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HomeMy WebLinkAbout20141968.tiff '4 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION I 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: USR14-0016 APPLICANT: LONG MEADOW FARM LLC AND LESTER&SHERRILL HARDESTY PLANNER: DIANA AUNGST REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL REVIEW PERMIT (AMUSR-587) 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 DAIRY)AND A USE SIMILAR TO THE USES LISTED IN SECTION 23-3-40 AS USES BY SPECIAL REVIEW(THREE SINGLE FAMILY RESIDENCES ON ONE PARCEL)AS LONG AS THE USE COMPLIES WITH THE GENERAL INTENT OF THE A(AGRICULTURAL)ZONE DISTRICT. LEGAL DESCRIPTION: LOT B REC EXEMPT RE-2298,BEING IN PART OF THE NW4 SECTION 10,T6N, R66W AND LOT C REC EXEMPT RE-3211, BEING PART OF SECTION 3, T6N, R66W OF THE 6TH P.M.,WELD COUNTY, COLORADO. LOCATION: SOUTH AND NORTH OF AND ADJACENT TO CR 72;EAST OF AND ADJACENT TO CR31 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 A.Goal 1. states "Respect and encourage the continuation of agricultural land uses and agricultural operations for purposes which enhance the economic health and sustainability of agriculture." Section 22-2-20 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." The applicant is proposing to increase the number of head of cattle of the existing dairy permitted under amended AmUSR-587 from 1,850 to 5,000.The existing(3)residences will continue to be used as employee housing. The applicant is proposing to expand the dairy onto the lot to the north of County Road 72. This addition of this northern parcel will increase the size of the dairy by 151 acres. The southeastern section of this parcel will be used for dairy related compost and manure management. There will be about 35 full-time employees and the hours of operation are 7-days a week, twenty-four hours per day. No additional landscaping is proposed. The Department of Planning Services is requesting a Lighting Plan be submitted to address the impacts from this facility on neighboring properties. 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 23-3-40.M. which allows for a Site Specific Development Plan and Amended Use by Special Review Permit (AmUSR-587) for an 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 dairy)and a use similar to the Uses listed in Section 23-3- L-o t-1`6C1 RESOLUTION USR14-0016 LONG MEADOW FARM LLC AND LESTER&SHERRILL HARDESTY PAGE 2 40 as Uses by Special Review(three single family residences on one parcel)as long as the Use complies with the general intent of the A(Agricultural)Zone District. C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing surrounding land uses. The adjacent properties are mainly utilized for pastures,crops,and rural residences. County Road 31 borders the site on the west and County Road 72 bisects the USR site. The adjacent properties to the north,south,and west are rural residences,cropland and pastures. The closest residences are west of and adjacent to County Road 31 but the residence closest to the dairy operations is located on the northwest corner of County Road 72 and County Road 31.There are about ten(10)USRs located within one mile of these parcels. USR-675 for a landscape and nursery and USR-709 for processing and selling of forestry items are located northwest of the site. USR-1036 and USR-681 are both for single-family dwellings and are located southwest of the site. USR-1540 for a rodeo arena is located south of the site. USR-288 and USR-480 each for 3,000 head of cattle,and USR-529 for 10,000 head of cattle are located southeast of the site. USR-10 for a residence is also located southwest of the site. USR-1434 for a water tank is located east of the site. The Weld County Department of Planning Services has received one phone call from the surrounding property owner located on the northwest corner of CR Roads 31 and 72 who expressed opposition to this expansion. As a condition of approval the Department of Planning Services is requesting a Lighting Plan be submitted to address the impacts from this facility on neighboring properties. This lighting plan, in conjunction with the Development Standards and the other Conditions of Approval for this proposal,will assist in mitigating the impacts of the facility on the adjacent properties and ensure compatibility with surrounding land uses. 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 located within the three (3) mile referral area of Town of Eaton and the City of Greeley. The City of Greeley's referral, dated April 24, 2014 indicates no concern and the Town of Eaton did not submit referral agency comments. E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Article V, of the Weld County Code. The existing site is within the County-Wide Road Impact Fee Area and the Capital Expansion Impact Fee area. 