HomeMy WebLinkAbout962162.tiff WELD COUNTY PLANNING COMMISSION MINUTES
October 15, 1996
A regular meeting of the Weld County Planning Commission was held October 15, 1996, in the County
Commissioners' Hearing Room (Room#101), Weld County Centennial Building, 915 10th Street, Greeley,
Colorado. The meeting was called to order by Chairman, Arlan Marrs.
Tape 512
Glenn Vaad Present c:
Rusty Tucker Absent
Fred Walker Present .7
Shirley Camenisch Present
Cristie Nicklas Present ;
Jack Epple Present
Marie Koolstra Present
Ann Garrison Present Arlan Marrs Present
Also Present: Todd A. Hodges,Current Planner II,Shani L. Eastin, Current Planner, Kern D. Keithley, Current
Planner, Sara McGuire, Current Planner, Julie Chester, Zoning Compliance Officer, Department of Planning
Services; Jeff Stoll, Director, Trevor Jiricek, Supervisor, Weld County Health Department, Lee Morrison,
Assistant Weld County Attorney; Jill Boshinski, Secretary.
The summary of the last regular meeting of the Weld County Planning Commission held on October 1, 1996,
was approved as read.
1. CASE NUMBER: USR-1091 (continued from the September 7, 1995, regular scheduled meeting).
PLANNER: Todd A. Hodges
APPLICANT: Hirsch Dairy
REQUEST: A Site Specific Development Plan and a Special Review Permit for a 2,000 head
dairy in the A(Agricultural)zone district.
LEGAL DESCRIPTION: Located in Section 24, T7N, R67W of the 6th P.M., Weld County,
Colorado.
LOCATION: North of and adjacent to Weld County Road 78; approximately 1/4 mile east of Weld
County Road 23.
Todd Hodges presented a brief summary of the proposal and entered the favorable recommendation of the
Department of Planning Services into the record as written. This property is located on approximately 240
acres. The use allowed by right allows 960 unit animals and this application would allow the applicant to
increase to 2,000 unit animals. Mr. Hodges gave an overview of the adjacent areas to this property, including
two feeding operations.
Mr. Hodges referenced that this property lies within the referral boundary of the Town of Severance. The
Town of Severance indicated concerns of the compatibility of this proposal with the surrounding properties
and felt this use was not appropriate for the area. The Department of Planning Services' staff believes that
these concerns have been addressed through the Conditions of Approval and the Development Standards
and that the proposed use is compatible with existing surrounding land uses.
Mr. Hodges submitted a revised recommendation for the record with additions to the Conditions of Approval
on page 3-#2, #3, #4, and additions to the Development Standards to support the revised Conditions of
Approval a Special Review Permit.
Mr. Hodges referenced the chart showing animal units for Hirsch Dairy from September of 1995, through
September of 1996. Mr. Hodges explained that this dairy has been in violation May through present due to
the number of animal units. A violation notice has not been issued due to the fact the applicant is in process
of the Special Review Permit. Mr. Hodges visited this site on October 14, 1996, and the count of animal units
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WELD COUNTY PLANNING COMMISSION MINUTES
October 15, 1996
Page 2
was approximately 1,050 including the four additional animal units represented by the hogs on site.
One of the main concerns on this site is the detention facility. Mr. Hodges indicated that the applicants
representatives and Trevor could address the issues concerning the detention facility.
The Department of Planning Services'staff is recommending approval of this application with the Conditions
of Approval and the Development Standards as written.
Mr. Hodges presented a video taping with an overview of this site to the Planning Commission members.
John Chilson, Lawyer for the applicant, explained that this application is to expand an existing dairy operation.
