use be permitted , the City Planning Commission recommended additional conditions be placed on the use . These were also sent under separate cover. The vote on this item was 3-2 . If you have any questions , please call . incere'y, (A.A1 i hlla Planner II 870421 J DRPAFr ^ NT OF PI TJNING SERVICES 3 i • 1 ,. p__ PRONE O0 31 356 4000 EXT at 0C ,, �-b1 t �—� 915 10th STREET ,.„ 1 a GREECE v. COLORADO 80631 COLORADO CASE NUMBER USR-791 :87:16 April 14, 1987 TO WHOM IT MAX CONCERN: Enclosed is an application from Gary Bragdon for a Use by Special Review permit for a 20,000 head sheep livestock confinement operation. The parcel of land is described as SE} of Section 8, T5N, R67W of the 6th P.M. : Weld County, Colorado. The location of the parcel of land for which this application has been submitted is 2 miles west of Greeley City Limits, north of Weld County Road 58, and west of Weld County Road 17. This application is submitted to your office for review and recommendations. Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendations. Please reply by April 27, 1987, so that we may give full consideration to your recommendation. Please call Lanell J. Swanson, if you have any questions about this referral. Thank you for your help and cooperation in this matter. - Check the appropriate boxes below and return to our address listed above. 4- 1. We have r • request and find that the request does notljcomply with our Comprehensive Plan for the following reasons. „ ,•}}.„2K I, leiler- 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: • 3. We have reviewed the proposal and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please of r to the enclosed letter. Signed: ( , •1 �`� '1, —\ Agency: 4-7--2 c(--:)-7 ( ..�.1,)2_ (-1 vi. } Date: �� %� ' 870421 < PLANT G COMMISSION SUMMAR' SHEET ITEM: Weld County Referral PROJECT: A Use by Special Review for a 20,000 head sheep livestock confinement opera- tion. APPLICANT: Gary Bragdon LOCATION: SE 1/4 Section 8 T5N R67W--north and west of Weld County Road 17 and U.S. 34, approximately two miles west of Greeley city limits on U.S. 34 (with the exception of some farm buildings and pasture right on the corner, the site is at the controlled intersection of Weld Cty. Rd. 17 and U.S. 34) ZONE: Agricultural PLANNING COMMISSION HEARING DATE: April 28, 1987 PLANNING COMMISSION FUNCTION: To review and make a recommendation to the Weld County Planning Commission on development conformance to the city's Comprehensive Plan PROJECT OVERVIEW: 1. As proposed, this use will manage 20,000 head of sheep in 12 pens as shown. The operation is intended for lamb production. Within one year, the rest of the 150 acre site will be used for pasture operations where sheep graze the acreage and are processed in the pens. 2. The applicant will live on—site at the location marked "proposed residence." PLANNING REVIEW COMMENTS: 1. In reviewing a Weld County Referral Use by Special Review, the Planning Commission must insure that the proposed Use by Special Review can "be made without substantially interfer- ing with the objectives of this title (Zoning Code), having due regard for the reasonable expectations of the landowners in the neighborhood." In making this determination, the following criteria must be considered: a) the special use will be consistent with the Comprehensive Plan; b) the special use will be compatible with the existing uses to which surrounding lands are .r could be put under the applicable zoning classification; MAY 111987 / 7- 870421 woid ° i:mmnis,Jo1 '` c) the special use will not be substantially dissimilar from existing land uses; d) the special use will not cause an unreasonably severe demand on city services such as police and fire protection, drainage control, water supply, and sanitary sewer service; e) the special use will not adversely affect traffic flow and parking in the neighborhood; and f) the public welfare requires the approval 2. Comprehensive Plan policies which apply to all development and which relate to the pro- posed use include the following: A-3.2--Industrial development is encouraged to be located so that negative external influ- ences generated by the industrial use do not affect either existing or potential non-industrial land uses located within the Long Range Expected Growth Area (LREGA) boundary. A-3.3—Industrial development is encouraged to be geographically separated from existing or anticipated commercial and residential land uses if it is of high impact agricultural or indus- trial nature that generates significant negative external impact. A-3.3.2—Where permitted, these land uses should be located outside of the LREGA A-4.2—All development is encouraged to enhance the visual appeal of the city