HomeMy WebLinkAbout992593.tiff SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, October 5, 1999
A regular meeting of the Weld County Planning Commission was held Tuesday, October 5,1999, in the Weld
County Public Health/Planning Building, (Room 210), 1555 N. 17th Avenue, Greeley, Colorado. The meeting
was called to order by Chairman, Fred Walker, at 1:30 p.m.
ROLL CALL
Fred Walker Present iI
Cristie Nicklas Present
John Folsum Present
Jack Epple Present
Bruce Fitzgerald Present
Michael Miller Present
Stephan Mokray Present
Arlan Marrs Present ='
Bryant Gimlin Present
Also Present: Julie Chester, Planner, Sheri Lockman, Planner; Department of Planning Services, Don Carroll,
Public Works; Trevor Jiricek, Department of Public Health and Environment; Lee Morrison, Assistant County
Attorney, Trisha Swanson, Secretary.
The summary of the last regular meeting of the Weld County Planning Commission held on September 21,
1999, was approved as read.
CASE NUMBER: Z-531
APPLICANT: Jim and Bonnie Bates/Coalbank Crest Subdivision
PLANNER: Julie Chester
LEGAL DESCRIPTION: Lot B of RE-2279; located in part of the NE4 of Section 33, T7N, R66W of
the 6th P.M., Weld County, Colorado.
REQUEST: A Minor Subdivision Change of Zone for 5 Estate Zoned lots
LOCATION: West of and adjacent to Weld County Road 31; south of Weld County Road 76.
Julie Chester, Department of Planning Services, presented Case Z-531 and stated that the applicant has
decided to withdraw the application and re-apply for a PUD.
Fred Walker asked if the applicant would like to address the Planning Commission concerning his withdrawal
and change to PUD application.
Jim Bates, applicant, stated that he felt there were several inconsistencies in the planning ordinances that
could come into play as to why he was withdrawing this application and that they could have been avoided.
He stated that the ordinances and/or the applications should state the requirement for a separate lot for a
road, which none of these do at this time. He also stated that the Department of Planning Services should
have instructed him to go with the PUD application process in the beginning and that this application should
have been stopped because the issues should have been caught before it reached this point.
Arlan Marrs moved that Case Z-531 be removed from the agenda as applicant had withdrawn the application.
Stephen Mokray seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsum, yes; Arlan Marrs, yes; Stephan Mokray, yes; Michael Miller, yes; Jack Epple, yes; Bryant Gimlin,
yes; Bruce Fitzgerald, yes; Cristie Nicklas, yes; Fred Walker, yes. Motion carried unanimously.
992593
SUMMARY OF THE WELD COUNY PLANNING COMMISSION
October 5, 1999
Page 2
CASE NUMBER: USR-1242
APPLICANT: Stan and Lori Waddell
PLANNER: Julie Chester
LEGAL DESCRIPTION: NE4 of Section 31, T9N, R65W of the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and a Use by Special Review Permit for an Agricultural
Service establishments primarily engaged in performing agricultural, animal husbandry, and
horticultural services on a fee or contract basis, including, custom meat processing for
Chicken and Turkey Processing Facility located in the A(Agricultural) Zone District.
LOCATION: South of and adjacent to Weld County Road 100; west of Weld County Road 39.
Julie Chester, Department of Planning Services, presented Case USR-1242 and read the case into the record.
Julie stated that the planning staff is recommending denial as the application does not fulfill section 24.7 of
the Weld County Zoning Ordinance for several reasons. Applicant has not complied with section 24.3.1.7,
which reads "That there is adequate provision for the protection of health, safety and welfare of the
inhabitants of the NEIGHBORHOOD and the County." . The Weld County Department of Public Health and
Environment indicated in a referral that the proposed cistern system does not comply. The Health Department
feels the lack of continuous water supply could result in less clean water or unsanitary processing.
Stan Waddell, applicant, stated that they are trying to get this permit to run a part time business with only his
wife and himself as employees. They would be processing less than 2,000 chickens per year with the
maximum number of birds being 150 per day. This would take at most 800 gallons of water a day and they
are proposing a 5,000 gallon water tank as well as an 18,000 gallon water tank to fill the cistern with. They
would process up to three times per week as it would be a part time business. He presented a letter from the
USDA stating the requirements for a poultry processing operation to run using a cistern.
Bryant Gimlin asked why they couldn't get a well. Stan stated that they would prefer that and had tried, but
the Division of Water resources had turned them down for a new commercial well or using their domestic well
for the processing. He stated that they can buy water for the cistern in the town of Nunn, only three miles
away, but that they would not be able to get a water line out to their property. The cistern would be stainless
steel and underground for insulation, with the water being transported by his truck pulling a water tank on a
trailer. He also has a neighbor with a four wheel drive vehicle if the truck were to break down. He stated that
they would not process without both the 5,000 and 18,000 gallon tanks full. Stan Waddell would like to be
inspected by the USDA or the Colorado Department of Agriculture to keep within the rules and wants to be
allowed to follow the USDA guidelines as he stated earlier.
Mike Miller asked how much waste would be generated and the process for storing it. Stan stated there would
be about 30 gallons of waste that would be stored in a walk-in refrigerator and then disposed of at a landfill.
Trevor Jiricek, Department of Public Health and Environment, asked for a clarification on the number of birds
and mentioned that he thought the USDA information was focused on a larger number being processed. He
wasn't sure if the USDA would be able to have an inspector on site for a small operation.
Stan Waddell stated that they wanted to be USDA inspected in order to sell in local stores.