Mr. Chilson stated that any dairy operation to remain viable and economically afloat has had to expand. In
order for this agricultural business to be economically viable it has had to have the capacity in the future to
expand or it will die. Other concerns addressed if this application was denied is the loss of fifteen jobs,
hundreds of thousands of dollars of cash flow to other agricultural operators in Colorado and free manure to
1,200 acres. Mr. Chilson explained that no agricultural operation is without problems when you are in the
livestock business. In this business you have flies, odors, manure, and waste water. Mr. Chilson referenced
the Weld County Zoning Ordinance is specifically strong on protecting agricultural on the encroachment of
residential uses. Mr. Chilson explained that there will be concerns from residence within approximately 200
yards of this dairy facility. Mr. Chilson explained that this development's expansion in number of animal units
will be expanding approximately over a ten year period.
Jake Hirsch, applicant, explained that he is the owner and operator of this application. Mr. Hirsch is applying
for a Special Review Permit for a 2,000 head dairy. Due to the position on agricultural economics the
financial situation is to increase the animal units to pay for this facility.
Mr. Chilson explained that one of the issues in this case is waste disposal and waste water management. Mr.
Hirsch, Mr. Hodges, Mr. Jiricek, and the Engineers,from Teracon had a meeting regarding these containment
issues.
David Rau, Principal Engineer, for Teracon, explained they have discussed with Mr. Hodges and Mr. Jiricek
the handling of manure, and liquid waste. The original manure and waste plan was put together using some
sophisticated models their company has used with other dairies. Comments received from Mr. Jiricek, they
have revised calculations using tabulated values within the state regulations which were more conservative.
Mr. Rau explained that Mr. Hirsch's water usage is approximately 1/3 of the normal water usage on a dairy
this size on a per cow basis. Mr. Hirsch has developed a system where the water at the dairy is consistently
re-used. The pond at the site is designed to hold waste water and storm water run-off and meets the criteria
for permabilities by one hundred times tighter than State standards by the tests they have performed.
Ann Garrison had questions on application rates based on plant available nitrogen for an 850 head of dairy.
Mr. Rau explained that this was part of the original plan. Ms. Garrison asked how this has changed with waste
water acres needed and solid acres required. Mr. Rau explained that it has been revised for a 2,000 head
dairy and they have received information from North Weld County on the water usage record. Based on
actual water usage the dairy could operate at 1,774 cows. The existing acres would allow the applicant 1,572
cows before he would have to find another source to handle the waste water.
Ms. Garrison had questions on cleaning procedures of solid wastes from the pond. Mr. Rau explained that
the solid build up in the pond is a slow process, and that there is mechanical manure separator and a settling
pond in front of the pond where solids are removed. The pond is dredged or scraped out with a backhoe and
this maintains a reasonably close tolerance to the initial pond geometry. Mr. Rau explained that there was
no soil lining placed in the pond and that the native soils made the natural lining of the pond. Ms. Garrison
had questions about waste water running from the dairy into Smith Lateral Ditch. Mr. Rau explained that a
conveyance structure across the lateral will be installed to the pond.
WELD COUNTY PLANNING COMMISSION MINUTES
October 15, 1996
Page 3
Mr. Chilson asked questions from Mr. Hirsch for the record. These were the following questions:
(Mr. Chilson) Have you agreed that you will have a separate meter for your dairy water? (Mr. Hirsch)Yes
(Mr. Chilson)This will enable you to measure what is going into the retention pond? (Mr. Hirsch)Yes
(Mr. Chilson) How many employees do you currently have? (Mr Hirsch)We have fifteen, I believe.
(Mr. Chilson) Do you raise some of your feed on the premises?(Mr. Hirsch)Yes, we raise some corn, silage
and a little barley and wheat.
(Mr. Chilson) How many acres under cultivation do you have? (Mr. Hirsch)Approximately, between 175 and
185 acres.
(Mr. Chilson)Will this expansion if granted take any of that land out of production? (Mr. Hirsch) Not to a great
extend, no.
(Mr. Chilson) Do you in addition to consuming what you raise on your farm land also buy commodities in your
business for feeding your cattle? (Mr. Hirsch)Yes, I do.
(Mr. Chilson)Approximately how many tons of hay do you buy a year? (Mr. Hirsch)We buy close to 2,000
tons of hay a year.