with a special emphasis on the city's principal thoroughfares, entryways, and activity areas. a) The applicable Comprehensive Plan policies suggest there are three major external im- pacts associated with development of this type. These are: 1) visual appearance; 2) odor; and 3) dust; This proposed use is two miles from the westernmost point of the LREGA. The use is located on the major western entryway corridor to Greeley--U.S. 34. Because 4 of the slope of the site in relation to U.S. 34, it presents a substantial amount of visual appearance—you can see it quite well. Because of the possible adverse reaction to such a use on a major entryway and because the Comprehensive Plan suggests the city's visual appeal be enhanced, this site should be effectively screened from U.S. 34 to eliminate any possibility of a negative visual reaction. Evergreen trees of a type able to survive to maturity should be spaced 20-25' apart as shown on the suggested site plan. This spacing should ensure that the visual appearance from the site will be effectively screened. Locating the evergreens as suggested will help screen the sheep pens and should not interfere with the pastoral character of the area. Screening immediately adjacent to U.S. 34 would disrupt this low—lying pastoral character as perceived from U.S. 34 and would not as effectively screen the sheep pens. The second external impact is odor. This proposed use is 3.3 times as intense as the animal—unit intensity for by—right agricultural sheep feedlot uses. At by—right levels, uses like this have a noticeable odor. The odor comes primarily from anerobic breakdown of 870421 18 manure, but also comes from other aspects of operations. There are particular "peak odor times"— when it rains, and wetness raises the odor level when pens are cleaned-- ' and this smell can be regulated but not eliminated by environmental standards. It is the nature of the operation, because (for example) cleaning pens eliminates standing water and manure anerobic action, but the cleaning itself stirs up odor. The third impact is dust. Because of the confined nature of feedlot operations, concentra- tions of animals cause fugitive dust problems stirred up by the animals moving around. Discussions with the Weld County Planning Department and Weld" County Health Department disclosed that the following standards would need to be complied with: — Development standards attached as part of USR review (including residential odor standards administered by the County through the State); — State requirements for feedlot runoff confinement; and — State emission permits for fugitive dust control. These standards set levels of compliance. The impacts still occur at normally acceptable levels. The Health Department could not state that, because of the nature of feedlots and regulatory compliance levels, impacts would not negatively affect the city's LREGA. Comprehensive Plan policies discourage location of high impact agricultural uses adjacent to urban areas due to the possibility of significantly negative external impacts. The nature of feedlot operations combined with the intensity of this proposed use suggests a high impact agricultural use that can not conform to adopted Comprehensive Plan poli- cies. Two agricultural operations reviewed by Planning Commission for which there was dis- cussion on odor were the Carlson feedlot expansion one mile north of Seeley Lake (WCR 11:85) and the Vetting dairy expansion 2.5 miles east of Greeley on U.S. 34. (WCR 35:85). Major concerns with the Carlson application were: — 1971 Comprehensive Plan policies supported the removal of feedlots north of town to permit northerly non-industrial development; — the intensity of animal operations, measured in animal units/acre was too much to prevent odor problems associated with the feedlot. The Planning Commission did not forward a recommendation to the Weld County Plan- ning Commission because they were split on the above issues. However, the Planning Commission did recommend that feedlot uses be permitted in the vicinity of Greeley only when measures are employed that will reasonably control odor and ensure that odor does not exceed levels expected from use-by-right levels. The County Commissioners denied this use. 870421 1 • 1 The major concern with the Vetting application was: — the proposal would be of an intensity too high to be affected by available techniques of odor mitigation because the number of cows would be 5.6 times the by-right levels and because the site was too small to support the proposed number of cows. The Planning Commission did recommend denial on these grounds. The County Com- missioners approved the application, but at 140 cows on 11 acres initead