Lori Waddell, applicant, had some questions concerning why the two septic systems they proposed were not
approved. They were told the first system was too small, but when they enlarged the system it was too large
for their purposes. Trevor stated that they could work the septic system out if the application was approved,
he just never received enough information from the engineer.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Boyd Collins, a neighbor in the area, said he wasn't against or for the application, he just wanted some
clarification about a few points. He wanted to state that there wasn't enough water to supply a well, as several
people in the area had come up with less water or completely gone dry. He also wanted to make sure the
odor was kept in compliance and that his wells wouldn't be affected. Jack Epple asked how deep the wells
SUMMARY OF THE WELD COUNY PLANNING COMMISSION
October 5, 1999
Page 3
were on his property and applicant said 60-80 feet. Fred said he thought the applicant would have to operate
under CAFO regulations with a disposal lagoon, but Trevor said it would just be under best management
practices.
Fred wanted to make sure the applicant understood that the water may be at$3.25 per 1,000 gallons, instead
of the$.50 per 1,000 gallons that the applicant had stated and if the applicant would be okay if this were the
case. The applicant stated that he would have no problem with even that amount.
Stephen Mokray asked Trevor if the automatic chlorination device was like a double safety imposed by the
USDA and Trevor said yes, it would be a second safety after the potable water was transported from the town.
Discussion ensued concerning the possible ways to keep the water potable and safe, while allowing the
applicants to operate their business. Discussion covered who would inspect the water and the facility itself.
Julie stated possible changes to the Condition of Approval #4 to read "Prior to the Board of County
Commissioner hearing: A. The applicant provide evidence from the town of Nunn, or any other potable water
source assurance that water is available and B. The applicant must enter into a standard drinking water
agreement with the Weld County Department of Public Health and Environment or some other certified
laboratory to test the cistern for potability on a quarterly basis. The results shall be reported to the Weld
County Department of Public Health and Environment." She also wanted to add Development Standard #24
and#25 with subsequent renumbering. Development Standard#24 to read "No wholesale processing shall
occur on site without inspection by an agent of USDA. All custom processing shall comply with rules and
regulations of the Colorado Department of Agriculture". Development Standard#25 All water transferred for
use on the property shall be transported in a vessel that maintains the quality of the water as determined by
the Weld County Department of Public Health and Environment".
Arlan Marrs moved that Case USR-1242, be forwarded to the Board of County Commissioners along with the
changes to the Conditions of Approval and Development Standards including subsequent renumbering with
the Planning Commission's recommendation of approval. Stephen Mokray seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsum, yes; Arlan Marrs, yes; Stephan Mokray, yes; Michael Miller, yes; Jack Epple, no; Bryant Gimlin,
yes; Bruce Fitzgerald, yes; Cristie Nicklas, yes; Fred Walker, yes. Motion carried.
CASE NUMBER: USR-1245
APPLICANT: Ray-Glo Holsteins
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Part of the NW4 of Section 14, T6N, R64W of the 6th P.M.,
Weld County, Colorado.
REQUEST: Site Specific Development Plan and Use by Special Review Permit for a Livestock
Confinement Operation (Dairy) in the Agricultural Zone District.
LOCATION: East of and adjacent to WCR 57; south of and adjacent to WCR 70.
Sheri Lockman, Department of Planning Services, presented Case USR-1245 and read the Conditions of
Approval and Development Standards into the record. She stated Development Standard #20 has been
deleted from preliminary staff comments as it is a duplicate of#9 and Development Standards have been
renumbered. The planning staff is recommending approval of this application.
Raymond Anderson, applicant, stated that this is a family operated dairy that has been operating since 1933
and they are just looking to expand it to keep up with the changing economy. The farm is run by he and his
son, who are partners.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
SUMMARY OF THE WELD COUNY PLANNING COMMISSION
October 5, 1999
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The Chair asked the applicant if they were in agreement with the Conditions of Approval and the Development
standards. Phil Brink, representative for the applicant stated that they were in agreement with all but one.
He mentioned that the Development Standard#20 addressed mandatory dust suppressant twice a year and
the houses across the road, but these were already being dealt with by their own nuisance management plan.
They feel this adds unnecessary cost to the applicant.
Don Carroll, Public Works, stated that there will be more traffic and this is for the property owners across the
street. Discussion ensued concerning adding a new condition to their own nuisance management plan to
address this need if there were complaints. The applicant was agreeable to this. The Planning Commission
discussed possible changes to keep Development Standard#20 with this idea in mind.
Sheri Lockman went over changes to the Development Standard #20 is to read "Dust Suppressant shall be
placed adjacent to the homes directly across from the main entrance to the facility (south access) and a
portion of the main access. Dust suppressant shall be placed as needed and shall be applied at least 150
feet beyond each residential structure. (Public Works)" . Condition of Approval #2B should read "In
accordance with CAFO, the applicant shall submit the facility's manure and waste water management plan
to the Colorado Department of Public Heath and Environment. (Health Dept.) ". Sheri also noted that Weld
County Health Department should be replaced with Weld County Department of Public Health and
Environment.
Arlan Marrs moved that Case USR-1245 , be forwarded to the Board of County Commissioners along with
change in the wording of Weld County Health Department to Weld County Department of Public Health and
Environment,#2B in the Conditions of Approval and changes to#20 in the Development Standards with the
Planning Commissions recommendation of approval. Bryant Gimlin seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsum,yes;Arlan Marrs, yes; Stephan Mokray, yes; Michael Miller,yes; Jack Epple, yes; Bryant Gimlin,yes;
Bruce Fitzgerald, yes; Cristie Nicklas, yes; Fred Walker, yes. Motion carried unanimously.
Meeting adjourned at 3:10 p.m.
Respectfully submitted
Trisha Swanson
Secretary
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