HomeMy WebLinkAbout950432.tiff BEFORE THE WELD COUNTY,COLORADO,PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Curt Moore that the following resolution with the deletion of Condition of Approval#3c and subsequent
renumbering of the remaining Conditions of Approval, be introduced for passage by the Weld County Planning,,,
Commission. Be it resolved by the Weld County Planning Commission that the application for:
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CASE NUMBER:USR-1069 b I
NAME:John Wazdlaw r_,-J
1‘,-)
ADDRESS: 26271 Weld County Road 60,Greeley,Colorado 80631 J r
REQUEST: A Site Specific Development Plan and Special Use Permit for a feedlot(2000 head)in the A W ')
(Agricultural)zone district.
LEGAL DESCRIPTION: Lot A of RE-1119,being a part of the E/2, SW/4 of Section 4,T5N,R64W and a part of
the NW/4 of Section 9,T5N,R64W of the 6th P.M.,Weld County,Colorado.
LOCATION: North and south and adjacent to Weld County Road 60 and approximately 1/4 mile east of Weld
County Road 53.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 24.7 of the Weld
County Zoning Ordinance.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 24.3 of
the Weld County Zoning Ordinance as follows:
This proposal is consistent with the Weld County Comprehensive Plan's Urban Growth Boundary
Area Goals and Policies. The Urban Growth Boundary Area section provides for the County to
encourage land-use development proposals as long as they conform to the desires of affected
municipalities. This land use is located within the Urban Growth Boundary Area of the Town of
Kersey.
This proposal is consistent with the intent of the A(Agricultural)zone district and is provided for as a
Use by Special Review.
No overlay districts affect the site.
Special Review Permit Development Standards will provide adequate protection of the health,safety,
and welfare of the neighborhood and County.
This recommendation is based,in part,upon a review of the application materials submitted by the applicant,other
relevant information regarding the request,and responses from referral entities.
The Planning Commission's recommendation for approval is conditional upon the following:
1. 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 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 15 days of
approval by the Board of County Commissioners.
950432
1vJaL±L
RESOLUTION,USR-1069
John Wardlaw
Page 2
2. 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.
3. Prior to recording of the plat:
A. The facility shall demonstrate compliance with the Confined Animal Feeding Operations Control
Regulations. This shall be demonstrated by submitting a comprehensive manure run-off and process
waste water handling plan to the Weld County Health Department for review and approval. This plan
shall include,but not be limited to the following:
1. Demonstration that the waste water collection,storage,and land application facilities are
adequately constructed,and sized to handle a twenty-five year,twenty-four hour storm. The
evaluation must be conducted by a Registered Professional Engineer in accordance with the
Confined Animal Operations Control Regulations and Weld County Zoning Ordinance Section
47.
2. The schedule in which manure will be removed and applied to land.
3. The method in which waste water will be applied to land,including the procedure which will
be used to insure that agronomic rates are not exceeded.
4. Other measures which are in place to insure that the facility operation as a"No-discharge"
facility.
B. The applicant shall submit an application to the Air Pollution Control Division,Colorado Department
of Health.
C. A dust abatement plan shall be submitted to the Weld County Health Department for approval prior to
operation. The facility shall have sufficient equipment available to implement dust control as required
by the Weld County Health Department.
D. Each of the two(2)existing home septic system(s)which are not currently permitted through the Weld
County Health Department 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 inadequate,the system(s)must be brought
into compliance with current I.S.D.S.regulations.
E. The plat shall be amended to show the location of all accesses onto Weld County Road 60 and should
label them as to whether the access is for residential use,commercial use,or agricultural use.
F. An amended recorded exemption application shall be submitted,reviewed,approved,and all
conditions met to amend Recorded Exemption 1119 so that Lot A encompasses all the portion of USR-
1069 north of Weld County Road 60 and Lot B is clear of USR-1069.
Motion seconded by Judy Yamaguchi.
•
950432
RESOLUTION,USR-1069
John Wardlaw
Page 2
VOTE:
For Passage • Against Passage
Ron Sommer
Marie Koolstra
Curt Moore
Judy Yamaguchi
Shirley Camenisch
Jack Epple
Richard Kimmel
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,Sharyn Frazer,Recording Secretary for the Weld County Planning Commission,do hereby certify that the above
and foregoing resolution,is a true copy of the resolution of the Planning Commission of Weld County,Colorado,
adopted on December 6, 1994.
Dated the 6th day of December, 1994.
Sharyn Fraz
Secretary
950432
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
John Wardlaw
USR-1069
1. The Site Specific Development Plan and Special Review permit is for a feedlot(2000 head)in the A
(Agricultural)zone district as submitted in the application materials on file in the Department of Planning
Services and subject to the Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning
Ordinance.
3. All construction on the property shall be in accordance with the requirements of the Weld County Building
Code Ordinance.
4. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5
of the Weld County Zoning Ordinance.
5. The property owner or operator shall be responsible for complying with the Operation Standards of Section
24.6 of the Weld County Zoning Ordinance.
6. All liquid and solid wastes shall be stored and removed for fmal disposal in a manner that protects against
surface and groundwater contamination.
