HomeMy WebLinkAbout20233636.tiff EXHIBIT
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Before the Weld County , Colorado , Planning Commission gear6 --CCZto
Resolution of Recommendation to the Board of County Commissioners
Moved by Butch White , that the following resolution be introduced for passage by the Weld County Planning
Commission . Be it resolved by the Weld County Planning Commission that the application for:
Case Number: USR23-0036
Applicant: Rooster Land Company , LLC
Planner: Chris Gathman
Request: A Site Specific Development Plan and Use by Special Review Permit for a Livestock
Confinement Operation ( Dry Cow Facility for up to 2 , 000 cows ) in the A (Agricultural )
Zone District .
Legal Description : Lot B of Recorded Exemption , RE-712 ; being part of the SW1 /4 of Section 12 , Township
2 North , Range 66 West of the 6th P . M . , Weld County . Colorado .
Location : North of and adjacent to County Road 22 ; 0 . 5 miles west of County Road 37 .
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 23-
2-260 of the Weld County Code .
2 . It is the opinion of the Planning Commission that the applicant has shown compliance
with Section 23-2-220 of the Weld County Code as follows :
A . Section 23-2-220 . A . 1 -- The proposed use is consistent with Chapter 22 and any
other applicable code provisions or ordinance in effect .
Section 22-2- 30 .A. 4 states : " Farming or ranching operations are not considered a nuisance as
long as they employ common or reasonable agricultural practices . "
This is an existing livestock confinement operation (dairy) . No new buildings or structures are
proposed under this application . The Department of Planning Services has checked the
compliance record and there is no record of a violation regarding operation of the existing
facility since it was purchased by Rooster Land Company LLC in spring of 2022 .
Section 22-2-30 Land Use Goals
Section 22-2-30. 0. Harmonize development with surrounding land uses.
The application materials included a Nuisance Management Plan and Preliminary Waste
Management Plan per the Colorado Department of Public Health and Environment
Concentrated Animal Feeding Operation ( CAFO ) requirements , which will help mitigate
potential impacts of the facility . The applicant is proposing to expand the animal units
allowed in an existing facility .
The Weld County Right to Farm Statement states in part: "Section 35-3 . 5- 102 . C . R . S . , provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or
reasonably associated with agricultural production . "
Sec. 22-2-50. 8. 3. Prevent surface and groundwater contamination.
The facility is required to maintain compliance with Colorado Water Quality Control
regulations .
A Development Standard is attached requiring that there will be no discharge of manure or
process wastewater except as provided in the approved Colorado Discharge Permit for the
facility The facility will have to adhere to development standards regarding nuisance
management,odor,waste management that do not apply to use by right Confined Animal
Feeding Operations
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B Section 23-2-220 A 2 --The proposed use is consistent with the intent of the A
(Agricultural)Zone District
1 Section 23-3-10 —Intent, of the Weld County Code states,"Agriculture in the County is
considered a valuable resource which must be protected from adverse impacts resulting from
uncontrolled and undirected business,industrial and residential land uses The A(Agricultural)
Zone District is established to maintain and promote agriculture as an essential feature of the
County The A(Agricultural)Zone District is intended to provide areas for the conduct of
agricultural activities and activities related to agriculture and agricultural production,and for
areas for natural resource extraction and energy development,without the interference of
other,incompatible land uses
Section 23-3-40 O lists Livestock Confinement Operations as a Use by Special Review in
the A(Agricultural)Zone District
This use supports agricultural activities and activities related to agriculture This proposed use
supports an agncultural related use(dairy) Dairies support other agricultural activities and
businesses in the county(crop production)
The proposed use is consistent with the intent of the A(Agricultural)Zone District and the
use is permittable under Section 23-3-40 O of the Weld County Code which allows for a
Site Specific Development Plan and Use by Special Review Permit for a livestock confinement
operation Additionally,the application materials included a Nuisance Management Plan and
Preliminary Waste Management Plan per the Colorado Department of Public Health and
Environment Concentrated Animal Feeding Operation(CAFO)requirements,which will help
mitigate potential impacts of the facility
C Section 23-2-220 A 3--The uses which will be permitted will be compatible with the
existing surrounding land uses
The adjacent lands consist of pastures,crops,and rural residences There are five(5)
residences located to the west and southwest of the operation Two residential lots immediately
border the property to the west The nearest residence is located approximately 350-375 feet
from the nearest shade structure The access road on the west side of the dairy and some
