HomeMy WebLinkAbout20181380.tiffBEFORE THE WELD COUNTY, COLORADO. PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Jordan Jemiola, 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:
U S R 17-0076
DE JAGER 2007 LIVING TRUST, C/O ICON HOLSTEINS, LLC
MICHAEL HALL
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
P ERMIT FOR AGRICULTURAL SERVICE ESTABLISHMENTS PRIMARILY
ENGAGED IN PERFORMING AGRICULTURAL, ANIMAL HUSBANDRY OR
HORTICULTURAL SERVICES ON A FEE OR CONTRACT BASIS, INCLUDING A
LIVESTOCK CONFINEMENT OPERATION (5,000 HEAD ROBOTIC DAIRY) AND
ONE SINGLE FAMILY DWELLING UNIT PER LOT OTHER THAN THOSE
P ERMITTED UNDER SECTION 23-3-20.A (SECOND SINGLE FAMILY DWELLING
FOR FARM EMPLOYEE RESIDENCE) IN THE A (AGRICULTURAL) ZONE
DISTRICT.
N E4 SECTION 4, T4N, R64W OF THE 6TH P.M., WELD COUNTY, COLORADO.
S OUTH OF AND ADJACENT TO CR 50; WEST OF AND ADJACENT TO CR 55.
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. B - 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.B.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 small dairy operation. The proposed expansion of the dairy
o peration will not change the character of the site. The existing facilities will be updated and
will operate under best management practices for dairy farming. The site is large enough to
handle the expansion which will be located to the north of the existing facilities.
Section 22-2-20.F.3 - A.Policy 6.3. states. "Encourage multi -generational, caretaker, guest
and accessory quarters.
The proposed second residence on the property will allow for accessory quarters for
e mployees of the dairy. This residence will help the dairy operate efficiently by allowing
e mployees to live and work on site.
Section 22-2-20.H.8 - A.Policy 8.3 states, "The land use applicants should demonstrate that
the roadway facilities associated with the proposed development are adequate in width,
classification and structural capacity to serve the proposed land use change."
The referral comments from the Department of Public Works state that County Road 50 is a
paved road and that CR 55 is a gravel road. The Department of Public Works did not have
RESOLUTION USR17-0076
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PAGE 2
any concerns with the use of these roads for this USR and provided information regarding
tracking control policy and access permit requirements.
Section 22-2-20.H.8 - A.Policy 8.4. states, "The land use applicants should demonstrate that
drainage providing storm water 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 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.
Section 22-2-20.H.8 - A.Policy 8.5. states, "The land use applicants should demonstrate that
public service providers, such as but not limited to schools, emergency services and fire
protection, are informed of the proposed development and are given adequate opportunity to
comment on the proposal."
The USR was sent to sixteen (16) referral agencies. The referral agencies had 28 days to
review this USR and most of them submitted response of 'no concerns' with the rest
submitting comments or conditions that are incorporated as Conditions of Approval or
Development Standards in the staff recommendation.
B. Section 23-2-220.A.2. -- The proposed use is consistent with the intent of the A (Agricultural)
Zone District Section 23-3-40.B.16 and Section 23-3-40.M of the Weld County Code which
allows for A Site Specific Development Plan and Use by Special Review Permit for
Agricultural Service Establishments primarily engaged in performing agricultural, animal
husbandry or horticultural service on a fee or contract basis, including a livestock confinement
operation (5,000 head calf facility) and one single family dwelling unit per lot other than those
permitted under Section 23-3-20.A (second single family dwelling for farm employee
residence) in 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. The A
(Agricultural) Zone District is intended to provide areas for the conduct of agricultural activities
and activities related to agriculture and agricultural production without the interference of
other, incompatible land uses. The A (Agricultural) Zone District is also intended to provide
areas for the conduct of uses by Special Review which have been determined to be more
intense or to have a potentially greater impact than uses Allowed by Right. The A
(Agricultural) Zone District regulations are established to promote the health, safety and
general welfare of the present and future residents of the County."
A dairy for 5,000 cows is an agricultural activity located in the A (Agricultural) Zone District.
The proposed USR 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 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 dairy.
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 and rural residences. There are ten (10) properties
adjacent to the site; six (6) with residences located on them. The applicant does not own any
other contiguous land.
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There are seven (7) USRs within one mile of this site. USR12-0054 for mineral resource
development facility is located southeast of the site. USR-879 for a heliport is located east of
the site. USR13-0064 for a Non -1041 16" natural gas pipeline is located north of the site.
USR12-0078 for a construction business is located northwest of the site. USR-1701 for a dog
kennel and second home is located northwest of the site. USR-1447 for an oil and gas
support and service facility is located southwest of the site. USR-1224 for a roping arena is
located southwest of the site.
