HomeMy WebLinkAbout950431.tiffHEARING CERTIFICATION
DOCKET NO. 95-05
RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT #1069 FOR A
FEEDLOT (2000 HEAD) IN THE A (AGRICULTURAL) ZONE DISTRICT - JOHN
WARDLAW
A public hearing was conducted on January 11, 1995, at 10:00 a.m., with the following present:
Commissioner Dale K. Hall, Chairman
Commissioner Barbara J. Kirkmeyer, Pro-Tem
Commissioner George E. Baxter
Commissioner Constance L. Harbert
Commissioner W. H. Webster
Also present:
Acting Clerk to the Board, Shelly Miller
Assistant County Attorney, Lee Morrison
Planning Department representative, Todd Hodges
The following business was transacted:
I hereby certify that pursuant to a notice dated December 14, 1994, and duly published
December 29, 1994, in the Windsor Beacon, a public hearing was conducted to consider the
request of John Wardlaw for a Site Specific Development Plan and Special Review Permit for a
Feedlot (2000 head) in the A (Agricultural) Zone District. Lee Morrison, Assistant County Attorney,
made this a matter of record. Todd Hodges, Planning Department representative, presented the
Board with information received from the applicant's attorney and noted he attached a letter
referencing said information and staffs position concerning the non -conforming use on the property
as Exhibit E. Mr. Hodges reviewed said information and entered the favorable recommendation
of the Planning Commission into the record as written. Ken Lind, Attorney, represented the
applicant and stated all Conditions of Approval and Development Standards are acceptable except
Development Standards #14 and #15 concerning the non -transferability of the Permit and
conveyance of the property requiring an amendment. He stated those standards are very unusual
and unique for a feedlot operation and requested they be removed. Mr. Lind then presented 18
letters showing the continuous, uninterrupted feedlot use of the property for over 40 years as
Exhibit F. He referred to a map and explained the total properties of the applicant, which include
three parcels. He noted no change in location of the facilities will occur. Mr. Lind then explained
the reason for the Permit request stating the Wardlaws purchased the property in 1988 and
constructed four pens on Lot A of RE #1119 which has held the maximum capacity of 280 head
pursuant to the Zoning Ordinance. He explained, in order to better facilitate the operation and
include the four pens in the operation of the Permit site, the existing Recorded Exemption must be
amended to include the pens and the storage area in Lot A, which would leave the remainder of
the property north of Weld County Road 60 as Lot B and exclude it from the operation. Mr. Lind
noted the Permit will apply restrictions and control and require upgrades to the facility, which are
not required if left as a nonconforming use. He stated no land is being taken out of agricultural
production since all facilities are pre-existing. He reiterated, by amending the recorded exemption,
the Permit would be specifically defined to proposed Lot A. Mr. Lind reiterated his objections to
Development Standards #14 and #15, stating the applicant's right to sell the property/business
would be restricted. He reviewed additional information on stormwater control and changes made
to accommodate the existing oil facility. Don Carlson, Registered Engineer, explained the
proposed and existing run-off system and detention facility, which meet State regulations. He, too,
noted there is an existing oil and gas operation on site and referred to its easement on the last
page of Exhibit G, which was submitted by Adam Buna of Lyco Energy. Mr. Hodges referenced
Exhibit E, and Mr. Carlson indicated the location of the well, pipeline, separator, and the access
for the oil and gas facility and noted no changes will be made to the accesses. He also stated the
feedlot was constructed to allow room for a rig if necessary and there is an agreement between the
owners and the oil company, which will be included in the amended recorded exemption. Mr.
Carlson confirmed for Commissioner Webster that the retention pond will be enlarged pursuant to
State regulations. John Wardlaw, applicant, explained the history and procedures of his operation
PL0981
Pc. PL
950431
RE: HEARING CERTIFICATION - WARDLAW
PAGE 2
and answered questions from the Board. Regarding Development Standards #14 and #15, he
stated he has been feeding cattle for 17 years and invested all his money into it and the standards
put a freeze on his operation. Mr. Wardlaw answered further questions from the Board and
reiterated said Standards deprive him of long-range protection. Responding to a question from
Commissioner Baxter, Mr. Hodges clarified Development Standards #14 and #15 are completely
different issues. Concerning Standard #15, he stated a change in ownership is considered a major
change. Concerning Standard #14, Mr. Hodges stated this Permit has been reviewed based upon
this applicant's information; therefore, it should not be transferrable. He also noted staff would not
support the amended recorded exemption if it included the storage portion south of Road 60
because the parcel would then be split by the roadway; however, the storage portion could be
included in the Permit. For further clarification concerning Standard #15, Mr. Morrison explained
a reduction in the area of the permitted property would require an amendment, since it would be
considered a major change; however, Standard #14 transfers the entire property and the Board
must make a decision based on the questions raised by Mr. Lind. Chairman Hall stated Standard
#14 would be more applicable if the surrounding area was more likely to be developed. Mr.