existing buildings in place prior to the expansion of the facility(such as the equipment building)
are located to the west of the new improvements and closer to the residences
According to county records there are multiple oil and gas support USRs within one mile of the
site USR21-0021 (compressed natural gas fuel station), 3AMUSR-1002 (natural gas
processing facility),2AMSUP-211 (natural gas compressor facility), 1 MUSR19-12-00 23
(natural gas processing facility),MUSR14-0010(oil and gas processing facility),1 MUSR18-12-
0074(greater than 10-inch natural gas pipeline and pump station),MUSR12-0006(natural gas
plant), USR12-0050(greater than 10-inch natural gas pipeline), USR14-0067(electrical
substation),USR21-0005 (compressed natural gas station),MUSR14-0022 (natural gas
pipeline),USR18-0077(36-inch crude oil pipeline)are located within one mile to the west and
southwest and USR-701(accessory structure)is located within 1-mile to the east of the site
The Weld County Department of Planning Services sent notice to ten(10)Surrounding
Property Owners Planning staff received correspondence from two(2)surrounding property
owners within 500 feet of the parent parcel One(1)letter outlining concerns about the
expansion being incompatible with the surrounding area(nearby residential lots),traffic noise
during all hours of the day,potential traffic hazards with traffic(semis)pulling onto County Road
22 in this location,concerns with the amount of manure onsite as well as the odor
generated from the facility The other letter expressed concerns with increased manure and f
lies that would come with the expansion Concern with the proximity of the existing operation
(and proposed expansion)to their residence The letter-expresses concerns with the
increase in flies,odor and manure that has come from the expansion of the operations
Lights from the operation shining into their bedroom The letter also indicates that operations
start early(around 4 AM)and there is frequent noise from beeping trucks associated with
the facility
The Conditions of Approval require that the Development Standards and Conditions of
Approval will assist in mitigating the impacts of the facility on the adjacent properties and ensure
compatibility with surrounding land uses and the region Weld County is a Right to Farm
County It should be noted that livestock confinement operations that require a use by special
review permit requires submittal and adherence to a waste management plan and nuisance
management plan to address and mitigate f lies,odors and manure associated with the
operation Additionally,a lighting plan is required to be submitted and accepted by the
Department of Planning Services and a Development Standard is attached that requires the
operation to comply with Commercial Noise limits delineated in Colorado Revised Statutes
The proposed use is in an area that can support this development and the Development
Standards,and the Conditions of Approval will assist in mitigating the impacts of the facility on
the adjacent properties and ensure compatibility with surrounding land uses and the region
D Section 23-2-220 A4 --The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other applicable
code provisions or ordinances in effect,or the adopted Master Plans of affected municipalities
The site is not located within a three-mile referral area or within a Cooperative Planning
Agreement boundary of a municipality
E Section 23-2-220 A 5--The application complies with Chapter 23,Articles V and XI,of the
Weld County Code
The property is not located within any overlay district officially adopted by the County,
including A-P(Airport)Overlay District,1-25 Overlay District,Geologic Hazard Overlay District,
MS4-Municipal Separate Storm Sewer System area,Special Flood Hazard Area,Historic
Townsites Overlay District,or Agricultural Heritage Overlay District
Building Permits issued on the lot will be required to adhere to the fee structure of the County-
Wrde Road Impact Fee Program Building Permits issued on the proposed lot will be
required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee
Programs
F Section 23-2-220 A 6--The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use
The facility is located on soils identified as Farmland of statewide importance, Prime
farmland if irrigated and the product of I(soil erodibility)x C(climate factor)does not exceed
60, Not prime farmland and farmland of importance This is an existing livestock
confinement facility,and no additional improvements and buildings are proposed
G Section 23-2-220 A 7—There is adequate provisions for the protection of the health,safety,
and welfare of the inhabitants of the neighborhood and County
The Design Standards(Section 23-2-240,Weld County Code),Operation Standards(Section
23-2-250,Weld County Code),Conditions of Approval and Development Standards can ensure
that there are adequate provisions for the protection of health,safety,and welfare of the
inhabitants of the neighborhood and County
This proposal has been reviewed by the appropriate referral agencies and it has been
determined that the attached conditions of approval and development standards ensure that
there are adequate provisions for the protection of the health,safety and welfare of the
