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Home My WebLink About20192302.tiffBEFORE THE WELD COUNTY. COLORADO. PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Bruce Johnson. 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 APPLICANT PLANNER REQUEST LEGAL DESCRIPTION LOCATION USR19-0020 RUSSELL & CONNIE MOSS ANGELA SNYDER A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR A LIVESTOCK CONFINEMENT OPERATION (7.000 HEAD CATTLE) IN THE A (AGRICULTURAL) ZONE DISTRICT. LOT B REC EXEMPT RECX17-0151. BEING PART OF THE S2. LOT B REC EXEMPT RECX17-0111, BEING PART OF THE W2SW4. ALL IN SECTION 16. T7N, R65W OF THE 6TH P.M., WELD COUNTY. COLORADO NORTH OF AND ADJACENT TO CR 80: EAST OF AND ADJACENT TO CR 41. 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 22-2-20.8 - A. Goal 2. States, "Continue the commitment to viable agriculture in Weld County through mitigated protection of established (and potentially expanding) agricultural uses from other proposed new uses that would hinder the operations of the agricultural enterprises." And Section 22-2-20.8.3 - A.Policy 2.3 states. "Encourage development of agriculture and agriculturally related businesses and industries in underdeveloped areas where existing resources can support a higher level of economic activity. Agricultural businesses and industries include those related to ranching. confined animal production. farming, greenhouse industries, landscape production and agri-tainment or agri-tourism uses." The site already contains a use by right feedlot. The proposed expansion of the livestock confinement operation will not change the character of the site. There are other dairies and feedlots in the area. The site is large enough (175 acres) to handle the expansion which will be located to the west of the existing facilities. Section 22-2-20.H.8 - A. Policy 8.4. states. "The land use applicants should demonstrate that drainage providing stormwater management for the proposed land use change is adequate for the type and style of development and meets the requirements of county. state and federal rules and regulations." The drainage narrative was submitted and reviewed by the Weld County Department of Public Works. The site meets exception F.A.1.a.15 for confined feeding operations. No concerns were identified with the drainage narrative. B. Section 23-2-220.A.2. -- The proposed use is consistent with the intent of the A (Agricultural) Zone District Section 23-3-10 — Intent 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...' RESOLUTION USR19-0020 RUSSELL AND CONNIE MOSS PAGE 2 A livestock confinement operation is an agricultural use and is permitted under Section 23-3- 40.8.16 as a Use by Special Review. 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 farmland. other livestock confinement operations and dairies. and rural residences. There are five (5) USRs within one mile of this site. USR-1583 for an agricultural service establishment. USR-199AM for a feedlot. MUSR15-0011 for a 9600 -head feed lot and second single family home. USR-1349 for a 2675 -head dairy and USR-1368 for a 50 -dog kennel. The Weld County Department of Planning Services sent notice to seven (7) surrounding property owners. Planning staff received a phone call from one neighbor to confirm that the expansion was not on the east side of the property, which it is not. Two letters were received from surrounding property owners stating concerns related to odor. flies and dust. Truck traffic was also a concern and a neighbor suggested increased blading of the road. The proposed USR is in an area that can support this development, as there are several dairies and livestock confinement areas in the close vicinity Development Standards and Conditions of Approval will assist in mitigating the impacts of the facility on the adjacent properties and will ensure compatibility with surrounding land uses and the region. 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 feedlot. D. Section 23-2-220.A.4 -- 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. This site is located within the three (3) mile referral area of the Towns of Ault and Eaton and the Coordinated Planning Agreement boundary of the Town of Ault. The applicant sent the Town of Ault a Notice of Inquiry and did not receive a response. The application was accepted after the twenty-one days. No referral agencies objected to this USR. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and Xl. of the Weld County Code. The site is located in a Special Flood Hazard Area and conditions were provided. The property is not within the Geologic Hazard Overlay District or the Airport Overlay District. Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide 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. 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 proposed facility is located on soils designated as "Prime (Irrigated) - Farmlands of National Importance" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. The entire parcel has this designation. This USR is an expansion of an existing feedlot and will still allow much of the land to be used for productive farmland as the feedlot operation will be located on the southern portion of the parcel. RESOLUTION USR19-0020 RUSSELL AND CONNIE MOSS PAGE 3 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 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. An onsite wastewater treatment system is required for the proposed facility and shall be installed according to the Weld County Onsite Wastewater Treatment System Regulations. The septic system is required to be designed by a Colorado Registered Professional Engineer according to the Weld County Onsite Wastewater Treatment System Regulations. (Department of Public Health and Environment) B. A Road Maintenance Agreement is required at this location. Road maintenance including, but not limited to dust control and damage repair to specified haul routes. (Department of Public Works) C. The map shall be amended to delineate the following. 