7. No permanent disposal of wastes shall be permitted at this site.
8. Waste materials shall be handled,stored,and disposed in a manner that controls fugitive dust,blowing debris,
and other potential nuisance conditions.
9. The facility shall maintain compliance with the Confined Animal Feeding Operations Control Regulations and
Weld County Zoning Ordinance, Section 47.
10. 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 manure storage site shall have a water-tight
surface which does not permit seepage or percolation of manure pollutants into the ground.
11. Fugitive dust shall be controlled on this site.
12. The maximum permissible noise level shall not exceed the light industrial limit of 70 db(A),as measured
according to 25-12-102,Colorado Revised statutes.
13. All potentially hazardous chemicals must be stored and handled in a safe manner. Reference 25-8-205.5
Colorado Water Quality Control Act and Rules and Regulations thereof
14. The Special Review Permit shall not be transferrable to any successors in interest to the property and shall
terminate automatically upon conveyance or lease of the property to others for the operation of the feedlot.
15. Any conveyance of any portion of the property would be a major change and require approval to an
amendment to the Special Use Permit.
950432
DEVELOPMENT STANDARDS,USR-1069
John Wardlaw
Page 2
16. Personnel from 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 ensure the activities carried out on the
property comply with the Development Standards stated hereon and all applicable Weld County Regulations.
17. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards
and all applicable Weld County Regulations. Major 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 Planning
Commission and the 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.
18. 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 maybe reason for revocation of
the Permit by the Board of County Commissioners.
950432
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
December 6, 1994
Page 4
CASE NUMBER: USR-1068
APPLICANT: One Comm Corporation,do SASI
REQUEST: A Site Specific Development Plan and a Special Review permit for a communications tower(143 feet
high)in the A(Agricultural)zone district.
LEGAL DESCRIPTION: A portion of the NW 4 of Section 11,TIN,R66W of the 6th P.M.,Weld County, Colorado.
LOCATION: Approximately 1/2 mile north of Weld County Road 10;east of and adjacent to Weld County Road 33
right-of-way.
Monte Force,representative explained this request is for a telecommunications facility 2-1/2 miles southeast of Ft.Lupton.
This facility will service the City of Ft.Lupton and the U.S.Highway 85 corridor.
The Chairman asked if there was anyone in the audience who wished to speak for or against this application. No one
wished to speak.
Marie Koolstra moved Case Number USR-1068,One Comm Corporation,c/o SASI,be forwarded to the Board of County
Commissioners with the Planning Commission's recommendation for approval. Judy Yamaguchi seconded the motion.
The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Ron Sommer-yes;
Marie Koolstra - yes; Curt Moore-yes; Judy Yamaguchi-yes; Shirley Camenisch -yes; Jack Epple - yes;Richard
Kimmel-yes. Motion carried unanimously.
CASE NUMBER: USR-1069
APPLICANT: John Wardlaw
REQUEST: A Site Specific Development Plan and Special Review permit for a 2000 head feedlot in the A
(Agricultural)zone district.
LEGAL DESCRIPTION: Lot B of RE-1119,being a part of the E2 SW4 of Section 4, T5N,R64W and a part of the
NW4 of Section 9,T5N,R64W of the 6th P.M.,Weld County, Colorado.
LOCATION: North and south of and adjacent to Weld County Road 60;approximately 1/4 mile east of Weld County
Road 53.
Bob Wardlaw,father of the applicant,John Wardlaw,explained they bought a working feedlot and expanded it a little.
The original feedlot feed cows and the current owner feeds calves so they needed more room for"controlled" feeding.
He had concerns about some of the development standards,mainly the Use by Special Review being a process that a new
owner would have to undertake in order to continue the feedlot operation. He felt this restricted his son financially if he
chose to sell the property. The Planning Commission members asked questions and discussion followed regarding the
Use by Special Review being tied in with the applicant instead of the property.
The Chairman asked if there was anyone in the audience who wished to speak for or against this application. Don Carlson
have questions regarding the recorded exemptions that had gone on in the area. Charles and Lorainne Ozyizer,
surrounding property owners,were concerned about the number of cattle,dust and odor control. They built a new home
about three years ago and can't enjoy their own property due to problems with cutting hay and the operation on the
adjacent property.
Marie Koolstra was concerned about the Use by Special Review being transferred. The property owner should be able
to sell his property and get the value out of it.
ar'^uc �fiCf `r, 950432
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
December 6, 1994
Page 5
Curt Moore Case Number USR-1069,with the deletion of Condition of Approval#3c,for John Wardlaw,be forwarded
to the Board of County Commissioners with the Planning Commission's recommendation for approval. Judy Yamaguchi
seconded the motion.
The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Ron Sommer-yes;
Marie Koolstra - yes; Curt Moore - yes; Judy Yamaguchi-yes; Shirley Camenisch-yes; Jack Epple -yes; Richard
Kimmel-yes. Motion carried unanimously.
Meeting adjourned at 2:55 p.m.
Respectfully submitted,
41)h-kLii&arynFerelea39)\--
Secretary
, . , :; 950432
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