inhabitants of the neighborhood and county and will address and mitigate impacts on the
surrounding area with the operation of this facility
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 recommendation for approval is conditional upon the following
1 Prior to recording the map
A A Road Maintenance Agreement is required at this location Road maintenance includes,
but is not limited to,dust control and damage repair to specified haul routes (Development
Review)
B A Lighting Plan shall be submitted and accepted by the Department of Planning Services
(Department of Planning Services)
C The applicant shall acknowledge the comments of the Division of Water Resources as
stated in their referral letter dated August 16,2023 Written evidence of such shall be provided to
the Department of Planning Services (Division of Water Resources)
D The map shall be amended to delineate the following
1 All sheets of the map shall be labeled USR23-0036(Department of Planning Services)
2 The attached Development Standards (Department of Planning Services)
3 The map shall be prepared in accordance with Section 23-2-260 D of the Weld County
Code(Department of Planning Services)
4 The applicant shall delineate on the map the trash collection areas Section 23-2-240 A
13 of the Weld County Code addresses the issue of trash collection areas(Department of
Planning Services)
5 The map shall delineate the onsite lighting in accordance with the accepted Lighting Plan
(Department of Planning Services)
6 All signs shall be shown on the map and shall adhere to Chapter 23,Article IV,Division
2 of the Weld County Code,if applicable (Department of Planning Services)
7 The map shall delineate the parking area for the vendors,customers and/or employees
(Department of Planning Services)
8 Show and label all recorded easements and rights-of-way shall be delineated on the map
by book and page number or reception number (Department of Planning Services)
9 CR 22 is a paved road and is designated on the Weld County Functional Classification
Map as an arterial road which requires 140 feet of right-of-way at full buildout The
applicant shall delineate and label on the site map the future and existing right-of-way
(along with the documents creating the existing right-of-way)and the physical location of the
road All setbacks shall be measured from the edge of right-of-way This road is
maintained by Weld County(Development Review)
10 County Road 35 is an unmaintained section line right-of-way The applicant shall verify
and delineate on the map the unmaintained right-of-way and the documents creating the
right-of-way All setbacks shall be measured from the edge of right-of-way This road is
not maintained by Weld County Any unmaintained road needs to be located/identified in
relationship to the right-of-way Show and label the section line Right-of-Way as"CR 35
Section Line Right-of-way,not County maintained" (Development Review)
11 Show and label the existing permitted access points onto CR 22 and the usage
type(Agriculture,Residential,Commercial/Industrial,or Oil and Gas) (Development
Review)
12 Show and label the required tracking control (Development Review)
13 Show and label the drainage flow arrows (Development Review)
2 Upon completion of Condition of Approval#1 above,the applicant shall submit one(1)electronic
copy(pdf)of the map for preliminary approval to the Weld County Department of Planning
Services Upon approval of the map the applicant shall submit a Mylar map along with all other
documentation required as Conditions of Approval The Mylar map shall be recorded in the
office of the Weld County Clerk and Recorder by the Department of Planning Services The map
shall be prepared in accordance with the requirements of Section 23-2-260 D of the Weld County
Code The Mylar map and additional requirements shall be submitted within one hundred twenty
(120)days from the date of the Board of County Commissioners Resolution The applicant shall be
responsible for paying the recording fee (Department of Planning Services)
3 In accordance with Appendix 5-J of the Weld County Code,should the map not be recorded
within the specified timeline from the date of the Board of County Commissioners Resolution,a
$50 00 recording continuance fee shall be added for each additional 3-month period(Department
of Planning Services)
4 The Use by Special Review is not perfected until the Conditions of Approval are completed and the
map is recorded Activity shall not occur,nor shall any building or electrical permits be issued on
the property,until the Use by Special Review map is read y to be recorded in the office of the Weld
County Clerk and Recorder or the applicant has been approved for an early release agreement
(Department of Planning Services)
Motion seconded by Michael Wailes
VOTE
For Passage Against Passage Absent
Elijah Hatch
Skip Holland
Butch White
Pamela Edens
Michael Wailes
Michael Palizzi
Shana Morgan
Virginia Guderjahn
Barney Hammond
The Chair 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,Michelle Wall,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 5,2023
Dated the 5th day of December 2023
Mtdie f&,tt
Michelle Wall
Secretary
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Rooster Land Company LLC
USR23-0036
1 A Site Specific Development Plan and Use by Special Review Permit for a Livestock Confinement