(Mr. Chilson) How many tons of corn/hominy do you buy? (Mr. Hirsch) We feed about 900 tons of
corn/hominy.
(Mr. Chilson) How many tons of silage a year do you use for feed? (Mr. Hirsch)We use around 5,000 tons
of corn/silage.
(Mr. Chilson) How many tons of processed beet pulp to purchase? (Mr. Hirsch)Around 3,000 ton.
(Mr. Chilson) Do you also purchase use bi-product of barley? (Mr. Hirsch)Yes, We use Brews Barley from
Budweiser.
(Mr. Chilson)All those purchases of farm commodities come from the income generated from your business,
it that correct? (Mr. Hirsch)Yes.
(Mr. Chilson) Mr. Hirsch in the vicinity of your dairy operation is there an existing sheep feedlot?(Mr. Hirsch)
Yes, there is.
(Mr. Chilson)Approximately how many head of sheep are fed there? (Mr. Hirsch) I think it's around 30,000
head from what Todd told me yesterday.
(Mr. Chilson) Is there also a feeding cattle operation to the west of you? (Mr. Hirsch) Yes there is.
(Mr. Chilson)Who is the owner of that operation? (Mr. Hirsch) Lind Farms.
(Mr. Chilson) Who is the owner of the sheep feeding operation? (Mr. Hirsch) I believe his name is Rollie
Wrench. (Mr. Chilson) Have those feeding operations been in existence during all the time you have had your
dairy? (Mr. Hirsch) Yes.
The Chairman asked if there was anyone in the audience who wished to speak for or against this application.
Mr. Hodges explained that there is a change to this application from the referral received from Ron Sommer.
Mr. Sommer stated there were two house in the field inspection, a house to the east and a house to the
southeast were for sale. This is incorrect and the property.owners explained that their properties are not for
sale.
Robert Anderson, representative for the Town of Severance, explained that he was not here to oppose this
commercial dairy operation. The Town of Severance is approximately one to one-half miles from this
application. Mr. Anderson referenced concerns on environmental issues, groundwater, and transportation
conditions.
Ms. Garrison asked if their concerns were on groundwater quality due to the nitrate level because of the
discharge of waste water. Mr. Anderson explained they were not privy to the engineering reports. Their
concerns came through a Board of Trustee's meeting concerning the groundwater.
Arlan Marrs asked if they were concerned with truck traffic or employee traffic. Mr. Anderson explained that
primarily commercial and agricultural traffic were their concerns.
WELD COUNTY PLANNING COMMISSION MINUTES
October 15, 1996
Page 4
Arlan Marrs asked if a gentlemen's agreement for traffic to proceed to Highway 14, would satisfy the Town
of Severance. Mr.Anderson said if they had some assurance that the traffic would be routed another direction
that this would certainly be steps towards progress. Arlan Marrs asked if the current facilities that were
adjacent to this property were generating considerable amounts of heavy truck traffic through the Town of
Severance. Mr. Anderson explained this issue has not been voiced in the town meetings. This application
is an issue due to the fact the traffic is the tanker trucks.
Mickey Lewis explained that in her opinion it seems there has to be sides with agricultural verses
development. Agricultural business was here first and has been here for over a century. People moving in
should realize we are not against growth, but have to realize they are moving next to agricultural businesses
with people who want to expand and earn a living like anyone else. Ms. Lewis stated that people who work
and farm agricultural related business are treated as second class citizen with no rights. New neighbors and
surrounding communities dictate especially when they are within a three mile enterprise zone. Ms. Lewis
explained that they have no voting privileges on these communities that effect the agricultural people. Ms.
Lewis explained that they have been involved in this application emotionally due to the fact this could effect
their lively-hood. Ms. Lewis stated that development has effected their business Lewis-Heifer Management
through more regulations required. Ms. Lewis stated they have to survive with agricultural economics
conditions, but the added restrictions of development and the people problems it brings. Ms. Lewis felt that
the problem the dairy expansion is not wanted is due to the potential development of this rural area
surrounding the dairy. Ms. Lewis explained that in their opinion Mr. Hirsch could do what he wanted to with
his land as long as it supported his plans and he complies within the regulations.