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 approximately 285 acres"Prime(Irrigated) per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. The site has been historically utilized agricultural uses and per this USR will continue to be used for agricultural uses. RESOLUTION USR14-0016 LONG MEADOW FARM LLC AND LESTER&SHERRILL HARDESTY 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 plat: A. The applicant shall address the requirements of the North Weld County Water District,as stated in the referral response dated May 21,2014,to include entering into a Water Service Agreement and paying the required fee for the infrastructure upgrade. Written evidence of such shall be submitted to the Weld County Department of Planning Services. (Department of Planning Services) B. The applicant shall submit a Lighting Plan to the Department of Planning Services,for review and approval. Any lighting poles and lamps shall comply with Section 23-3-360.F. which states, in part,that,"any lighting shall be designed,located,and operated in such a manner as to meet the following standards:sources of light shall be shielded so that beams or rays of light will not shine directly onto adjacent properties." (Department of Planning Services) C. The plat shall be amended to delineate the following: 1) All sheets of the plat shall be labeled USR14-0016. (Department of Planning Services) 2) The attached Development Standards. (Department of Planning Services) 3) The plat shall be prepared per Section 23-2-260.D of the Weld County Code.(Department of Planning Services) 4) The approved Lighting Plan. (Department of Planning Services) 5) County Road 72 is designated on the Weld County Road Classification Plan as a local gravel road,which requires 60 feet of right-of-way at full build out.There is presently 60 feet of right- of-way. All setbacks shall be measured from the edge of future right-of-way. The applicant shall verify the existing right-of-way and the documents creating the right-of-way and this information shall be noted on the plat. If the right-of-way cannot be verified, it shall be dedicated. This road is maintained by Weld County. (Department of Public Works) 6) County Road 31 is designated on the Weld County Road Classification Plan as a local paved road,which requires 60 feet of right-of-way at full build out.There is presently 60 feet of right- of-way. All setbacks shall be measured from the edge of future right-of-way. The applicant shall verify the existing right-of-way and the documents creating the right-of-way and this information shall be noted on the plat. If the right-of-way cannot be verified, it shall be dedicated. This road is maintained by Weld County. (Department of Public Works) 7) Show the approved access on the plat and label it with the approved access permit number (AP). (Department of Public Works) 8) Ensure that the setback distance for all structures,pens and ponds meet the required setback from the right-of-way line. (Department of Public Works) RESOLUTION USR14-0016 LONG MEADOW FARM LLC AND LESTER&SHERRILL HARDESTY PAGE 4 2. Upon completion of Condition of Approval#1 above,the applicant shall submit three(3)paper copies or one(1)electronic copy(.pdf)of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the plat the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval.The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat 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 plat 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 CAD formats are.dwg, .dxf,and.dgn(Microstation);acceptable GIS formats are ArcView shapefiles or ArcGIS Personal GeoDataBase(MDB). The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to maps(o�co.weld.co.us. (Department of Planning Services) 5. Prior to construction: a. If more than 1 acre is to be disturbed, a Weld County grading permit will be required prior to the start of construction. (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 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 Benjamin Hansford. VOTE: For Passage Against Passage Absent Benjamin Hansford Bruce Sparrow Jason Maxey Jordan Jemiola Joyce Smock Mark Lawley Michael Wailes Nick Berryman 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 June 17, 2014. Dated the 17th of June, 2014. '.L Digitally signed by Kristine Ranslem "r �NO� i't,. Date:2014.06.2008:09:36-06'00' Kristine Ranslem Secretary SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Long Meadow Farm, LLC. USR14-0016 1. A Site Specific Development Plan and Amended Use by Special Review Permit (AmUSR-587), USR14-0016,for an 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 dairy) and a use similar