Operation(Dry Cow Facility for up to 2,000 Cows to support an existing onsite use by right
dairy)in the A(Agricultural)Zone District,subject to the Development Standards stated hereon
(Department of Planning Services)
2 Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code(Department of Planning Services)
3 The hours of operation are(24)twenty-four hours a day Monday through Sunday(Department of
Planning Services)
4 The number of on-site employees shall be up to up to five(5),as stated in the application materials
(Department of Planning Services)
5 The parking area on the site shall be maintained (Department of Planning Services)
6 All signs shall adhere to Chapter 23,Article IV, and Division 2 of the Weld County Code
(Department of Planning Services)
7 The property owner or operator shall be responsible for controlling noxious weeds on the site,
pursuant to Chapter 15,Article I and II,of the Weld County Code (Development-Review)
8 The access to the site shall be maintained to mitigate any impacts to the public road,including
damages and/or off-site tracking (Development Review)
9 Any work that may occupy and or encroach upon any County rights-of-way or easement shall
acquire an approved Right-of-Way Use Permit prior to commencement (Development Review)
10 There shall be no parking or staging of vehicles on public roads On-site parking shall be utilized
(Development Review)
11 The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement(Development Review)
12 The Road Maintenance Agreement for this site may be reviewed on an annual basis,including a
site visit and possible updates (Development Review)
13 The historical f low patterns and runoff amounts on the site will be maintained (Development
Review)
14 All liquid and solid wastes(as defined in the Solid Wastes Disposal Sites and Facilities Act,30-20-
100 5,C R S,as amended)shall be stored and removed for final disposal in a manner that protects
against surface and groundwater contamination (Department of Public Health and Environment)
15 No permanent disposal of wastes shall be permitted at this site This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites
and Facilities Act,Section 30-20-100 5,C R S (Department of Public Health and Environment)
16 Waste materials shall be handled,stored,and disposed of in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions The
applicant shall operate in accordance with Chapter 14,Article 1 of the Weld County Code
(Department of Public Health and Environment)
17 . Fugitive dust should attempt to be confined on the property . Uses on the property should
comply with the Colorado Air Quality Commission' s air quality regulations . ( Department of
Public Health and Environment)
18 . A permanent , adequate water supply shall be provided for drinking and sanitary purposes .
( Department of Public Health and Environment)
19 . Any On-site Wastewater Treatment System located on the property must comply with all
provisions of the Weld County Code . pertaining to Onsite Wastewater Treatment Systems .
( Department of Public Health and Environment)
20 . Adequate drinking , handwashing and toilet facilities shall be provided for employees and
patrons of the facility , at all times . For employees or contractors that are on site for less than 2
consecutive hours a day portable toilets and bottled water are acceptable . Records of
maintenance and proper disposal for portable toilets shall be retained on a quarterly basis and
available for review by the Weld County Department of Public Health and Environment .
Portable toilets shall be serviced by a cleaner licensed in Weld County and shall contain
hand sanitizers . Portable toilets shall be screened from existing adjacent residential
properties and public rights -of way . ( Department of Public Health and Environment)
21 . The facility shall operate in compliance with Colorado Water Quality Control Commission
Regulation 81 ( 5 CCR 1002-81 ) and 61 ( 5 CCR 1002-61 ) . There shall be no discharge of
manure or process wastewater , except as provided in the facility's Colorado Discharge Permit.
( Department of Public Health and Environment)
22 . If required , a Stormwater Discharge Permit shall be obtained from the Colorado Water
Quality Control Division , for construction activities . ( Department of Public Health and
Environment)
23 . Any manure or process wastewater applications shall be at agronomic rates and in
accordance with the Nutrient Management Plan or Manure and Wastewater Management
Plan . There shall be no discharge from land application areas , except for agricultural
stormwater . ( Department of Public Health and Environment)
24 . The facility shall be operated and maintained in a manner to prevent nuisance conditions , in
accordance with the approved Management Plan for Nuisance Control . ( Department of
Public Health and Environment)
25 . The facility shall be operated in a manner to control pests at all times , in accordance with the
current approved Management Plan for Nuisance Control . Additional control measures shall be
implemented at the request of the Weld County Department of Public Health and Environment . in
the event that rodents , which can be determined to be associated with the facility . are in such a
number to be considered a nuisance condition .