Mike Dickinson explained that he has a dairy farm in Larimer County which he built in 1989. They milk
approximately 2,000 cows and with the young stock there is approximately 5,500 animals on 160 acres. Mr.
Dickinson explained that their property is located near the Cities of Loveland and Fort Collins and the Town
of Windsor. Mr. Dickinson stated that large agricultural enterprises can work with communities. In their
waste management they went to a composting system. Mr. Dickinson stated that Mr. Hirsch was a herdsman
for him approximately eight years and that he is an ideal dairy farmer. Mr. Dickinson was in total support of
this application.
Mr. Marrs asked when composting manure does it reduce the volume and the weight by fifty percent. Mr.
Dickinson explained that this was correct. Mr. Marrs asked if there was a market for the sale of the composted
material. Mr. Dickinson explained that they started this process three years ago and has doubled each year.
They supply composting to Nurseries, State Highways, High Schools and Golf Courses
Mr. Marrs asked what techniques were used to control fly population. Mr. Anderson stated through working
the manure and keeping your place clean helps flies from breeding in the manure. Fly bait is also used to help
control the flies.
Dick Folkman explained that he was a partner in a local dairy equipment supply business. Mr. Folkman gave
an overview of the water system that he and Mr. Hirsch had developed for this operation. Mr. Folkman felt
that Mr. Hirsch was one of the best operators in the State and was in agreement with this application.
Mr. Marrs asked in this business of designing and installing equipment can you described the efficiencies of
milking more cows in relationship to the use of water. Mr. Folkman stated that the water usage is by what
equipment you use. If you milk one cow you have to use the same volume of water as if you milked 2,000
cows. Mr. Folkman explained that the Hirsch barn is expandable from the current twenty-four machines up
to forty machines.
Mr. Chilson asked questions from Mr. Hirsch for the record. These were the following questions.
(Mr. Chilson) Mr. Anderson from the Town of Severance had a concern about the truck traffic to your dairy.
Would you tell the members of the Planning Commission first of all on bringing beef commodities into your
WELD COUNTY PLANNING COMMISSION MINUTES
October 15, 1996
Page 5
dairy operation what is the normal route of the truck traffic to your operation? (Mr. Hirsch) Most of the truck
traffic from commodities brought in is from the north and east of my place off of Highway 14 and County Road
23. The brewery brings in brewers grain which is north of town. Most of my commodities come out of
Nebraska so they come in on Highway 14. The milk truck does drive through Severance, but it's a legal
weight so I don't see this as a problem.
(Mr. Chilson) How many milk tankers that haul milk from your dairy operation presently haul each day? (Mr.
Hirsch)We ship one semi-load a day which is about 48,000 pounds.
(Mr. Chilson)At 2,000 head if your permit were granted and at the time you build up to that how many tankers
would you have hauling from your dairy per day?(Mr. Hirsch)It would approximately be around two or maybe
three every four days.
Arlan Marrs asked what technique the applicant was using in the operation to control flies. Mr. Hirsch
explained that they springtooth corrals daily. The drying of manure does not give a chance for the flies to lay
eggs. The use of fly bait to help control the flies is also used. Arlan Marrs asked if the applicant was
inspected by State and Federal inspectors to determine cleanliness of the operation in relation to flies. Mr.
Hirsch stated that he hadn't been inspected lately. Arlan Marrs asked if he was inspected on a regular basis.
Mr. Hirsch stated that he was not. Arlan Marrs asked if there were any flies around the property before he
started construction and if so from what source. Mr Hirsch explained that there was and probably came from
the feed lots next to his property. Mr. Marrs asked how rainfall and variability of it during summer effect fly
population. Mr. Hirsch stated it would give the flies a place to breed. Mr. Marrs asked if the harrowing or
springtoothing of the open dirt lot is a technique commonly used on beef or sheep feedlots. Mr. Hirsch
explained that he did not believe it is.