of the 489 possible on 70 acres. These previous referrals demonstrate that the Planning Commission has consistently raised the environmental concern about odor mitigation because of its possible negative external effects. b) The use is permitted as a USR in the County agricultural zone. The proposed 20,000 sheep are 3.3 times as intense as the by—right animal levels (40 sheep per acre, or 6,000 on this 150 acre site) so it is doubly important to ensure County health requirements address odor mitigation. c) The use is agriculturally oriented and existing uses are agricultural. d) The City of Greeley has a water transmission line easement running east/west through this site. The applicant has indicated his intent is to receive water service through existing taps off this line. The Water Department has indicated it will provide service for a house and office. No other city services will be affected. e) The proposal will make use of the County road network to receive its feeding supplies and to ship products. An average of four 25-ton semi loads per day are expected. • f) The public welfare suggests that agricultural production in various forms remains a part of this community. This operation is making use of existing by-products from Great West- ern Sugar, Anheuser Busch of Fort Collins, and Coors Biotech of Johnstown for feeding. This welfare also requires that such uses not create traditional negative external impacts that have in the past affected the reasonable use and enjoyment of non-industrial land uses. ADMINISTRATIVE REVIEW TEAM COMMENTS: The ART did not review this item. NEIGHBORHOOD MEETING REQUIREMENTS: Not applicable 870421 20 PLANNING COMMISSION ACTION REQUESTED: Recommend objections to the USR to the Weld County Planning Commission for the follow- ing reason: -- conformance to Comprehensive Plan policies discouraging location of high impact agricultural or industrial uses due to the possibility of significant negative external impacts can not be assured because: a) the intensity of the proposed USR, at three times the by-right animal-unit levels for agricultural uses, is too intense to prevent significant off-site impacts--specifi- cally odor and dust—from occurring and that available standards for odor and dust mitigation will not prevent some negative impact. b) the site is close enough to the LREGA that there will be significant negative exter- nal impact due to a) and b) above. - - Should this use be permitted, the following development standards should be attached as conditions of approval: — the use must meet residential odor standards as set by the Colorado Air Quality Con- trol Commission; - — a fugitive dust emission permit is required; and — all waste retention facilities shall meet and be maintained in accordance with the State Health Department's Guidelines for Design of Feedlot Runoff Containment Facilities. The applicant shall be responsible for any additional requirements issued by the Colo- rado Department of Health, Water Quality Control Division. — All construction done on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. — The applicant shall comply with the design standards for the Use by Special Review, Section 24.6 of the Weld County Zoning Ordinance; — The applicant shall comply with the Operation Standards for Uses by Special Review, Section 246. of the Weld County Zoning Ordinance; — Representatives or members of the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to insure the operations carried out on the property comply with the Development Standards stated herein and all applicable Weld County Regula- tions. -- The Use by Special Review area shall be limited to the plans shown herein and gov- erned by the foregoing standards and all applicable Weld County Regulations. Any material deviations from the plans and/or standards as shown or stated shall require 870421 al J the approval of an amendment of the permit by the Weld County Planning Commis- sion 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; — The property owner and/or operator of this operation shall be responsible for comply- ing with all of the foregoing standards. Noncompliance with any of the foregoing standards may be reason for revocation of the permit by the Board of County Com- missioners; and — landscaped screening consisting of evergreens staggered at 20-25' intervals as shown on the attached site plan should be installed and maintained. 87042 r 870421 ` y ....5:-..4C2 I, Of at C, Of Of M O N a N a Cf CO 'p : toA'1 • o � 1--1 ( SHEET 3 ) LARIME ._R C O U N I NII (i ci, P °! - 11 p • w ., w f1pu •.■ m o • m c 1 6 x -(i. , O fn r cII ■ • r ;■ - • w O . 99. O •c ■ D o • IC LIP II ix x- i z 1 I ' • _ lari cl N 00% I:\01(7- 1.1. 