26 . The facility shall be operated in a manner to control flies at all times , in accordance with the
current approved Management Plan for Nuisance Control . Additional fly control measures shall
be implemented at the request of the Weld County Department of Public Health and
Environment , in the event that flies . which can be determined to be associated with the facility .
are in such a number to be considered a nuisance condition . Additional controls shall also be
implemented in the event the Weld County Department of Public Health and Environment
received a significant number of fly complaints associated with the facility , and in the judgment
of the Weld County Health Officer , there exists a fly condition requiring abatement .
27 . Odors detected off the site shall not equal , or exceed , the level of fifteen-to- one dilution
threshold , as measured using methods set forth in Regulation 2 of the Colorado Air Pollution
Control Regulations . Additional controls shall be implemented , at the request of the Weld
County Department of Public Health and Environment ; in the event odor levels detected off
site of the facility meet , or exceed , the level of fifteen-to-one dilution threshold , or in the
judgment of the Weld County Health Officer, there exists an odor condition requiring
abatement . ( Department of Public Health and Environment)
28 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,f lies,insect pests,or pollutant runoff
The surface beneath the manure storage areas shall be of materials which are protective of
state waters These areas shall be constructed to minimize seepage or percolation of manure
contaminated water In no event shall the facility impact or degrade waters of the State,in
violation of Colorado Water Quality Control Commission Regulation Number 81 (Department
of Public Health and Environment)
29 The facility shall operate in compliance with applicable Colorado Air Quality Control
Regulations There shall be no open burning except"Agricultural Open Burning"as defined
by Colorado Air Quality Control Regulations(Department of Public Health and Environment)
30 The facility shall adhere to the maximum permissible noise levels allowed in the Commercial
Zone as delineated in 25-12-103 C R S (Department of Public Health and Environment)
31 All chemicals must be handled in a safe manner, in accordance with product labeling All
chemicals must be stored securely,on an impervious surface,and in accordance with
manufacturer's recommendations (Department of Public Health and Environment)
32 The applicant shall notify the County upon receipt of any compliance advisory or other
notice of non-compliance of a State issued permit,and of the outcome or disposition of any such
compliance advisory or other notice of non-compliance (Department of Public Health and
Environment)
33 The facility shall notify the County of any revocation and/or suspension of any State issued
permit(Department of Public Health and Environment)
34 The operation shall comply with all applicable rules and regulations of State and Federal
agencies and the Weld County Code (Department of Public Health and Environment)
35 Lighting shall be maintained in accordance with the accepted Lighting Plan(Department of
Planning Services)
36 Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties
Sources of light should not cause a nuisance or interfere with the use on the adjacent properties
in accordance with the map Neither the direct,nor reflected,light from any light source may
create a traffic hazard to operators of motor vehicles on public or private streets No colored
lights may be used which may be confused with,or construed as,traffic control devices
(Department of Planning Services)
37 Building permits may be required,for any new construction,set up of manufactured structures,
or change of use of existing buildings per Section 29-3-10 of the Weld County Code Buildings
and structures shall conform to the requirements of the various cod es adopted at the time of
permit application Currently the following has been adopted by Weld County 2018 International
Building Codes,2018 International Energy Code,2020 National Electrical Code,and Chapter29
of the Weld County Code`A Building Permit Application must be completed and two(2)
complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or
engineer must be submitted for review A Geotechnical Engineering Report,performed by a
Colorado registered engineer,shall be required or an Open Hole Inspection A building permit
must be issued prior to the start of construction (Department of Building Inspection)
38 Building Permits issued on the proposed lots will be required to adhere to the fee structure of the
County Facility Fee,County-Wide Road Impact Fee,and Drainage Impact Fee Programs
39 The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code (Department of Planning
Services)
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40 All buildings shall comply with the setback from oil and gas wells per Section 23-4-700,as
amended
41 Necessary personnel from the Weld County Departments of Planning Services,Public Works,
and Public Health and Environment 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
Conditions of Approval and Development Standards stated herein and all applicable Weld
County regulations (Department of Planning Services)
42 The Use by Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations Substantial 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 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 (Department of Planning
Services)
43 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
(Department of Planning Services)
44 Construction or use pursuant to approval of a Use by Special Review Permit shall be
commenced within three(3)years from the date of Board of County Commissioners signed
Resolution,unless otherwise specified by the Board of County Commissioners when issuing the
original Permit,or the Permit shall be vacated
45 A Use by Special Review shall terminate when the USE is discontinued for a period of three(3)
consecutive years,the USE of the land changes or the time period established by the Board
of County Commissioners through the approval process expires The landowner may notify the
Department of Planning Services of a termination of the USE,or Planning Services staff may