Mr. Vaad had concerns on the difference between a confined animal unit and a concentrated animal feed
operation. Mr. Jiricek gave an overview of these operations and explained that they have extremely different
requirements as far as ground water protection service and record keeping. Concentrated animal feeding
operations consist of a 1,000 animal units or larger. Confined animal units consist of an animal feeding
operation that is less than 1,000 animal units.
Mr. Marrs had concerns about Condition of Approval#4D concerning the fly control plan that will be required
to be submitted to the Weld County Health Department and how they determine a nuisance condition. Mr.
Jiricek explained that the Weld County Health Department has been monitoring dairy and feed lot facilities
across the County to establish a baseline on the measurable number of flies to be determined as a nuance.
Ms. Garrison asked what type of equity there was for agricultural producers if they are grandfathered in and
do not require this fly control plan. Mr. Jiricek stated that even though they do not require a plan does not
mean they are exempt from a nuisance statute.
Ms. Garrison asked how they establish a fly count. Victor Sainz, with Colorado Department of Public Health
and Environment, explained that they can take samples of composting three or four times during a day and
based on the number collected per cubic foot of the sample they can set a guideline. Mr. Jiricek stated that
the Weld County Health Department measures on a fly grill and does site inspections to look for sources.
Mr. Marrs asked what the Weld County Health Department would do if there were continual complaints and
it was determined it was not a nuisance. Mr. Jiricek explained that the Health Department tries to educate
the complainants and work with the facilities who are receiving complaints.
Shirley Camenisch asked if the Weld County Health Department has received any complaints for flies in this
area. Mr. Jiricek explained that there has not been any complaints on flies, but they have received complaints
on rats. Mr. Jiricek stated that staff has visited the site, but they have not observed any rats on site. Mr.
Jiricek explained that Mr. Hirsch has taken preventions in controlling rats.
WELD COUNTY PLANNING COMMISSION MINUTES
October 15, 1996
Page 6
Lee Morrison stated that Ms. Garrison questions as to equity have been addressed through Mr. Hodges that
two of the facilities have Special Review Permits and there are general standards that apply to all livestock
feeding operations in Weld County under Section 47 of the Zoning Ordinance. This ordinance does not
specifically address flies, but it does address the handling of waste and would have effect on the generation
of flies. Mr. Morrison explained that there are statutory protections for agricultural operations.
The Chairman asked the applicant if he was in agreement with the Conditions of Approval and Development
Standards. The applicant was in agreement.
Ann Garrison motioned that Case Number USR-1091, Hirsch Dairy, be forwarded to the Board of County
Commissioners with the Conditions of Approval and Development Standards with Planning Commissions
recommendation for approval. Cristie Nicklas seconded the motion.
The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Glenn
Vaad-yes; Cristie Nicklas-yes; Fred Walker-yes; Marie Koolstra-yes; Jack Epple-yes; Ann Garrison-yes;
Shirley Camenisch-yes; Arlan Marrs-yes. Motion carried unanimously.
Ann Garrison excused herself from the hearing after Case Number USR-1091, Hirsch Dairy.
2. CASE NUMBER: USR-1128
PLANNER: Todd A. Hodges
APPLICANT: Kathryn Wall and Jeffrey Hammers
REQUEST: A Site Specific Development Plan and a Special Review Permit for a dog training
school and hobby kennel.
LEGAL DESCRIPTION: Located in a part of the SW4 of Section 27, Ti N, R68W of the 6th
P.M. Weld County, Colorado.
LOCATION: East of and adjacent to Weld County Road 7; south of Weld County Road 6; west
of I-25.
Todd A. Hodges presented a brief summary of the proposal and entered the favorable recommendation of
the Department of Planning Services into the record as written. This application is for a Special Review Permit
for a dog training school and hobby kennel and the maximum dogs allowed will be twenty dogs at this site.