The Weld County Department of Planning Services sent notice to eleven (11) surrounding
property owners. Planning staff received two (2) letters, one (1) email and one (1) phone call
with questions and concerns to this USR. The letters were from surrounding property owners
within 500 feet of the proposed USR boundary and outlined questions and concerns with pest
control, odor, traffic, wastewater transfer and animal waste/manure management. The email
was from a property owner approximately % mile east of the site and expressed questions
and concerns of animal waste/manure management and monitoring compliance. The phone
call was from a surrounding property owner within 500 feet who had questions about the
project; no concerns were expressed. The Nuisance Management Plan, Preliminary Waste
Management Plan submitted in the application, and the Improvements Agreement and the
Development Standards should adequately address these concerns.
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 radius and the Coordinated Planning
Agreement boundary of the Town of Kersey. The applicant mailed the Notice of Inquiry form
and letter on November 16, 2017 to Kersey. No response was received. Additionally, Kersey
was notified during the USR referral process and no response was received back.
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 within the Geologic Hazard Overlay District, a Special Flood Hazard Area
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.
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 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
dairy and will still allow over half of the quarter section to be used for productive farmland as
the dairy operation will only be located on the eastern portion of the parcel. Additionally, the
design of the robotic dairy will limit the amount of land taken out of the Prime (Irrigated)
designation.
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
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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. Central Weld County Water District has the
ability to provide additional water to the site via a proposed 4" tap allotment (30 shares of
CBT water) through a 2" tap and on -site water storage tank per the letter dated July 28, 2017.
New septic systems will be constructed for the proposed expansion. There is an existing
septic SP -0000652 for the milk parlor and sized for 16 employees
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 Improvements and Road Maintenance Agreement is required for off -site improvements at this
location. Road maintenance including, but not limited to dust control, tracking control, damage
repair, specified haul routes and future traffic triggers for improvements will be included.
(Department of Public Works)
B. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR17-0076. (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 55 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. 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 50 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 future and existing right-of-
way. All setbacks shall be measured from the edge of future right-of-way. This road is
maintained by Weld County. (Department of Public Works)
9) Show and label the approved access locations, 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)
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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 and label the accepted drainage features and drainage flow
arrows. Water quality features or stormwater ponds should be labeled as "Wastewater
Retention, No -Build or Storage Area" and shall include the calculated volume.
(Department of Public Works)
13) The applicant shall show the drainage flow arrows. (Department of Public Works)
14) Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property. (Department of Public Works)
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. The Department of Planning Services respectfully requests a digital copy of this "Use by Special
Review", as appropriate. Acceptable format is a projected ESRI shapefile (.shp, .shx, .dbf, .prj) with a
defined coordinate system (i.e., NAD 1983 UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane
Colorado North FIPS 0501 (US Feet)....etc.).This digital file may be sent to maps@co.weld.co.us.
(Department of Planning Services)
5. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Department of Public Works)
B. The approved access and tracking control shall be constructed prior to on -site construction. This
site requires a tracking control device and 100 feet of asphalt or 300 feet of asphalt for tracking
control. (Department of Public Works)
6. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be
issued on the property, until the Use by Special Review map 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)
RESOLUTION USR17-0076
DE JAGER 2007 LIVING TRUST, C/O ICON HOLSTEINS, LLC
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Motion seconded by Michael Wailes.
VOTE:
For Passage
Bruce Sparrow
Jordan Jemiola
Michael Wailes
Terry Cross
Tom Cope
Gene Stille
Lonnie Ford
Richard Beck
Against Passage Absent
Bruce Johnson
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, Kristine Ranslem, 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 April 17, 2018.
Dated the 17th of April, 2018
Kristine Ranslem
Secretary
RESOLUTION USR17-0076
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Icon Holsteins, LLC
USR17-0076
1. A Site Specific Development Plan and Use by Special Review Permit for Agricultural Service
establishments primarily engaged in performing agricultural, animal husbandry or horticultural services
on a fee or contract basis, including a livestock confinement operation (5,000 head robotic dairy) and
one single family dwelling unit per lot other than those permitted under Section 23-3-20.A (second
single family dwelling for farm employee residence) 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 -hours a day / 7 -days a week. (Department of Planning Services)
4. The number of employees shall be fifteen (15). (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. The property owner shall control noxious weeds on the site. (Department of Public Works)
8. 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)
9. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
10. 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)
11. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
12. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Public Works)
13. 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)
14. 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)
15. 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)
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16. 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)
17. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health and Environment)
18. 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)
19. 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. (Department of Public Health and Environment)
20. 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)
21. 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)
22. 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)
23. 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)
24. 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. (Department of Public Health and Environment)
25. 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. (Department of Public Health and Environment)
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26. The facility shall be operated in a manner to control odors at all times, in accordance with the
approved Management Plan for Nuisance Control. 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)
27. 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
of Colorado Water Quality Control
Commission Regulation Number 81. (Department of Public Health and Environment)
28. The facility snail 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)
29. 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)
30. 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)
31. 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)
32. The facility shall notify the County of any revocation and/or suspension of any State issued permit.
(Department of Public Health and Environment)
33. 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)
34. 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)
35. 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: 2012 International Codes; 2006 International Energy
Code; 2014 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)
36. 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.