1) All sheets of the map shall be labeled USR19-0020. (Department of Planning Services) 2) The attached Development Standards. (Department of Planning Services) 3) The map shall be prepared per Section 23-2-260.D of the Weld County Code. (Department of Planning Services) 4) The applicant shall delineate the trash collection areas. (Department of Planning Services) 5) If applicable. signs shall be shown on the map and shall adhere to Chapter 23. Article IV, Division 2. Section 23-2-240.A.12 and Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of Planning Services) 6) The map shall delineate the lighting, if applicable. All lighting shall be shielded so that light rays will not shine directly onto adjacent properties. (Department of Planning Services) 7) County Road 41 is a gravel road and is designated on the Weld County Functional Classification Map as a local road which requires 60 feet of right-of-way at full buildout. The applicant shall delineate on the site plan the existing right-of-way (along with the documents creating the existing right-of-way) and the physical location on the road. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. (Department of Public Works) 8) County Road 80 is a paved road and is designated on the Weld County Functional Classification Map as a collector road which requires 80 feet of right-of-way at full buildout. The applicant shall delineate on the site plan the existing right-of-way (along with the documents creating the existing right-of-way) and the physical location on the road. All setbacks shall be measured from the edge of future right-of-way. This road is maintained by Weld County. (Department of Public Works) RESOLUTION USR19-0020 RUSSELL AND CONNIE MOSS PAGE 4 9) Show and label the approved access locations, approved access widths and the appropriate turning radii (60') on the site plan. The applicant must obtain an access permit in the approved location(s) prior to construction. (Department of Public Works) 10) Show and label the approved tracking control on the site plan. (Department of Public Works) 11) Show and label the entrance gate if applicable. An access approach that is gated shall be designed so that the longest vehicle (including trailers) using the access can completely clear the traveled way when the gate is closed. In no event. shall the distance from the gate to the edge of the traveled surface be less than 35 feet. (Department of Public Works) 12) The applicant shall show the drainage flow arrows. (Department of Public Works) 13) Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. (Department of Public Works) 14) Show the floodplain and floodway (if applicable) boundaries on the map. Label the floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel Number or appropriate study. (Department of Planning Services - Floodplain) 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 Weld County Code Ordinance #2012-3. approved April 30. 2012, should the map not be recorded within the required one hundred twenty (120) days from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance charge shall added for each additional three (3) month period. (Department of Planning Services) 4. Prior to Construction: A. The applicant must obtain an access permit in the approved location(s) prior to construction. (Department of Public Works) B. Tracking control shall be in place prior to on -site construction. (Department of Public Works) C. If more than one (1) acre is to be disturbed. a Weld County Grading Permit will be required. (Department of Public Works) D. Any development in the floodplain requires a floodplain permit. (Department of Planning Services - Floodplain) 5, R1 or to Certificate of Occupancy RESOLUTION USR19-0020 RUSSELL AND CONNIE MOSS PAGE 5 A. An onsite wastewater treatment system is required for the proposed facility and shall be installed according to the Weld County Onsite Wastewater Treatment System Regulations. The septic sys'em is requirec to be cesignee by a Co orado Regiserec ro'essiona Engineer according to the Weld County Onsite Wastewater Treatment System Regulations. (Department of Public Health and Environment) 6. The Use by Special Review Permit 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 plat is ready 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 Elijah Hatch. VOTE: For Passage Bruce Johnson Bruce Sparrow Michael Wades Lonnie Ford Richard Beck Elijah Hatch Skip Holland Against Passage Absent Tom Cope Gene Stifle 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 Commissioner's 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 June 4, 2019. Dated the 4tr, day of June. 2019 Michelle Wall Secretary RESOLUTION USR19-0020 RUSSELL AND CONNIE MOSS PAGE 6 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Russell and Connie Moss USR19-0020 A Site Specific Development Plan and Use by Special Review