observe that the USE has been terminated When either the Department of Planning Services is
notified by the landowner,or when the Department of Planning Services observes that the
USE may have been terminated, the Planner shall send certified written notice to the
landowner asking that the landowner request to vacate the Use by Special Review Permit
46 In such cases where the Use by Special Review has terminated but the landowner does not
agree to request to vacate the Use by Special Review Permit,a hearing shall be scheduled
with the Board of County Commissioners to provide the landowner an opportunity to request
that the Use by Special Review Permit not be vacated,for good cause shown The
landowner shall be notified at least ten(10)days prior to the hearing If the Board of County
Commissioners determines that the Use by Special Review has terminated and no good
cause has been shown for continuing the permit,then the termination becomes final,and
the Use by Special Review Permit is vacated
47 RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT Weld County has some of the
most abundant mineral resources,including,but not limited to,sand and gravel,oil,natural
gas,and coal Under title 34 of the Colorado Revised Statutes,minerals are vital resources
because(a)the state's commercial mineral deposits are essential to the state's economy,(b)
the populous counties of the state face a critical shortage of such deposits,and(c)such deposits
should be extracted according to a rational plan,calculated to avoid waste of such deposits
and cause the least practicable disruption of the ecology and quality of life of the citizens of
the populous counties of the state
Mineral resource locations are widespread throughout the County and people moving into
these areas must recognize the various impacts associated with this development Often times,
mineral resource sites are fixed to their geographical and geophysical locations Moreover,
these resources are protected property rights and mineral owners should be afforded the
opportunity to extract the mineral resource
48 WELD COUNTY'S RIGHT TO FARM STATEMENT Weld County is one of the most productive
agricultural counties in the United States,typically ranking in the top ten counties in the
country in total market value of agricultural products sold The rural areas of Weld County may
be open and spacious,but they are intensively used for agriculture Persons moving into a rural
area must recognize and accept there are drawbacks,including conflicts with long-standing
agricultural practices and a lower level of services than in town Along with the drawbacks come
the incentives which attract urban dwellers to relocate to rural areas open views,
spaciousness,wildlife,lack of city noise and congestion,and the rural atmosphere and way of
life Without neighboring farms,those features which attract urban dwellers to rural Weld
County would quickly be gone forever
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area Well-run agricultural
activities will generate off-site impacts,including noise from tractors and equipment,slow-
moving farm vehicles on rural roads,dust from animal pens,field work,harvest and gravel
roads,odor from animal confinement,silage and manure,smoke from ditch burning,f lies and
mosquitoes,hunting and trapping activities,shooting sports,legal hazing of nuisance wildlife,
and the use of pesticides and fertilizers in the fields,including the use of aerial spraying It is
common practice for agricultural producers to utilize an accumulation of agricultural machinery
and supplies to assist in their agricultural operations A concentration of miscellaneous
agricultural materials often produces a visual disparity between rural and urban areas of the
County Section 35-3 5-102,C R S,provides that an agricultural operation shall not be found to
be a public or private nuisance if the agricultural operation alleged to be a nuisance employs
methods or practices that are commonly or reasonably associated with agricultural production
Water has been,and continues to be,the lifeline for the agricultural community It is unrealistic
to assume that ditches and reservoirs may simply be moved"out of the way"of residential
development When moving to the County,property owners and residents must realize they
cannot take water from irrigation ditches,lakes,or other structures,unless they have an
adjudicated right to the water
Weld County covers a land area of approximately four thousand(4,000)square miles in size
(twice the size of the State of Delaware)with more than three thousand seven hundred
(3,700)miles of state and county roads outside of municipalities The sheer magnitude of the
area to be served stretches available resources Law enforcement is based on responses to
complaints more than on patrols of the County,and the distances which must be traveled may
delay all emergency responses,including law enforcement,ambulance,and f ire Fire protection
is usually provided by volunteers who must leave their jobs and families to respond to
emergencies County gravel roads,no matter how often they are bladed,will not provide the
same kind of surface expected from a paved road Snow removal priorities mean that roads
from subdivisions to arterials may not be cleared for several days after a major snowstorm
Services in rural areas,in many cases,will not be equivalent to municipal services Rural
dwellers must,by necessity,be more self-sufficient than urban dwellers
People are exposed to different hazards in the County than in an urban or suburban setting
Farm equipment and oilfield equipment, ponds and irrigation ditches,electrical power for
pumps and center pivot operations,high speed traffic,sandburs,puncture vines,terntorial farm
dogs and livestock,and open burning present real threats Controlling children's activities is
important,not only for their safety,but also for the protection of the farmer's livelihood
EXHIBIT
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Summary of the Weld County Planning Commission Meeting
Tuesday , December 5 , 2023
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building , Hearing Room , 1150 O Street , Greeley , Colorado . This meeting was called to order by Chair
Elijah Hatch , at 1 : 32 p . m .