to the Uses listed in Section 23-3-40 as Uses by Special Review(three single family residences on one parcel) as long as the Use complies with the general intent of 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 number of on-site employees shall be commensurate with the number of persons which the septic system may accommodate in accordance with the requirements of the Weld County Code, pertaining to Individual Sewage Disposal Systems(I.S.D.S.) Regulations. (Department of Planning Services) 4. The three single-family dwelling-units on the parcel located south of County Road 72 shall be used as employee housing. (Department of Planning Services) 5. The hours of operation are 24-hours, 7-days, as stated by the applicant(s). (Department of Planning Services) 6. The lighting on the site shall be maintained in accordance with the approved Lighting Plan. (Department of Planning Services) 7. Should noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Section 15-1-180 of the Weld County Code. (Department of Public Works) 8. The facility shall operate in compliance with CDPHE Water Quality Control Commission Regulation 81 (5 CCR 1002-81) and 61 (5 CCR 1002-61). (Department of Public Health and Environment) 9. The facility shall register as a Confined Animal Feeding Operation (CAFO) with the Colorado Department of Public Health&Environment upon reaching the registration threshold. (Department of Public Health and Environment) 10. Prior to wastewater entering new or expanded impoundments, the facility shall demonstrate compliance with the setback to water wells,separation from seasonal high groundwater, and that the impoundment's liner(s)meet the seepage rate standards required by Colorado Water Quality Control Commission Regulation Number 81. (Department of Public Health and Environment) 11. There shall be no discharge of manure or wastewater to surface waters,unless allowed by Regulation 81 or by Confined Animal Feeding Operation (CAFO) Colorado Discharge Permit issued in accordance with Regulation 61. (Department of Public Health and Environment) 12. Land applications of manure and wastewater shall be made at agronomic rates using practices and procedures, which are protective of ground and surface waters. Land applications shall be in accordance with the facilities Manure and Wastewater Management Plan,Facility Management Plan, or Nutrient Management Plan. There shall be no discharge from land application areas except for agricultural stormwater. (Department of Public Health and Environment) RESOLUTION USR14-0016 LONG MEADOW FARM LLC AND LESTER&SHERRILL HARDESTY PAGE 6 13. The facility shall be operated in a manner to control pests. The facility shall be operated in accordance, at all times, with their current approved Management Plan for Nuisance Control. Additional control measures shall be implemented at the request of the Weld County Department of Public Health&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) 14. The facility shall be operated in a manner to control flies. The facility shall be operated in accordance, at all times,with their 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 & 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 receives a significant number of fly (associated with facility) complaints, and in the judgment of the Weld County Health Officer, there exists a fly condition requiring abatement. (Department of Public Health and Environment) 15. The facility shall be operated in a manner to control odors and in accordance with their approved nuisance control plan. Odors detected off 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) 16. Any Individual Sewage Disposal System (ISDS) on the property shall be in compliance with all provisions of the Weld County Code, pertaining to ISDS. (Department of Public Health and Environment) 17. The facility shall operate in compliance with applicable Colorado Air Quality Control Commission Regulations. There shall be no open burning except "agricultural open burning" as defined by Colorado Air Quality Control Commission's Regulation 9. (Department of Public Health and Environment) 18. Composting operations shall comply with Section 14 of the Regulations Pertaining to Solid Waste Sites and Facilities (6 CCR 1007-2, Part 1). (Department of Public Health and Environment) 19. Waste materials, not specifically addressed by other development standards, shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions.The facility shall operate in accordance with the approved"Waste Handling Plan" and Management Plan for Nuisance Control, at all times. 