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LAND USE APPLICATION
SUMMARY SHEET
Planner: Michelle Martin
Case Number: USR13-0012
Applicant: Prado View Investments Company LP
Representative: Glen Czaplewski with AGPROfessionals
4350 Highway 66, Longmont CO 80504
Hearing Date: June 18, 2013
Request: 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 (7,500 head
dairy) in the A (Agricultural) Zone District.
Legal
Description: Lot B of RE -3724 being part of the NW4 of Section 12 and part of the S2 of Section 1 all in
T4N, R66W of the 6th P.M., Weld County, CO
Location: East of and adjacent to County Road 35 and North of County Road 46
Size of Parcel: 273 Acres +/- Parcel No. 1057-01-300004 and 1057-12-200087
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code.
The Department of Planning Services' staff has received referral responses with comments from the following
agencies:
Weld County Department of Public Health and Environment, referral dated 4/15/13
Weld County Department of Building Inspection, referral dated 4/5/2013
Weld County Department of Public Works, referral dated 4/16/13
Town of LaSalle, referral dated 5/6/13
Weld County Zoning Compliance, referral dated 3/18/13
Union Ditch, referral dated 4/15/13
Farmers Independent Ditch, referral dated 4/11/13
Colorado Department of Transportation, email dated 4/8/13
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
Central Weld County Water District, referral dated 3/20/13
Colorado Parks and Wildlife, referral dated 3/19/13
West Greeley Soil Conservation District, referral dated 3/19/13
School District RE -1, referral dated 4/23/13
Weld County Extension Office, referral dated 4/16/13
Prado View Investments Company LP
USR13-0012, page 1
The Department of Planning Services' staff has not received responses from the following agencies:
Weld County Sheriff's Office
LaSalle Fire Protection District
State of Colorado Department of Public Health and Environment
USDA
City of Evans
Union Pacific Railroad
Prado View Investments Company LP
USR13-0012, page 2
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SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Planner: Michelle Martin
Case Number: USR13-0012
Applicant: Prado View Investments Company LP
Representative: Glen Czaplewski with AGPROfessionals
4350 Highway 66, Longmont CO 80504
Hearing Date: June 18, 2013
Request: 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 (7,500 head
dairy) in the A (Agricultural) Zone District.
Legal
Description: Lot B of RE -3724 being part of the NW4 of Section 12 and part of the S2 of Section 1 all in
T4N, R66W of the 6th P.M., Weld County, CO
Location: East of and adjacent to County Road 35 and North of County Road 46
Size of Parcel: 273 Acres +/- Parcel No. 1057-01-300004 and 1057-12-200087
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED 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 Department of Planning Services' staff 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."
Prado View Investments Company LP
USR13-0012, page 3
The applicant is proposing a 7,500 head dairy on a property that was previously used as a
feedlot. There is not an existing Use by Special Review Permit (USR) on the site but a
Nonconforming Use (NCU-368) substantiated the previous feedlot. The applicant is
proposing to reconfigure the existing livestock pens and erect a dairy parlor, hospital barn,
commodity barn, shop, hay barns, cross vent barns, and waste water storage ponds. The
Department of Planning Services is requiring a Lighting Plan be submitted to address the
impacts from this dairy facility on neighboring properties and rights -of -way.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the Agricultural (A)
Zone District. Section 23-3-40.B.16 of the Weld County Code 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 services on a
fee or contract basis, including a livestock confinement operation (7,500 head dairy) in the A
(Agricultural) Zone District.
The zoning compliance officer noted in her referral dated 3/18/13 that, "Upon review of my
case files and computer, an active Zoning Violation (ZCV12-00213) was noted. This violation
was initiated due to the expansion of a Nonconforming Use (by the relocation of manure,
concrete, wood and other waste to an adjacent lot) without first completing the necessary
Weld County Zoning Permits. This case has not been presented to the Weld County Court
Magistrate through the Violation Hearing process. Since this application was submitted prior
to an actual court date being scheduled, no investigation fee is required. This application if
approved by the Board of County Commissioners and once a plat is recorded will correct the
violation. If this application is denied, all commercial operations and storage of commercial
vehicles, materials and/or equipment shall be removed from the property within 30 (thirty)
days of denial or the violation will proceed in court accordingly."
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses.