Permit for a Livestock Confinement Operation (7,000 head cattle) in the A (Agricultural) Zone District (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 -hours a day / 7 -days a week. (Department of Planning Services) 4. The number of employees shall be 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. Division 2 and Appendices 23-C. 23-D and 23-E of the Weld County Code. (Department of Planning Services) 7. A Flood Hazard Development Permit is required for all construction or development occurring in the floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM Community Panel Map #08123C -1250E effective date January 20, 2016 (Spring Creek Floodplain). Any development shall comply with all applicable Weld County requirements, Colorado Water Conservation Board requirements as described in Rules and Regulations for Regulatory Floodplains in Colorado. and FEMA regulations and requirements as described in 44 CFR parts 59, 60. and 65. The FEMA definition of development is any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging. filling, grading. paving. excavation, drilling operations. or storage of equipment and materials. (Department of Planning Services - Floodplain) 8. FEMA s floodplain boundaries may be updated at any time by FEMA. Prior to the start of any development activities. the owner should contact Weld County to determine if the floodplain boundaries have been modified. (Department of Planning Services - Floodplain) 9. 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. (Department of Public Works) 10. The access on the site shall be maintained to mitigate any impacts to the public road including damages and/or off -site tracking. (Department of Public Works) 11. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. (Department of Public Works) 12. 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. (Department of Public Works) 13. The Property Owner shall comply with all requirements provided in the executed Road Maintenance Agreement. (Department of Public Works) 14. The Road Maintenance Agreement for this site may be reviewed on an annual basis_ including a site visit and possible updates. (Department of Public Works) RESOLUTION USR19-0020 RUSSELL AND CONNIE MOSS PAGE 7 15. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public Works) 16. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Public Works) 17. 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) 18. 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) 19. 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) 20. 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. The facility should operate in accordance with their current approved Management Plan for Nuisance Control. (Department of Public Health and Environment) 21. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Department of Public Health and Environment) 22. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Onsite Waste Water Treatment Systems. (Department of Public Health and Environment) 23. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of the facility. at all times. As employees or contractors 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 the public right of way. (Department of Public Health and Environment) 24. 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) 25. 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) 26. 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) 27. 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) RESOLUTION USR19-0020 RUSSELL AND CONNIE MOSS PAGE 8 28. 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) 29. The applicant shall remove, handle, and stockpile manure from the livestock area in a manner that will prevent nuisance conditions. The manure piles shall not be allowed to exist or deteriorate to a condition that facilitates excessive odors, flies. insect pests. or pollutant runoff. The 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) 30. 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) 31. 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) 32. All potentially hazardous 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) 33. The applicant shall notify the County upon receipt of any compliance advisory or other notice of non- compliance of a State issues permit. and of the outcome or disposition of any such compliance advisory or other notice of non-compliance. (Department of Public Health and Environment) 34. The facility shall notify the County of any revocation and/or suspension of any State issued permit. (Department of Public Health and Environment) 35. 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) 36. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where such would cause a nuisance or interfere with the use on the adjacent properties in accordance with the plan. 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. A building permit may be required, per Section 29-3-10 of the Weld County Code. Currently the following has been adopted by Weld County: 2018 International Codes: 2006 International Energy Code: 2017 National Electrical Code; A building permit application must be completed and two 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 registered State of Colorado engineer shall be required or an open hole inspection. (Department of Building Inspection) 38. 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. 39. 