HomeMy WebLinkAbout20181012.tiffBEFORE THE WELD COUNTY. COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bruce Sparrow, 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
USR 17-0061
QUE & DEBORA FULLMER
DIANA AUNGST
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 (20,000 HEAD CALF FACILITY) IN
THE A (AGRICULTURAL) ZONE DISTRICT.
LOT D REC EXEMPT RECX14-0015. BEING PART E2E2 AND LOTS C AND D
REC EXEMPT RECX14-0014, BEING PART W2E2: ALL IN SECTION 32. T4N,
R64W OF THE 6TH P.M.. WELD COUNTY, COLORADO.
SOUTH OF AND ADJACENT TO CR 40 AND WEST OF AND ADJACENT TO CR
53
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. G - A. Goal 7 states. "County land use regulations should protect the individual
property owner's right to request a land use change." And Section 22-2-20.G.2 - A. Policy 7.2 states,
"Conversion of agricultural land to nonurban residential, commercial, and industrial uses should be
accommodated when the subject site is in an area that can support such development, and should
attempt to be compatible with the region."
The site is an historic turkey production facility. The existing turkey barns will be updated for
raising dairy calves. Outdoor calf huts and pens will be built on the north central portion of the
property.
Section 22-2-20.G.7 - A. Policy 7.3 states, "Conversion of agricultural land to urban residential,
commercial and industrial uses should be considered when the subject site is located inside an
Intergovernmental Agreement area. Urban Growth Boundary area, Regional Urbanization Area or
Urban Development Nodes. or where adequate services are currently available or reasonably
obtainable. A municipality's adopted comprehensive plan should be considered, but should not
determine the appropriateness of such conversion."
This site is not located within three miles of any municipality.
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 CR 53 is a paved road and
that CR 40 is a gravel road. The Department of Public Works did not have any concerns with the use
of these roads for this USR.
RESOLUTION USR17-0061
QUE & DEBORA FULLMER
PAGE 2
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 Planning Services —
Engineer. 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 twelve (12) referral agencies including the school district, the Division of Water
Resources, and the fire district. 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 23-3-40.6.16 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 (20,000 head calf facility) 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 livestock confinement operation 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 ensure compatibility with surrounding land uses and the region.
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 seven properties
adjacent to the site with residences located on them. Three of these residential properties are owned
by the applicant.
There are seven (7) USRs within one mile of this site. USR12-0052 for a non -1041 major facility of a
public utility greater than 10 inch crude oil pipeline is located along the eastern boundary of the site,
USR12-0006 for a non -1041 major facility of a public 12 -inch natural gas pipeline is located along the
northern boundary of the site, USR-854 for 8 communication towers and SUP -124 for a hog farm are
located west of the site, SUP -197 for a hog farm, Amended USR-991 for an oil and gas production
facility and SUP -153 for a dairy (150) cows are all located east of the site.
The Weld County Department of Planning Services has received 2 letters and one phone call
objecting to this USR. The letters outline concerns due to the unresolved problem with Heartland and
the location of two other feed lots in the area. The phone call also objected to this USR due to the
situation at Heartland and the nuisances i.e. odors and flies that are expected to occur with this
RESOLUTION USR17-0061
QUE & DEBORA FULLMER
PAGE 3
operation.
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.
The site is not located within a three (3) mile referral area of any municipality, nor is it located within
any existing Intergovernmental Agreement Area (IGA) 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 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 located on soils designated as "Other" "Irrigated Land (Not Prime)" and "Prime if
they become irrigated" per the 1979 Soil Conservation Service Important Farmlands of Weld County
Map. This USR will not take any "Prime (Irrigated)" Farmland out of production.
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 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 USR17-0061. (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)
RESOLUTION USR17-0061
QUE & DEBORA FULLMER
PAGE 4
4) The applicant shall delineate the trash collection areas. Section 23-3-350.H of the Weld County
Code addresses the issue of 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 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 40 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 53 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 feet) 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 and label the accepted drainage features and drainage flow arrows.
Water quality features or stormwater ponds should be labeled and shall include the calculated
volume. (Department of Public Works - Engineer)
13) Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property. (Department of Public Works -Engineer)
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)
RESOLUTION USR17-0061
QUE & DEBORA FULLMER
PAGE 5
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.).Thisdigitalfilemaybesenttomaps@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 Planning Services -Engineer)
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)
Motion seconded by Jordan Jemiola.
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 March 20, 2018.
Dated the 20th of March, 2018
661.46111.-- `9Y.ustizin.
Kristine Ranslem
Secretary
RESOLUTION USR17-0061
QUE & DEBORA FULLMER
PAGE 6
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Que and Debora J. Fullmer
USR17-0061
1. A Site Specific Development Plan and Use by Special Review Permit, USR17-0061, 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 (20,000 head calf facility)
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 thirty (30). (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. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works - Engineer)
11. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Public Works - Engineer)
12. 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)
13. 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)
14. 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)
15. 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)
RESOLUTION USR17-0061
QUE & DEBORA FULLMER
PAGE 7
16. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health and Environment)
17. 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)
18. Process wastewater (such as floor drain wastes) shall be captured in a watertight vault and hauled off
for proper disposal. Records of installation, maintenance. and proper disposal shall be retained.
