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Home My WebLink About950434.tiffDATE: December 6, 1994 CASE NUMBER: USR-1069 NAME: John Wardlaw ADDRESS: 26271 Weld County Road 60, Greeley, CO 80631 REQUEST: A Site Specific Development Plan and Special Use Permit for a feedlot (2000 head) in the A (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. THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 24.7 of the Weld County Zoning Ordinance. 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: 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. 950424 IXNI$IT 5 RECOMMENDATION, USR-1069 John Wardlaw Page 2 This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Special Review permit shall be adopted and placed on the Special Review plat prior to recording the plat. The 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. 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. 950434 RECOMMENDATION, USR-1069 John Wardlaw Page 3 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 NPDES Permit shall be obtained from the Water Quality Control Division of the Colorado Department of Health for any proposed discharge into State Waterways. D. 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. E. 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. F. 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. G. 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. 950434 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 final 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. 950434 DEVELOPMENT STANDARDS, USR-1069 John Wardlaw Page 2 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. 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 may be reason for revocation of the Permit by the Board of County Commissioners. 950434 LAND -USE APPLICATION SUMMARY SHEET Date: December 6, 1994 CASE NUMBER: USR-1069 NAME: John Wardlaw ADDRESS: 26271 Weld County Road 60, Greeley, CO 80631 REQUEST: A Site Specific Development Plan and Special Use Permit for a feedlot (2000 head) in the A (Agricultural) zone district. LEGAL DESCRIPTION: Lot B 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. POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this Special Review permit is listed in Section 24.3 of the Weld County Zoning Ordinance. The Department of Planning Services' staff has received responses from the following agencies: 1. Weld County Extension Office 2. Weld County Public Works Department 3. Weld County Health Department The Department of Planning Services' staff has not received referral responses from: 1. Platte Valley Fire District 2. Town of Kersey The Department of Planning Services' staff has not received any objections from surrounding property owners. id EXHIBIT 950434 INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Applicant: John Wardlaw Case Number: USR-1069 Submitted or Prepared Prior to Hearing At Heating 1. Application 25 pages X 2. Application plat 1 page X 3. DPS referral summary sheet and letter X 4. DPS letter to applicant X 5. DPS Recommendation X 6. DPS Surrounding Property Owner/Mineral Owner Mailing list, letter and certificate - 3 pages X 7. DPS Maps Prepared by Planning Technician - 3 pages X 8. DPS Notice of Hearing X 9. DPS Case File Summary Sheet X 10. DPS Field Check X 11. Referral from Weld County Extension Office, dated November 9, 1994 X 12. Referral from Weld County Public Works, dated November 18, 1994 X 13. Referral from Weld County Health Department, dated November 29, 1994 X 14. Letter from Charles and Lorene Achziger (concerns) dated December 1, 1994. X 15. Conditions from Charles and Lorene Achziger 16. Referral from Town of Kersey, dated November 29, 1994 X X I hereby certify that the 16 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to the Clerk to the Board's office on December 12, 1994. Todd Hodges, Current P STATE OF COLORADO ) COUI ry OF WELD • t` SUBSCRI$AD.-AND SWORN TO BEFORE ME THIS z2 nn77 .n'. : H. r twee ' fiU • ``C.•:<? r'My Cotnmis'siBn,Expires I. Cr r0,. Ex h,i,h.if'A .01k lq9S- day of er NOT ' '-b PUBLIC 950434 FIELD CHECK FILING NUMBER: USR-1069 DATE OF INSPECTION: 11/23/94 APPLICANT'S NAME: John Wardlaw REQUEST: A site specific development plan and special use permit for a feedlot (2000 head) in the A (Agricultural) zone. LEGAL DESCRIPTION: Lot B 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. LAND USE: N Agricultural E Agricultural S Agricultural W Agricultural ZONING: N A (Agricultural) E A (Agricutural) S A (Agricultural) W A (Agricultural) COMMENTS: The feedlot is in operation, and storage of feed is south of WCR 60. The drawing appears to match the drawing provided by the applicit. Todd A. Hodges ent Planner 950434 Il COLORADO November 8, 1994 John Wardlaw 26271 Weld County Road 60 Greeley, CO 80631 DEPARTMENT OF PLANNING SERVICES PHONE (303) 353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GP,,EELEY, COLORADO 80631 Subject: USR-1069 - Request for a Site Specific Development Plan and a Special Review permit for a 2000 head feedlot in the A (Agricultural) zone district on a parcel of land described as Lot B of RE -1119, located in the E2 SW4 of Section 4, T5N, R64W and a parcel located in the NW4 of Section 9, T5N, R64W of the 6th P.M., Weld County, Colorado. Dear Mr. Wardlaw: Your application and related materials for the request described above are being processed. 1 have scheduled a meeting with the Weld County Planning Commission for December 6, 1994, at 1:30 p.m. This meeting will take place in the County Commissioners' Hearing Room, first floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members might have with respect to your application. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Kersey Planning Commission for its review and comments. Please call Marlin Hookom, at 353-1681, for further details regarding the date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the Kersey Planning Commission meeting to answer any questions the Commission members may have with respect to your application. Sometime prior to November 23, 1994 , a representative from the Department of Planning Services will be out to the property to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property under consideration is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and post a second sign at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. 950434 • EXHIBIT j41 John Wardlaw, USR-1069 Page 2 The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission. This recommendation will be available twenty-four (24) hours before the scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services' office before the Planning Commission hearing to make arrangements to obtain the recommendation. If you have any questions concerning this matter, please feel free to call me. Respectfully, Todd A. Hodges Current Planner 950434 Hello