Mr. Hodges referenced changes to the preliminary staff recommendation after discussion with the applicant
and with the Weld County Health Department. The following changes are so follows: 1)deletion of Condition
of Approval#4A and 2) addition of Development Standard#15. This property is located north of the Ranch
Eggs Subdivision that was mainly developed for egg producing facilities. Mr. Hodges explained that this
application had an existing Special Review Permit and has since been vacated by the Board of County
Commissioners.
The Department of Planning Services' staff recommends that the Planning Commission approve Case
Number USR-1128, with the eight Conditions of Approval and eighteen Development Standards as written
in the revised staff recommendation.
The applicants, Kathryn Walling and Jeff Hammers explained that they would like to operate a dog training
school and gave an overview of this business. Ms. Walling explained that the hobby kennel is theirs
exclusively and that they have been Sky Terrier breeders for over 25 years. These dogs are not for sale and
that the dogs are show stock .
Glenn Vaad asked how many people will come and go from this site on an average work day. Ms. Walling
explained that they train in the evenings for approximately one hour. Class sizes range from two to ten
students. Mr.Vaad expressed concerns with the removal of an access to this site. Ms.Walling explained that
they purchased this property with three accesses to the property so the removal of one access was not a
problem.
WELD COUNTY PLANNING COMMISSION MINUTES
October 15, 1996
Page 7
Arlan Marrs had a question about the removal of feces and other waste material from this facility. Ms.Walling
explained that they scoop the feces and place it in trash bags, or that you can burn some of the excess paper,
but that this is not generally done. Ms.Walling stated the primary removal for feces and other waste material
is through the public trash. Mr. Hammers explained that the dogs do not stay on the site for more than
approximately one to one-half hours so the volume of feces is a very small amount.
The Chairman asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Fred Walker motioned that Case Number USR-1128, Kathryn Walling and Jeffrey Hammers, be forwarded
to the Board of County Commissioners with the Conditions of Approval and Development Standards with
Planning Commissions recommendation for approval. Shirley Camenisch seconded the motion.
The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Glenn
Vaad-yes; Cristie Nicklas-yes; Fred Walker-yes; Marie Koolstra-yes; Jack Epple-yes; Shirley Camenisch-yes;
Arlan Marrs-yes. Motion carried unanimously.
3. CASE NUMBER: USR-1131
PLANNER: Shani L. Eastin
APPLICANT: Steve Lance
REQUEST: A Site Specific Development Plan and a Special Review Permit for a roping arena
in the A(Agricultural) zone district.
LEGAL DESCRIPTION: Lot B of RE-976, located in part of the S2 of Section 30; and the
NE4 of Section 31, T2N, R66W of the 6th P.M., Weld County,
Colorado.
LOCATION: East of and adjacent to Weld County Road 25; approximately 1/4 mile north of Weld
County Road 14 1/2.
Shani Eastin presented a brief summary of the proposal and entered the favorable recommendation of the
Department of Planning Services into the record as written. The Department of Planning Services' staff
believes that the applicant has shown compliance with the Weld County Zoning Ordinance, as amended, and
is consistent with the Weld County Comprehensive Plan Agricultural Goals and Policies. Ms. Eastin
referenced the referral response received from the Town of Fort Lupton and that their concerns have been
addressed by the applicant. The Town of Fort Lupton has no conflicts with this application.
The Department of Planning Services' staff recommends that the Planning Commission approve Case
Number USR-1131, with the nine Conditions of Approval and fifteen Development Standards.
The applicant, Steve Lance, explained that he originally built this arena for private use. Mr. Lance explained
that he would like to operate a roping arena to run Jackpots.
Fred Walker had concerns with the Weld County Health Departments requirements for a vaulted septic
system. The applicant requested for the use of porta-potties in this application. Mr. Lance addressed
concerns with the use of a vaulted system and felt that this would be to expensive and would like to use porta-
potties. Mr. Lance also addressed concerns on the confined animal feeding operations.
Trevor Jiricek explained that the Weld County Health Department is requiring a permanent septic system
which would be a vaulted system consisting of a 500 to 1,000 gallon concrete tank with a building on top.