Roll Call .
Present : Elijah Hatch , Skip Holland , Butch White , Michael Wailes , Pamela Edens , Michael Palizzi , Shana
Morgan , Virginia Guderjahn .
Absent : Barney Hammond .
Also Present : Kim Ogle , Chris Gathman , Diana Aungst , and Maxwell Nader, Department of Planning
Services , Lauren Light , Department of Health , Karin McDougal , County Attorney , and Michelle Wall ,
Secretary .
Motion : Approve the November 7 , 2023 , 2023 Weld County Planning Commission minutes , Moved by
Butch White , Seconded by Shana Morgan . Motion passed unanimously .
The Chair called for a recess and reconvened at 4 : 12 p . m .
The Chair stated that Commissioner Skip Holland left the meeting at 4 : 12 p . m . and will not be attending
the remainder of the hearings .
Case Number: USR23-0036
Applicant: Rooster Land Company , LLC
Planner: Chris Gathman
Request : A Site Specific Development Plan and Use by Special Review Permit for a
Livestock Confinement Operation ( Dry Cow Facility for up to 2 , 000 cows ) in the A
(Agricultural ) Zone District .
Legal Description : Lot B of Recorded Exemption , RE-712 ; being part of the SW1 /4 of Section 12 ,
Township 2 North , Range 66 West of the 6th P . M . , Weld County , Colorado .
Location : North of and adjacent to County Road 22 ; 0 . 5 miles west of County Road 37 .
Chris Gathman , Planning Services , presented Case USR23- 0036 , reading the recommendation and
comments into the record . There is an existing CAFO facility on the property that the applicant is
proposing to expand to a maximum of 2 , 000 cows . The applicant constructed additional buildings and
structures associated with the existing operation ( including a maternity barn and shade structures) in
2022 . Mr. Gathman stated that this dry cow facility will be subject to additional development standards
and submittal requirements that do not apply to the existing use by right operation .
The Planning Department sent notice to 10 surrounding property owners within 500 feet of the parent
parcel . Staff received correspondence back from 2 property owners . One letter outlining concerns about
the expansion being incompatible with the surrounding area ( nearby residential lots) , traffic noise during
all hours of the day , potential traffic hazards with traffic ( semis) pulling onto County Road 22 in this
location , concerns with the amount of manure onsite as well as the odor generated from the facility . The
other letter expressed concerns with increased manure and flies that would come with the expansion .
Concern with the proximity of the existing operation ( and proposed expansion ) to their residence . The
letter expressed concerns with the increase in flies , odor , and manure that has come from the expansion
of the operations . Lights from the operation shining into their bedroom . The letter also indicated that
operations start early ( around 4 a . m . ) and there is frequent noise from beeping trucks associated with the
facility . The applicant provided an e- mail response regarding operating hours and addressing one of the
lights . The Department of Planning Services recommends approval of this application along with
conditions of approval and development standards .