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 RESOLUTION USR19-0020 RUSSELL AND CONNIE MOSS PAGE 9 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. 40. 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. 41. 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 person 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. 42. 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: flies 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 fire. Fire protection is usually provided by volunteers who must RESOLUTION USR19-0020 RUSSELL AND CONNIE MOSS PAGE 10 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 oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sandburs. puncture vines, territorial 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. PC Miv\vkc-5 l.o 1 L1 l 201q SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday. June 4. 2019 EXHIBIT I r6 S 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. Michael Wailes. at 12:30 pm. Roll Call. Present: Michael Wailes. Bruce Sparrow. Bruce Johnson. Lonnie Ford. Richard Beck. Elijah Hatch. Skip Holland. Absent: Gene Stille, Tom Cope. Also Present: Kim Ogle. Chris Gathman. Angela Snyder. and Maxwell Nader. Department of Planning Services; Lauren Light. Department of Health; Evan Pinkham, Hayley Balzano and Mike McRoberts. Public Works; Bob Choate. County Attorney. and Michelle Wall. Secretary. CASE NUMBER. USR19-0020 APPLICANT RUSSELL & CONNIE MOSS PLANNER ANGELA SNYDER REQUEST A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR A LIVESTOCK CONFINEMENT OPERATION (7.000 HEAD CATTLE) IN THE A (AGRICULTURAL) ZONE DISTRICT. LEGAL DESCRIPTION LOT B REC EXEMPT RECX17-0151, BEING PART OF THE S2. LOT B REC EXEMPT RECX17-0111. BEING PART OF THE W2SW4: ALL IN SECTION 16. T7N R65W OF THE 6TH P.M.. WELD COUNTY. COLORADO. LOCATION NORTH OF AND ADJACENT TO CR 80: EAST OF AND ADJACENT TO CR 41. Angela Snyder, Planning Services, presented Case USR19-0020, reading the recommendation and comments into the record. Staff received one phone call from a neighbor who wanted to confirm the expansion was not on the east side of the property. Staff received two letters from surrounding property owners that expressed concerns with odor, flies. dust. and truck traffic. One neighbor suggested an increase in blading the road to help address this. The Department of Planning Services recommends approval of this application with the attached conditions of approval and development standards. Mike McRoberts, Public Works. reported on the existing traffic. access to the site and drainage conditions for the site. Lauren Light, Environmental Health. reviewed the public water and sanitary sewer requirements, on -site dust control, and the Waste Handling Plan. Ms. Light suggested moving Condition of Approval 5.A. to 1.A. and renumber accordingly. She also suggested to amend Development Standard 23 to add "Portable toilets shall be screened from existing adjacent residential properties and the public right of way." Tim Naylor. AGPROfessionals. 35050 67th Avenue. Greeley. Colorado. Mr. Naylor stated he is representing the applicants Russ and Connie Moss with Russco Land & Cattle, LLC. The existing feedlot was developed in the early 1970s and operated as a Use by Right. The feedlot expanded to its current size in the 1990s. The Moss's children are taking over the family feedlot and are proposing a USR to allow for the expansion of the facility up to 7.000 head. The property is 175 acres. The Chair asked if there was an immediate plan to expand. Mr. Naylor said it will be transitional. He said the immediate intent is to add one more row of pens. Commissioner Johnson said he was familiar with the property and knows there is quite a bit of gravel to the east of the property. He wondered what the applicant plans to do to protect that type of leaching that might occur from the feedlot. Mr. Naylor said when you have cattle on a feedlot they create a hardpan with manure. He said once there is a hardpan established there is very little infiltration of water. Mr. Naylor said all the contaminated water is directed to the wastewater ponds. He said the ponds are engineered and sized for that use. Mr. Naylor said the majority of the manure is transferred to local farmers. Mr. Naylor said the proposed USR meets with the requirements in Section 23-2-260.A.. Section 22-1-120. Section 22-2-20. and Section 23-3-10 of the Weld County Code. He said the facility is compatible with the existing and future development of the area. They are making a diligent effort to conserve prime farmland. The Chair asked if there was anyone in the audience who wished to speak for or against this application. Gina Fabrizius. 20574 County Road 80, Ault, Colorado. Ms. Fabrizius said she lives directly south of the applicant's property. She said they cannot go outside at night because of the odor. flies, traffic and dust. She is concerned about the health of her family. Ms. Fabrizius said her family farms 1,200 acres. They are very "Pro Ag" but there are so many dairies and feedlots in the area in a small concentrated area. Ms. Fabrizius expressed her concern about the applicants complying with the guidelines for dust, flies. traffic and odor. She said you cannot call Environmental Heath to come to the property at night, when the odor is at its worst because the office is closed. Commissioner Beck suggested that Ms. Fabrizius call Environmental Health and be diligent with them that they come to the site after office hours. The Chair explained that Ms. Fabrizius will have to work with Environmental Health. but he isn't sure if Environmental Health can visit after hours. Louise Hollaway. 