1 r - --ter/ • 0 '"' :::::::: • 0 ' - 8 ■ G3‘..., • 0 Ocill• H.:.:.:.: • -.C a a ill • Oa ■ r2 Q A a �o A F • , / di' ° ■;; • k 5 / 4J/f �,�D ° Nry ' w l• �\. v �, _�/• • Q �r .� did - -I - •. � a� , 5.5 * FAS '. W =L> - a _ S '} /A I r� 1 = : . �c N I r N •_ N■ - N a a • l c , i r r. • w OI O N N Wes' R //�� ' -- P f� •IICa P a .4 LI O I• _ s T o n o • co �! 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Box 850 \ Greeley, Colorado 80632-0850 (303)353-1232 April 23, 1981 Weld Co. , S.H. 34 Bragdon Spec. Rev. Per. NW Cor. C.R. 17 and Hwy. 34 Mr. Lanell J. Swanson DOH File 45100 Department of Planning Services - - Weld County - 915 10th Street - - - - - - Greeley, CO 80631 Dear 1-Ir. Swanson: - We have reviewed the application from Gary Bragdon for a Use by Special Review to allow a 20,000-head sheep feeding operation, and wehave the following comments. This operation would obtain access from an existing access to Weld County Road 17, approximately one-half mile north of State Highway 34. We support the use of this access by the feedlot truck traffic. Turning movements can safely be made to and from the S.H. 34/C.R. 17 intersection since all the necessary turn lanes exist and there is good sight distance. Access to the proposed residence in the southwest corner of this property could be allowed through the existing direct access to S.H. 34, if this is where the residence needs to be located. The existing driveway should be adequate to serve this residence, and no Access Permit would be required: However, only the residential traffic would be allowed to use this access. Thank you for the opportunity to review this application. Please contact Wally Jacobson at 350-2168 if you have any questions. Very truly yours, ALBERT CHOTVACS DISTR`S�INEEtt ' � John K. Crier District Planning/Environmental Manager JKC:mbc(WJ) cc: D. Yost Area Foreman File: Crier-Jacobson via Chotvacs l APR 28 1987 cuL 870421 Nell Co. Plamonk Lrdmu ssim FIELD CHECK FILING NUMBER: USR-791:87: 16 DATE OF INSPECTION: April 30, 1987 NAME: Gary Bragdon REQUEST: 20,000 head sheep Livestock Confinement Operation LEGAL DESCRIPTION: SEk of Section 8, T5N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: North of U.S. Highway 34 and west of Weld County Road 17 LAND USE: N EL-DU Dairy, 3 residences E Weld County Road 17, alfalfa S One residence, U.S. Highway 34 W Farmground, 3 residences within .5 miles ZONING: N Agricultural E Agricultural S Agricultural W Agricultural COMMENTS: The terrain on this parcel slopes to the south and west. The land is currently being farmed at this time. Access to the parcel exists from U.S. 34 and from Weld County Road 17. Two cattle livestock confinement operations are located 1.5 miles northwest at Weld County Road 15 and Weld County Road 60 and on Weld County Road 15 between U.S. Highway 34 and Highway 60 respectively. ,aneil J. S a .on Current Pla- er 800421 j NOTICE OF PUBLIC HEARING AFFIDAVIT OF PUBLICATION c Weld County Planning Commission May l conduct a at 1:30 hearing.m. oni 19, 1 request s 1:30 approval oflawUserby Special THE JOHNSTOWNBREEZE Review permit for a 20.000 head 1 sheep livestock confinement STATE 01.‘ CDLOItAI operation from Gary Bragdon. I I SS The parcel of lantrIrdescnbed as SEW of Section 8,T5N, R67W COUNTY Cl" W l?LD of the 6th P.M., Weld County, I I, Clyde Briggs, du solemnly. sweat' that I Colorado, containing 150 acres, I more or less. The property i9 • am publisher of The Johnstown Breeze; located approximately 2 miles that the same is a weekly newspaper west of Greeley City Limits,north ofw Weld Weld County ytl 58, and - printed, in whole or in part, and published whet of hearing Road held n. in the County of Weld, State of Colorado, The public ldCounty to be by and has a general circulation therein; that the above Coer n wr Planning Coml said newspaper has been published mission for the consideration of conducted referenced the hed Weld ve County continuously and uninterruptedly in said be missiond in Hearing County County of Weld for a period of more than Commissioners'Floor,Weld nty Room, First Floor, County a Street err fifty-two consecutive weeks prior to the objeGreetions Center, Commns I first publication of the annexed legal notice writing related to the above or advertisement; that said newspaper has request should be submitted in Depart to the wing County •j been admitted to the United States mails as Department915 of Planning Services,2, second-class matter under the provisions of Greeley,Tenth ColoradoStreet, 1, Sore theo 8 presented before the Act of March .1, 1979, or any the public hearing on May 19, _ - newspaper is a weekly newspaper duly Copies of the application ini are qualified for publishing legal notices and Semites, for public inspection in advertisements within the meaning of the the Department of Planning Co Room 342, Weld laws of the State of Colorado. County -Centennial Center, 915 That the annexed legal notice or advertise- Tenth Street,Greeley,Colorado,- Pnone - 356-4000, Extension ment was published in the regular ant 4400. Jack Holman, Chairman entire issue of every number of said weekly Weld County Planning newspaper for the period of f consecu Commission (jVe Insertions; and that the firs townTo b Breepublze bed in the Johns- publication of said notice was in the issue o said newspaper datrd�-z.. • A.D. 1bg.,b To 3, 1987 one(1) time by and that the last publication of said nntict April 23. 