Lauren Light,Environmental Health,reviewed the public water and sanitary sewer requirements,on-site
dust control,and the Waste Handling Plan Ms Light said that she will be requesting to add 2
development standards later in the hearing addressing pest control and fly control
Travis Hertnecky,THEngmeering,PO Box 337748,Greeley,Colorado Mr Hertnecky is representing
Rooster Land Company He gave a presentation explaining the operation of the dairy and why they are
requesting additional cows
The Chair asked if there was anyone in the audience who wished to speak for or against this application
Chris Romer,17141 County Road 22,Fort Lupton,Colorado He said that he is the one who wrote the
letter complaining of his bedroom being lit up like a high-school football stadium Mr Romer read that the
application said the applicant was requesting a slight increase in cows,a 240 percent increase of up to
2,000 cows In his opinion,this is not a slight increase Mr Romer read the code that states lighting shall
not shine onto adjacent properties He said the lights shine onto his house Mr Romer is upset about the
trucks using their lake breaks at all times of the day and night He is concerned about the usage of water
The applicant showed a slide that said their well provided water for 1180 cows,but they are requesting
2,000 cows Mr Romer stated that his house is much closer to the existing operation than one 10.of a
mile
Commissioner White asked Mr Romer if the truck traffic could be oil and gas trucks Mr Romer said it is
not,it is coming from the trucks that are going to the dairy
Sharon Likes,17069 County Road 22,Fort Lupton,Colorado Ms Likes said that Mr Hertnecky spoke
about 1,180 cows approved to drink from the well She wondered where the rest of the water will come
from if they have 2,000 cows Ms Likes said they already have issues with water pressure and this will
probably make it worse She is concerned what this will do to the aquifer Ms Likes is concerned about
traffic,her property value and the smell
Patty Palladino,29160 Upper Moss Rock Road,Golden,Colorado Ms Palladino said she is Ms Likes'
sister and she spends a lot of time at her sister's house She said her sister lives right by this dairy and is
concerned for her property value,safety,traffic concerns and the impact to their daily lives
Travis Hertnecky explained that when he said the well limit is for 1,180 cows,that is how much can be
pumped out of that well over a 365 day period He explained that 2,000 cows will very rarely all be on the
property at one time,however,they have to put their maximum number on the application,in case it
would happen Realistically they will have about 1,000 cows a day on the property
Mr Hertnecky said that the neighbors are close to this property and they will work the best they can with
them to mitigate impacts With a USR there are a lot of conditions of approval and development
standards that need to be followed by the applicant
Commissioner White asked Mr Hertnecky if they could address the lighting The owner of the property
said he will work with Mr Romer to address the lighting
The Chair asked staff if they have any changes they need to make to the Development Standards or
Conditions of Approval
Ms Light,Environmental Health,said she would like to add 2 Development Standards after Development
Standard 24 and renumber She read them into record
"25 The facility shall be operated in a manner to control pests at all times,in accordance with the
current approved Management Plan for Nuisance Control Additional control measures shall be
implemented at the request of the Weld County Department of Public Health and Environment,in the
event that rodents,which can be determined to be associated with the facility,are in such a number to be
considered a nuisance condition
26 The facility shall be operated in a manner to control flies at all times,in accordance with the
current approved Management Plan for Nuisance Control Additional fly control measures shall be
implemented at the request of the Weld County Department of Public Health and Environment,in the
event that flies,which can be determined to be associated with the facility,are in such a number to be
considered a nuisance condition Additional controls shall also be implemented in the event the Weld
County Department of Public Health and Environment received a significant number of fly complaints
associated with the facility,and in the judgment of the Weld County Health Officer,there exists a fly
condition requiring abatement"
Motion.Amend Development Standards as recommended by staff Moved by Butch White,Seconded
by Shana Morgan Motion passed unanimously
The Chair asked the applicant if they have read through the Amended Development Standards and
Conditions of Approval and if they are in agreement with those The applicant replied that they are in
agreement
Motion Forward Case USR23-0036 to the Board of County Commissioners along with the Conditions of
Approval and Amended Development Standards with the Planning Commission's recommendation of
approval,Moved by Butch White,Seconded by Michael Wades
Vote Motion carried by unanimous roll call vote(summary Yes=7)
Yes Butch White,Elijah Hatch,Michael Palizzi,Michael Wades,Pamela Edens,Shana Morgan,Virginia
Guderjahn
Absent Skip Holland
The Chair asked the public if there were other items of business that they would like to discuss No one
wished to speak
The Chair asked the Planning Commission members if there was any new business to discuss
Meeting adjourned at 5 22 p m
Respectfully suubmitted,'",�/
f/ he 6/(,ei U)dt
Michelle Wall
Secretary
ATTENDANCE RECORD Dcecrn ber 51ZoZ3
NAME - PLEASE PRINT LEGIBLY ADDRESS EMAIL
John Doe 123 Nowhere Street , City, State , Zip
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