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, 30 20 100.5, CRS,as amended. (Department of Public Health and Environment) 20. The facility shall provide adequate drinking water, hand washing,and toilet facilities. (Department of Public Health and Environment) 21. The facility shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) 22. 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) RESOLUTION USR14-0016 LONG MEADOW FARM LLC AND LESTER&SHERRILL HARDESTY PAGE 7 23. Building permit maybe 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;2011 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) 24. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 25. 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. 26. 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. 27. 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. 28. 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. RESOLUTION USR14-0016 LONG MEADOW FARM LLC AND LESTER&SHERRILL HARDESTY PAGE 8 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 Y1js x(11-1P,� Mr. Ogle noted that Condition of Approval 1.L regarding the requirement of a Geologic Hazard Development Permit has been met. Motion: Forward Case USR14-0017 to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval, Moved by Jordan Jemiola, Seconded by Benjamin Hansford. Vote: Motion carried by unanimous roll call vote(summary: Yes =6). Yes: Benjamin Hansford, Bruce Sparrow, Jordan Jemiola, Mark Lawley, Michael Wailes, Nick Berryman. Commissioner Wades encouraged the applicant to finalize the timelines prior to the Board of County Commissioner hearing. Commissioner Berryman commended the applicants for hosting a meeting with the neighbors to answer their concerns. Commissioner Sparrow is in support of this project; however he would have liked to have a way of transporting it by pipeline from this site to a railroad to be shipped. Commissioner Jemiola commended the applicants for coming prepared and reaching out to the community. Commissioner Hansford thanked the applicants for being prepared for this case. CASE NUMBER: USR14-0016 APPLICANT: LONG MEADOW FARM LLC AND LESTER&SHERRILL HARDESTY PLANNER: DIANA AUNGST REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL REVIEW PERMIT (AMUSR-587) FOR AN 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 DAIRY) AND A USE SIMILAR TO THE USES LISTED IN SECTION 23-3-40 AS USES BY SPECIAL REVIEW (THREE SINGLE FAMILY RESIDENCES ON ONE PARCEL)AS LONG AS THE USE COMPLIES WITH THE GENERAL INTENT OF THE A (AGRICULTURAL) ZONE DISTRICT. LEGAL DESCRIPTION: LOT B REC EXEMPT RE-2298, BEING IN PART OF THE NW4 SECTION 10, T6N, R66W AND LOT C REC EXEMPT RE-3211, BEING PART OF SECTION 3, T6N, R66W OF THE 6TH P.M.,WELD COUNTY, COLORADO. LOCATION: SOUTH AND NORTH OF AND ADJACENT TO CR 72; EAST OF AND ADJACENT TO CR 31. Diana Aungst, Planning Services, presented Case USR14-0016, reading the recommendation and comments into the record. Ms. Aungst noted that two (2)telephone calls and two (2) letters of opposition were received citing concerns regarding increased traffic, odors, insects and decreased property values. The Department of Planning Services recommends approval of this application with the attached conditions of approval and development standards. Commissioner Berryman asked what the distance is from the dairy facility to the nearest residence. Ms. Aungst said that it is approximately 200 feet to the nearest residence. Don Carroll, Public Works, reported on the existing traffic, access and drainage conditions and the requirements on site. Heather Barbare, Environmental Health, reviewed the public water and sanitary sewer requirements, on- site dust control, and the Waste Handling Plan. Tim Naylor, AGPROfesionals, 3050 67th Avenue, Greeley, stated that they are requesting t. -..-.. .- existing USR to increase the number of dairy cattle from 1850 head to 5000 head. The , -0(4- lq&S 2500 head and the remaining 2500 head will be in support of the operation. This facility has been in existence for 18 years. 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 asked the applicant if they have read through the 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 USR14-0016 to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval, Moved by Jordan Jemiola, Seconded by Benjamin Hansford. Vote: Motion carried by unanimous roll call vote(summary: Yes=6). Yes: Benjamin Hansford, Bruce Sparrow, Jordan Jemiola, Mark Lawley, Michael Wailes, Nick Berryman. The Chair asked the public if there were other items of business that they would like to discuss. No one wished to speak. The Chair asked the Planning Commission members if there was any new business to discuss. No one wished to speak. Meeting adjourned at 3:06 pm. Respectfully submitted, Digitally signed by Kristine 41 A:66nli ArtaintRanslem Date:2014.06.19 12:05:21 -06'00' Kristine Ranslem Secretary 4 Hello