Discussion followed between Mr. Jiricek and Planning Commission members and it was in their opinion that
the vaulted system would cost approximately one thousand dollars. Mr. Lance had concerns with the
property lying within the floodplain if this would require the tank to be placed above this level. Mr. Jiricek
explained that the floodplain policy requires sealing the lids and anchoring the tank.
WELD COUNTY PLANNING COMMISSION MINUTES
October 15, 1996
Page 8
Mr. Glenn Vaad had concerns with the amount of questions that the applicant had regarding the Conditions
of Approval and Development Standards and asked if this case should be continued. Lee Morrison, Assistant
Weld County Attorney, explained that it was his opinion the applicant and staff were not that far apart on the
recommendation. Mr. Morrison explained that the process of these applications is enough of a process and
unless the applicant is asking for continuance this case should be heard, but that it was to Mr.Vaad discretion
on this application.
Cristie Nicklas asked where the steers came from. Mr. Lance explained that he leases steers for roping and
then returns them to the owner. He also stated that five of the steers belong to him and are presently on site.
Ms. Nicklas asked for how many teams attend these jackpots. Mr. Lance explained that 125 to 175 teams
attend these jackpots which consist of approximately 50 to 60 people.
Arlan Marrs asked for clarification on the confined animal feeding requirements. Mr. Jiricek explained that
due to the limited animals on site temporary that this facility would require the applicant to control run off from
the arena. Mr. Jiricek explained that he has available a packet on Best Management Practices and gave an
overview of what was available in assisting the applicant to comply with these requirements.
Arlan Marrs addressed concerns with a letter received from a neighbor on the lighting in this area. Mr. Lance
explained he spoke with people bordering his property and they had no problems. The letter received from
the neighbor having concerns lives approximately two miles north of this site and he did not see how this could
effect them. Mr. Lance explained that the lights shine down on the arena.
Arlan Marrs asked for legal litigation on this lighting issue. Mr. Morrison explained that there is a standard that
addresses these issues in the zoning ordinance. Ms Eastin explained that this is covered under Development
Standard#12, which discusses the operation standards which are referred to in Section 24.6 of the Zoning
Ordinance.
The Chairman asked if there was anyone in the audience who wished to speak for or against this application.
Linda Piper, a surrounding property owner, explained that they have no opposition with this application. She
stated that they remodeled their home in 1977, and constructed it with a southern exposure. This southern
exposure has ten foot windows to take advantage of solar heat. The lights do not directly shine on their
property, but with the intensity of the lights the visual effects leave an extreme glare. Ms. Piper would like
the applicant to place backing on the lights due to the visual pollution.
Mr. Vaad asked what the hours were for this operation. Mr. Lance explained that the Jackpots run on
Wednesday and Thursday evenings. The time frame for the lights on are approximately between 8:00 p.m.
to 10:30 p.m. except when he uses it for his private use and can run until midnight. Ms. Eastin explained that
she had a video of the site for Planning Commission to view. The Planning Commission members declined
viewing this video. Ms. Eastin submitted pictures of this site into the record showing the lighting for the arena.
The Chairman asked the applicant if he was in agreement with the Conditions of Approval and the
Development Standards. Mr. Lance was in agreement with Conditions of Approval and Development
Standards except for Conditions of Approval #7. Ms. Eastin explained that it is staffs opinion that the
standards for Conditions of Approval#7 should not be removed due to a violation of obtaining proper electrical
permits. Ms. Eastin explained that further research showed that an electrical permit had not been issued for
a pole barn, but not the arena. Staff feels this is a public, health and safety issue and these lines need to be
inspected by an electrical inspector. Ms. Eastin explained that the applicant was contacted prior to this
hearing and given the opportunity to apply for the electrical permit.
Glenn Vaad motioned that Case Number USR-1131, Steve Lance, be forwarded to the Board of County
Commissioners with the Conditions of Approval and Development Standards with Planning Commissions
recommendation for approval. Jack Epple seconded the motion.