37. The Use by Special Review area shall be limited to the plans shown hereon and governed by the
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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.
38. 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.
39. 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.
40. WELD COUNTY'S RIGHT TO FARM: 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
RESOLUTION USR17-0076
DE JAGER 2007 LIVING TRUST, C/O ICON HOLSTEINS, LLC
PAGE 11
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
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.
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, April 17, 2018
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 0 Street, Greeley, Colorado. This meeting was called to order by Chair,
Terry Cross, at 12:30 pm.
Roll Call.
Present: Bruce Sparrow, Gene Stille, Jordan Jemiola, Michael Wailes, Terry Cross, Tom Cope, Lonnie
Ford, Richard Beck.
Absent: Bruce Johnson.
Also Present: Kim Ogle and Michael Hall, Department of Planning Services; Lauren Light and Ben Frissell,
Department of Health; Evan Pinkham and Hayley Balzano, Public Works; Bob Choate, County Attorney,
and Kris Ranslem, Secretary.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
U SR17-0076
DE JAGER 2007 LIVING TRUST, C/O ICON HOLSTEINS, LLC
MICHAEL HALL
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR AGRICULTURAL SERVICE ESTABLISHMENTS PRIMARILY
ENGAGED IN PERFORMING AGRICULTURAL, ANIMAL HUSBANDRY OR
HORTICULTURAL SERVICES ON A FEE OR CONTRACT BASIS, INCLUDING
A LIVESTOCK CONFINEMENT OPERATION (5,000 HEAD ROBOTIC DAIRY)
AND ONE SINGLE FAMILY DWELLING UNIT PER LOT OTHER THAN THOSE
P ERMITTED UNDER SECTION 23-3-20.A (SECOND SINGLE FAMILY
DWELLING FOR FARM EMPLOYEE RESIDENCE) IN THE A (AGRICULTURAL)
ZONE DISTRICT.
N E4 SECTION 4, T4N, R64W OF THE 6TH P.M., WELD COUNTY, COLORADO.
SOUTH OF AND ADJACENT TO CR 50: WEST OF AND ADJACENT TO CR 55.
Michael Hall, Planning Services, presented Case USR17-0076, reading the recommendation and
comments into the record. Mr. Hall noted that s'aff received three letters, one email and one phone call
with questions and concerns of this project. He added that the two letters received outlined concerns of
pest control, odor, traffic, wastewater transfer and animal waste manure management.
Mr. Hall noted that during his site visit on April 5, 2018 he noticed that a large portion of the east half of the
site where the proposed dairy would be located was already actively being graded. Additionally, large dirt
operations were underway on the site without an approved Grading Permit. A Grading Permit, GRD18-
0013, was submitted on April 4th and had not been currently released. Mr. Hall noted that the dairy map
submitted and the Grading Permit is significantly larger than the dairy map submitted with the USR
application materials.
The Department of Planning Services recommends approval of this application with the attached conditions
of approval and development standards.
Evan Pinkham, Public Works. reported on the existing traffic and access to the site.
Commissioner Cope commented that based on traffic numbers the gravel road has just slightly less traffic
than the paved road, but almost twice as much truck traffic currently. Mr. Pinkham replied that he was
correct.
Hayley Balzano, Public Works, reported on the drainage conditions for the site and the grading that had
been on site prior to the issuance of a grading permit.
Commissioner Cope clarified that they have applied for a grading permit but it will not be issued until the
plat has been recorded. Ms. Balzano replied that was correct without an early release request. Mr. Cope
asked what the County can do with all the winds we have had. Bob Choate, County Attorney, said that
1
enforcement of a grading permit is very difficult. We can enforce it just like any land use zoning violation
by going to County or District Court. However, they would work with the property owner to address these
concerns.
Ben Frissell, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan. Mr. Frissell requested that the last sentence in Development
Standard 27 be removed as it is covered in a previous development standard.