Morrison noted the restriction detailed in Standard #14 has been imposed on other Permits, but
only with the consent of the applicant. He also clarified the nonconforming use is irrelevant. Mr.
Hodges further clarified the nonconforming use and the confusion concerning the Permit since the
operation has technically been in violation since 1988 due to the recorded exemption. After Mr.
Hodges' explanation, Mr. Lind stated he no longer objects to Development Standard #15; however,
he suggested adding the words "under the Special Review Permit" after the word "property" in said
Standard. He reiterated the applicant's desire to include the storage area in the Permit and the
recorded exemption and noted the Permit will cover two separate parcels if more than the amended
recorded exemption area is included in the Permit. Mr. Lind also suggested Condition of Approval
#3f could be considered inconsistent. After further discussion, Chairman Hall stated the matter
would be cleaner if the Permit included all the area north and south of Road 60, since that was
what the Planning Commission voted on. Charles Achziger, surrounding property owner,
questioned whether the facility is designed to hold 2000 head and complained about the
considerable increase in traffic, dust, odor, and other nuisances since the Wardlaws purchase. He
stated concern about his protection against further additions and expansions beyond the feedlot's
historical use. Staff addressed some of Mr. Achziger's concerns. Mr. Buna stated he is
representing the leasehold owner, Lyco Energy, to make sure pre-existing rights are recognized
in the Permit and the amended recorded exemption. He submitted a letter from Michael J.
Wozniak, Attorney representing Lyco Energy, as Exhibit H and further explained the location of the
tank battery, flow line, well head, separator, and other facilities. He stated concerns about the
distance to the fence lines being less than 75 feet and suggested the retention pond may be
located where the company would need to locate a deadman for a work -over rig. Mr. Buna also
noted the corrals were built over the flow line and requested the applicant agree to move them at
his own expense if flow -line work becomes necessary. Mr. Morrison explained the oil company's
right of use and stated if and when an easement is shown, the surface owner must bear the costs
to remove any structures over the flowline. Mr. Buna reiterated the need for the 75 -foot area and
the maintenance of the right to utilize the existing tank battery. Mr. Lind stated the oil and gas
matter is a non -issue and requires minor changes to the design of the water control structure. He
stated there is no problem with showing the location of the well and access sites, clarifying the
principal is understood that oil and gas rights cannot be interfered with and there is no problem
working with Lyco. Concerning Mr. Achziger's statements, Mr. Lind reiterated the differences
between a nonconforming use and a use under a Permit and reiterated there would be morecontrol
with the Permit. He requested Development Standard #14 be deleted and Condition of Approval
#3f be modified to also include all the area south of Road 60. Mr. Hodges suggested the addition
of Condition of Approval #3g requiring all oil and gas facilities be shown on the plat. Commissioner
Kirkmeyer moved to approve the request of John Wardlaw for a Site Specific Development Plan
and Special Review Permit for a Feedlot (2000 head) in the A (Agricultural) Zone District, based
on the recommendations of the Planning staff and the Planning Commission, with the Conditions
of Approval and Development Standards as entered into the record, including the addition of
Condition of Approval #3g, the deletion of Development Standard #14, and the additional language
as recommended by Mr. Lind to Development Standard #15. The motion was seconded by
Commissioner Webster, and it carried unanimously. Let the record reflect Mr. Lind also submitted
a letter dated January 11, 1995, addressed to Mr. Hodges, and it was marked as Exhibit I.
PL0981
RE: HEARING CERTIFICATION - WARDLAW
PAGE 3
This Certification was approved on the 16th day of January, 1995.
APPROVED:
ATTE9f : e A n BOARD OF COUNTY COMMISSIONERS
ELD COUNTY, COLORADO
Weld County Clerk to the Board
BY. 4e.-4 -Az/ t �
Deputy Clerk to the Board
TAPE #95-02
DOCKET #95-05
PL0981
Dale K. Hall, Chairman
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Barbara J. Kirkmeye „ Pro -Tern
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Constance L. Harbert
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W. H. Webster
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PL0981
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950431
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 11th DAY OF January 1995:
DOCKET # 95-03 - USR #1068 for ONECOMM Corporation, c/o SASI
DOCKET # 95-04 - USR #1065 for Arthur and Patricia Boyd
DOCKET # 95-05 - USR #1069 for John Wardlaw
DOCKET #
PLEASE legibly write or print your name and complete address and the DOCKET # (as listed
above) or the name of the applicant of the hearing you are attending.
NAME AND ADDRESS (Please include City and Zip Code) HEARING ATTENDING
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