WELD COUNTY PLANNING COMMISSION MINUTES
October 15, 1996
Page 9
The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Glenn
Vaad-yes; Cristie Nicklas-yes; Fred Walker-yes; Marie Koolstra-yes; Jack Epple-yes; Shirley Camenisch-yes;
Arlan Marrs-yes. Motion carried unanimously.
4. CASE NUMBER: USR-1130
PLANNER: Kerri D. Keithley
APPLICANT: B.F.Y., LLC
REQUEST: Site Specific Development Plan and a Special Review Permit for a delivery company
w/warehousing for customers and recreational vehicle storage.
LEGAL DESCRIPTION: Lot A of RE-1727, located in part of the SW4 of the NW4 of Section
5, TIN, R67W of the 6th P.M., Weld County, Colorado.
LOCATION: East of and adjacent to Weld County Road 15; 1/4 mile south of Colorado State
Highway 52.
Kerri D. Keithley presented a brief summary of the proposal and entered the favorable recommendation of
the Department of Planning Services into the record as written. Ms. Keithley referenced that the property is
located adjacent to the City of Dacono and they have no conflicts with this application. In 1982, the Board of
County Commissioners approved a Special Review Permit for Martin Exploration on this site for an oil field
service business. The applicant is proposing to vacate the existing Special Review Permit and replace it with
this application.
The applicant is proposing a small courier business which utilizes approximately fourteen small trucks and
vans for delivery. They are currently operating this business on-site which was approved at a work session
with Board of County Commissioners in August. The site is screened with a six foot wooden privacy fence
which buffers the use from the adjacent properties as well as the road right-of-way. The access off of Weld
County Road 15 is currently being paved.
It is the opinion of the Department of Planning Services' staff that this application is consistent with the Weld
County Comprehensive Plan. The Department of Planning Services' staff has received three letters from
surrounding property owner in opposition to this proposal.
The Department of Planning Services recommends approval of this application with the Conditions of Approval
and Development Standards with a deletion of Conditions of Approval#2-I.
Fred Walker had concerns with Development Standard#2-G with the 1,000 gallon water storage tank. Ms.
Keithley explained that Mountain View Fire Protection District has reviewed this site and are in agreement with
the applicant to have the water storage tank.
The applicant, Larry Swisher,explained that they have re-located the Kangaroo Express Company to do small
courier delivery. The south end of the yard which is fenced and the east end the yard will be used in a future
date for RV and storage purposes. Mr. Swisher explained that they currently operate fourteen vehicles from
early in the morning until 8:30 p.m.
Arlan Marrs had concerns on traffic conditions to and from this property. Mr. Swisher gave an overview of
distribution between vehicles and traffic conditions from early morning to into the evening.
Arlan Marrs asked what type of products will be stored in the warehouse. Mr. Swisher explained that most
of the items being stored are from pharmaceutical companies and are sealed and packaged in boxes and are
on site from one to three days.
Arlan Marrs asked what the capacity for RV storage area is. Mr. Swisher explained that a maximum of two
hundred vehicles will utilize this area.
WELD COUNTY PLANNING COMMISSION MINUTES
October 15, 1996
Page 10
Arlan Marrs had concerns on the oil wells causing any potential effects on the pharmaceutical storage. Mr.
Sprucer explained that the oil wells are far enough away that this should not effect this storage area.
The Chairman asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Jack Epple motioned that Case Number 1130, be forwarded to the Board of County Commissioners with the
Conditions of Approval and Development Standards and the deletion of Conditions of Approval 2-1 with
Planning Commissions recommendation for approval. Fred Walker seconded the motion.
The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Glenn
Vaad-yes; Cristie Nicklas-yes; Fred Walker-yes; Marie Koolstra-yes; Jack Epple-yes; Shirley Camenisch-yes;
Arlan Marrs-yes. Motion carried unanimously.
Meeting adjourned at 4:05 p.m.
Respectfully submitted
Jill Boshinski
Secretary
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