Tim Naylor, AGPROfessionals, 3050 67Th Avenue, stated that they are representing the applicant, Icon
Dairy. The applicant is proposing an increase to their dairy facility to 5000 head and it will be a robotic dairy
facility. He added that it will be the first robotic dairy in the State of Colorado. The facility will be constructed
in phases. Mr. Naylor provided a brief explanation of how the robotic dairy will be operated.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Connie Koenig 23595 CR 57, stated that they live one mile east of the facility. She expressed concern with
the number of flies on her property because of the existing dairy and worries what it will be like with
increasing it. She added that she isn't anti -dairy, but believes that they are irresponsible.
Commissioner Cope asked if there were any other environmental things that would have occurred
differently last year that would have created this problem. Ms. Koenig said that the Monfort feedlot has
been there since 1972 and there have been small feedlots in the area.
Commissioner Ford suggested that given Ms. Koenig's location, maybe something happened differently at
the Monfort feedlot that contributed to this fly problem.
Rande Bernal, 23466 CR 55, expressed concern over the grading that was done without the appropriate
permit, the number of flies, amount of traffic, and the wastewater ponds. She questioned how the applicant
will follow any of the rules when they haven't yet.
Commissioner Cope asked if she complained to the owners. Ms. Bernal said that she hasn't talked to the
current owners but she talked to the last two owners and they did help with spraying for the flies.
Larry Connell, 23828 CR 53, stated that he is proagriculture and not trying to shut anyone down. He said
that within this area there are three other large feedlots JBS, Horton and Timmerman, which produce a
large amount of manure and he is concerned with this much more manure generated from this facility and
where it will be applied. He is also concerned that with the dust events there is some dirt collecting in the
Bailey Lateral on the southern part of their property. He added that they have done some cleaning with the
ditch and they are monitoring it but he is concerned that with a possible large rain event it would cause
some flood damage. He also expressed concern with the traffic and the agricultural equipment on the road.
Kevin Chestnut, 27275 CR 52, expressed concern with the piles of manure in that area. Commissioner
Cross noted that the manure may not be from this dairy. Mr. Chestnut said that the manure isn't from this
site but it is everywhere. He asked what they are going to do with the liquid manure. He also expressed
concern with the applicant grading the site before the permits were released.
Ron McNutt, 27808 CR 50, expressed concern on the large increase of animals proposed. Additionally, he
was concerned with the decrease in property values, the number of flies and odor. He suggested the
possibility of a smaller expansion and gradually stage increases in size over multiple years.
Mr. Naylor said that the applicants purchased this property in 2016 and they are working on cleaning up
the facility and eliminating breeding grounds for flies and control where water may stand. He added that
with the Nuisance Management Plans that will be in place, the design of the facility and the updating of the
existing area the amount of flies should be minimized.
Mr. Naylor stated that the majority of dairies do land apply the manure in the fall and spring. He added that
this will be an engineered facility and all of the stormwater is directed to the north of the site, therefore, all
of the channels and areas for water to run have been sized adequately to handle the drainage from the
facility. The ponds are designed through the Regulation 81 requirements to handle a 25/24 storm event.
2
Mr. Naylor agreed with the traffic safety on County Road 55 and added that the facility will not generate
that much additional traffic. He added that the dairy will have to deal with the existing oil and gas traffic
currently as well.
Commissioner Beck asked what time frame the increases will be. Mr. Naylor said that the immediate
increase will be about 2500 head and then in two to five years they will increase the livestock up to 5000
head.
Commissioner Beck asked what they have done to mitigate the dust concerns with the grading that has
been done on site. Mr. Naylor said that the grading has been done in accordance with the rules and
regulations of a grading permit. He added that they have a State Stormwater for Construction Permit as
well as a Stormwater Management Plan for the facility.
Commissioner Cope stated that he is concerned with the manure situation. He asked what devices they
have to store manure during the winter and summer. Mr. Naylor said that the ponds are designed to handle
six (6) months of manure storage.
The Chair referred to the requested change to Development Standard 27.
Motion: Delete the last sentence in Development Standard 27, as recommended by Staff, Moved by
Jordan Jemiola, Seconded by Gene Stille. Motion carried 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 USR17-0076 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 Jordan Jemiola, Seconded by Michael Wailes.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Bruce Sparrow, Gene Stille, Jordan Jemiola, Lonnie Ford, Michael Wailes, Richard Beck, Terry Cross,
Tom Cope.
Commissioner Jemiola said that he believes it is in compliance with Section 23-2-220 of the Weld County
Code, the Weld County Right to Farm Act and added that he hopes we have more mega dairies in Weld
County.
Meeting adjourned at 4:10 pm.
Respectfully submitted,
Kristine Ranslem
Secretary
3
ATTENDANCE RECORD
_____ .-o._. __ _________-
NAME
ADDRESS
John Doe
123 Nowhere Street, City, State, Zip
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