(Department of Public Health and Environment)
19. The facility shall operate in compliance with
Colorado Water Quality Control Commission Regulations. There shall be no discharge of manure or
process wastewater, except in compliance with said Regulations as provided in the facility's CAFO
(Department of Public Health and Environment)
20. 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)
21. 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)
22. 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)
23. 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)
24. 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)
25. 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)
RESOLUTION USR17-0061
QUE & DEBORA FULLMER
PAGE 8
26. 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)
27. 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)
28. The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as
delineated in 25-12-103 C.R.S. (Department of Public Health and Environment)
29. 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)
30. 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)
31. 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)
32. 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)
33. 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.
34. 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.
35. 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.
36. 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.
RESOLUTION USR17-0061
QUE & DEBORA FULLMER
PAGE 9
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.
37. 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 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.
pc (i nofc s
03/ DO/ ►'
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, March 20, 2018
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,
Terry Cross. at 12:30 pm.
Roll Call.
Present' Bruce Sparrow, Gene Stille, Jordan Jemiola, Lonnie Ford, Michael Wailes, Richard Beck, Terry
Cross, Tom Cope.
Absent: Bruce Johnson.
Also Present: Chris Gathman, Diana Aungst, Michael Hall, Angela Snyder, 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 S R 17-0061
QUE & DEBORA FULLMER
DIANA AUNGST
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 (20,000 HEAD CALF FACILITY) IN
THE A (AGRICULTURAL) ZONE DISTRICT.
LOT D REC EXEMPT RECX14-0015, BEING PART E2E2 AND LOTS C AND D
REC EXEMPT RECX14-0014. BEING PART W2E2; ALL IN SECTION 32, T4N,
R64W OF THE 6TH P.M.. WELD COUNTY, COLORADO.
SOUTH OF AND ADJACENT TO CR 40 AND WEST OF AND ADJACENT TO CR
53.
Diana Aungst, Planning Services, presented Case USR17-0061, reading the recommendation and
comments into the record. Ms. Aungst noted that two letters of concern were received from surrounding
property owners. 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.
Hayley Balzano, Engineering, reported on the drainage conditions for the site.
Ben Frissell, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan. Mr. Frissell requested the removal of Development Standard
19.
Tim Naylor, AGPROfessionals, 3050 67th Avenue, Greeley, Colorado. stated that the applicant is proposing
a 20,000 head calf facility. He added that this property is a historic butterball operation with existing turkey
barns on site which will be repurposed to accommodate calves. There will be day old calves up to 500
pounds and then they will be shipped out. Mr. Naylor said that they have met the requirements of the Weld
County Code and will comply with all the regulations.
Commissioner Ford asked about how they will mitigate flies and gnats. Mr. Naylor said that in the Nuisance
Management Plan they have plans to keep the site dry and clean to help reduce the number of flies and
g
nats
Commissioner Stille asked when turkeys were last raised on site. Mr. Naylor guessed that those barns are
from the early 1980's and Butterball went out of operation in the early 2000's, so they have been empty for
approximately 20 years. Mr. Stille asked if there would be any health issues that would transfer from turkeys
to cattle. Mr. Naylor said that it wouldn't be an issue.
1
Commissioner Jemiola referred to Development Standard 19 and asked how the applicant is meeting that.
Standard. Mr. Naylor said that the CAFO Regulations 181 and 61 require that the site is in compliance with
their stormwater management. However, they do not require the applicant to obtain a discharge permit.
He added that the applicant must register as a CAFO and the engineering will need to be in compliance
and operate in accordance with Regulation 181.
Commissioner Cross asked if this operation will be built in phases. Mr. Naylor replied that it is planned to
be built in phases.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
The Chair referred to Development Standard 19 and asked if it should be removed. Mr. Frissell said that
along with the remaining development standards, they feel the facility will still comply with the Colorado
Department of Agriculture's requirements, the Colorado Department of Public Health and Environment
requirements, and any CAFO requirements placed on them, regardless of this development standard.
Commissioner Cope said that generally these facilities do operate within the regulations; however, he
suggested amending it to read that that the facility has to follow the State Regulations. He said that if there
ever is a problem with the facility not following those regulations, then it would give the County some teeth
to review their USR again.
Bob Choate, County Attorney, suggested amending Development Standard 19 to read "The facility shall
operate in compliance with Colorado Water Quality Control Commission Regulations. There shall be no
discharge of manure or process wastewater, except in compliance with said Regulations".
Motion: Amend Development Standard as suggested by Staff, Moved by Tom Cope, Seconded by Gene
Stille.
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.
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 USR17-0061 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 Sparrow, Seconded by Jordan Jemiola.
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.
Meeting adjourned at 2:02 pm.
Respectfully submitted,
4 n(-- `1&)aI i4C.Pm_
Kristine Ranslem
Secretary
2
PG C n(4 -es
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, February 20, 2018
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,
Terry Cross, at 12:30 pm.
Roll Call.
Present: Gene Stille, Lonnie Ford, Richard Beck, Terry Cross.
Absent: Bruce Sparrow, Bruce Johnson, Jordan Jemiola, Michael Wailes, Tom Cope.
Also Present: Kim Ogle, Chris Gathman, Diana Aungst, and Michael Hall, Department of Planning
Services; Lauren Light and Ben Frissell, Department of Health; Hayley Balzano and Evan Pinkham,
Department of Public Works; Bob Choate, County Attorney, and Kris Ranslem, Secretary.
The Chair stated that due to lack of quorum the cases will need to be rescheduled. Bob Choate, County
Attorney noted that notification will be provided to the surrounding property owners with the new hearing
dates as well as legal notices in the newspaper.
The Planning Commission apologized to the audience for the inconvenience.
Meeting adjourned at 12:33 pm.
Respectfully submitted,
Kristine Ranslem
Secretary
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