1987 was i11 the issue of said newspaper dates , A.D. 19 In witness whereof I have hereunto se my hand this ...2.3 day 01 A.D. 19.6/ ilPuhlishe Subscribed and sworn to before me, Notary .Public in and for the C u day i t Wed) State of Colorado this. ,ip,.«j�. A.U. 19r ..T.. Notary I'ubl My commission expires F,'i •_.mmini;n r ion et Ire `,y, Vide..? 2 South Parlsn Aver,t4 _oHst0 wn cc sr`,1J 870421 SURROUNDING PROPERTY OWNER USR-791 :87: 16 GARY BRAGDON Windsor Garden Steven Flack P.0. Box 1044 Eaton, CO 80615 Edward R. and Patricia A. Skaggs 7825 East Highway 34 Windsor, CO 80550 Zeiler Farms, Incorporated 820 Foote Courte Loveland, CO 80537 Harry and Elvera Frank 6538 East Highway 34 Loveland, CO 80537 Harry D. and Judy Hartshorn Route 1, Box 37AA Windsor, CO 80550 Thomas W. and Gertrude Weiler 28641 Weld County Road 17 Windsor, CO 80550 Frank L. and Kathie N. Platt 28607 Weld County Road 17 Windsor, CO 80550 Henry V. and Walter A. Zimmerman Route 1, Box 161 Berthoud, CO 80513 Walter A. and Anneliese Zimmerman Route 1 , Box 161 Berthoud, CO 80513 Henry V. Zimmerman Route 1, Box 161 Berthoud, CO 80513 Carl E. Leonard Donald E. Leonard 500 West 3rd Street Loveland, CO 80537 870421 SURROUNDING PROPERTY OWNER USR-791 :87:16 GARY BP.AGDON Page 2 Harlan P. Hankins Route 1 Johnstown, CO 80534 Elmer E. Lundvall Martha R. Goss 3490 West 49th Avenue Greeley, CO 80631 87Clt2'� • SURROUNDING nINERAL OWNER USR-791:87: 16 GARY BRACDON Richard L. Kochis 1166 Southwest 23rd Street Loveland, CO 80537 8'7042 . 1722 rn i r- 7.7 �i---..- --,__,i <l A4 1R3 01007 Gary Bragdon * ' 4106 22nd Street Greeley, CO 80634 "" " April 24 , 1987 D Mr. Gordon Lacy 1S-- Weld County Commissioner APR 301987 [1 Weld County Courthouse 915 10th Street Greeley, CO 80631 Weld Co. Planning Cn uniscion Dear Gordon : This letter is to better inform you of the lamb feeding operation that has been proposed and may be located on Weld County Road 17 near U. S . 34 . I would also like to take this opportunity to explain why this site was selected and what measures will be utilized to make this operation compatible with the surrounding area and our neighbors . For many years the lamb industry has had a very positive and significant impact on the economy of Weld County and all of Northern Colorado. It has not only provided a strong market for the feeder lambs raised in Northern Colorado but also a good market outlet for feeds and feed ingredients produced in Northern Colorado. We believe it is vital to maintain growth in this industry to help sustain market values for our farmers and ranchers and the tax base for Weld County. This operation will utilize corn silage and alfalfa hay produced by our neighbors and feed by-products from Coors at Johnstown, Western Sugar at Greeley, Anheuser Busch at Fort Collins and Con Agra at Denver. This proposed site will be centrally located for all these feed ingredients thus minimizing freight costs . More remote locations not only increase freight costs but remove us from adequate utility services and road access which become particularly critical in winter months . This operation will employ and comply with all ordinances and regulations of the state and county to safeguard and maintain all existing environmental qualities and health standards for our neighborhood . Mr. Rule and I have owned and operated feeding operations at Brighton and Severance since 1964 and 1971 , respectively, with no known formal complaints filed for violation of any • / 2 . 870421 Mr. Gordon Lacy April 24 , 1987 Page Two government regulations . We feel this operation will be an asset to the local farm community and Weld County as the other operations have in the past. Having reviewed the agricultural goals and policies of the Weld County Comprehensive Plan, we believe this operation will compliment the Comprehensive Plan in every respect. If you have any questions , please do not hesitate to contact me at your convenience. Thank you for your consideration. Sincerely, Gar Brag on GB: cmb 870421 Hello