20719 County Road 80. Ault, Colorado. Ms. Hollaway said she is the direct neighbor to the east of the applicant and shares the fence line with them. She said the applicant uses the pivot corner along their shared fence line for storage. so she sees a white mountain of silage that blocks her view to the west. She said the silage is covered in white plastic and old tires. Ms. Hollaway said there is also corn stock bales and hay stored in that area. She is concerned that manure will not be removed from the site daily and does not want the manure stored in the empty lot next to her property. Ms. Hollaway said she shares the same concerns that Ms. Fabrizius stated. She is also concerned about her property value being impacted. Ms. Hollaway said there are 7 neighbors around the feedlot. Commissioner Beck asked Ms. Hollaway how long she has lived on her property. She answered 10 years. Mr. Naylor explained that the applicant projects running a 3,000 — 5,000 head facility. However. the applicant is proposing a 7.000 head facility to allow for future expansion of that is what his children decide to do. He said that silage is a normal ag use for feeding cattle. Mr. Naylor explained that because this feedlot will be a USR, it will be required to meet development standards and a nuisance management plan. Commissioner Beck said he would encourage the applicant to be aware of the community's concerns. Mr. Naylor said they are in agreeance and the applicant understands they need to operate in accordance with the development standard requirements. Commissioner Holland asked Mr. Light what options the neighbors have if the odor and manure issues are offensive. Ms. Light explained that if it is not meeting the specific standards of the USR, the neighbor can call Environmental Health. The call will be logged in as a complaint; staff will visit the site to do an inspection and see if the site is in violation. If violations are not taken care of, the USR can be revoked by the Board of County Commissioners. Mr. Naylor referenced Development Standard 28. He said it states odors detected off the site shall not equal or exceed the level of 15 to 1 dilution threshold. Mr. Naylor explained that just because there is an odor that is detected, it still has a requirement to meet a certain standard that the applicant plans to comply with. Commissioner Sparrow stated that he has lived next to a feedlot and explained that it is different in the evening then during the day. He said the heat of the day lifts everything into the air and goes into the atmosphere. But as the sun goes down, the air is heavier and there is dust and odor. Commissioner Sparrow said that in order to monitor the dust and odor, the inspection would need to be at dusk. Commissioner Ford asked the applicant how they plan to meet Development Standard 20 by confining fugitive dust on the property. Mr. Naylor said it is pen management and the applicant may need to install sprinklers or use other pen management techniques. Motion: Amend Development Standard 23 as requested by Staff, Moved by Elijah Hatch; Seconded by Bruce Johnson. Motion passed unanimously. Motion: Move Condition of Approval 5.A. to Condition of Approval 1.A. and renumber as requested by Staff, Moved by Bruce Johnson. Seconded by Richard Beck. 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 USR19-0020 to the Board of County Commissioners along with the amended Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval. Moved by Bruce Johnson. Seconded by Elijah Hatch. Vote: Motion carried by unanimous roll call vote (summary: Yes = 7). Yes: Bruce Johnson. Bruce Sparrow. Elijah Hatch. Lonnie Ford, Michael Wailes, Richard Beck. Skip Holland. Commissioner Johnson explained he has lived in areas with feedlots, so he understands the complaints but said he feels that is part of living in Ag areas. He explained that with a USR. the applicant is required to meet the regulations. Commissioner Johnson said it is up to the neighbors to call in complaints to the correct people who have authority over the USR. He said he feels the applicant has shown they will meet all the requirements under Section 23-2-220 of the Weld County Code and agrees with staff comments. Commissioner Holland said if the USR is approved, neighbors have access to enforcement of the issues then they had before. The Chair said he grew up next to a feedlot as welt so he understands the issues. He said he feels it is exciting to have a USR that is an Agricultural Enterprise. Commissioner Wailes also said he feels that with technology, there are more options to mitigate and control issues. Meeting adjourned at 2:53 pm. Respectfully submitted, -1YttaL& Michelle Wall Secretary ATTENDANCE RECORD NAME - PLEASE PRINT LEGIBLY ADDRESS EMAIL John Doe 123 Nowhere Street, City, State, Zip J 5 6 P n l ��'t ' I / 7/ % Dr1 a .1O5e car loc. ' 1 s i a-{ o o r► ,0,n- c &Yh a' ! , 0 ar(*to c, tans l c C4c kat. Il/L 7+ L 4vrl Co bard_i csc, .ev..5 G, I AAcssts_ r Diana G7r'anaado" /41135 CA 1 �uJ lurk!) . (0 crow/ riiu►c.r .rang I % cc. ��r�aal� ! �I� 3 � C.� 1� Fa-+ (c.? t �-�+ CO r1l �� 4 ioi- r I al u- 20 5R-(( eft L A f Co 73oc2 (o v bcU tikAom Zw 9&ate. c Louise- go/Mitieni e9C7/1 G- 20 PuL-bi CO gOlo i 0 .171e2d,dgafirhe me . 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