The facility is located in an agricultural area on a parcel containing many outbuildings and
livestock pens. Surrounding properties to the north, south and west are utilized for
agricultural and residential purposes. Adjacent property to the east has a Use by Special
Review (USR-1053) for a seed production business. The Weld County Department of
Planning Services has not received any letters from surrounding property owners. As a
condition of approval the applicant is required to submit a Lighting Plan to help mitigate
potential concerns and address the comments/ concerns from the Town of LaSalle. The
Development Standards will also ensure that this use will be compatible 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 3 -mile referral areas for the City of Evans and the Town of
LaSalle. The property in question is also located within the Intergovernmental Agreement
Area (IGA) with the Town of LaSalle. The Town of LaSalle stated on the Notice of
Inquiry form dated 12/11/12 that, "The Town Board has chosen to have the applicant
proceed with the development through Weld County following their regulations, but to
continue to keep the Town involved thoughtout the process. Concerns emphasized were
impact related issues involving odor, traffic, dust control, and future annexations when
feasible and in the event of closure of the dairy." The Town of LaSalle in their referral
dated May 6, 2013 echoed their previous concerns stated in the notice of inquiry form
and also suggested precautions be made to avoid any possible contamination to local
Prado View Investments Company LP
USR13-0012, page 4
ground water., The Weld County Department of Planning Services has not received a
referral response from the City of Evans.
As a condition of approval the applicant will need to attempt to address the concerns of
the Town of La Salle.
E. Section 23-2-220.A.5 -- The application complies with Article V of the Weld County
Code. The existing site is within the County Road Impact Fee Area and the Capital
Expansion Impact Fee and Drainage Impact Fee areas.
Building Permits issued on the proposed lots will be required to adhere to the fee
structure of the Weld County Road Impact Program. (Ordinance 2011-2)
Building Permits issued on the proposed lots, will be required to adhere to the fee
structure of the County Facility Fee and Drainage Impact Fee. (Ordinance 2011-2)
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 majority of 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 property was previously utilized as a feedlot
therefore the proposed dairy USR does not take any additional farmland out of
production.
G. Section 23-2-220.A.7 -- There is adequate provisions for the protection of 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 Department of Planning Services' staff recommendation for approval is conditional upon the
following:
1. Prior to recording the plat:
A. The applicant shall address the requirements of the Town of LaSalle as stated in their
referral received May 6, 2013. Written evidence of such shall be provided to the
Department of Planning Services. (Town of La Salle)
B. The applicant shall enter into an Improvements Agreement and Road Maintenance
Agreement according to policy regarding collateral for improvements and post
adequate collateral for all transportation (access drive, parking areas, et cetera) and
non -transportation (fencing, screening, drainage et cetera). The agreement and form
of collateral shall be reviewed by County Staff and accepted by the Board of County
Commissioners prior to recording the USR plat. The applicant may submit evidence
that all the work has been completed and reviewed by the Department of Planning
Services and the Department of Public Work. (Department of Planning Services)
C. The applicant shall submit an access permit application form showing the existing
access points that will be used for the USR activities. (Department of Public Works)
Prado View Investments Company LP
USR13-0012, page 5
D. The applicant shall either submit a copy of an agreement with the property's mineral
owner/operators stipulating that the oil and gas activities have been adequately
incorporated into the design of the site or show evidence that an adequate attempt
has been made to mitigate the concerns of the mineral owner/operators. Drill
envelopes can be delineated on the plat in accordance with the State requirements
as an attempt to mitigate concerns. The plat shall be amended to include any
possible future drilling sites. (Department of Planning Services)
E. If a sign is proposed, the applicant shall submit a detailed signage plan to the
Department of Planning Services, including location and size. Signs shall be in
compliance with Chapter 23, Article IV, Division II and Appendices 23-C, 23-D and
23-E of the Weld County Code. (Department of Planning Services)
F. The applicant shall submit a Lighting Plan to the Department of Planning Services for
review and approval. (Department of Planning Services)
G. The applicant shall address the requirements of the Farmers Independent Ditch as
stated in their referral received April 11, 2013. Written evidence of such shall be
provided to the Department of Planning Services. (Farmers Independent Ditch)
H. The applicant shall address the requirements of the Union Ditch Company as stated
in their referral received April 15, 2013. Written evidence of such shall be provided to
the Department of Planning Services. (Union Ditch Company)
The applicant shall address the requirements of the Colorado Department of
Transportation as stated in their email dated April 8, 2013. Written evidence of such
shall be provided to the Department of Planning Services. (Colorado Department of
Transportation)
J. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR13-0012. (Department of Planning
Services)
2) The plat shall be prepared per Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
3) The attached Development Standards. (Department of Planning Services)
4) Show the approved access points on the plat and label them with the Access
Permit number (will be provided). (Department of Public Works)
5) Access improvements are required and shall include 60 foot radiuses to
accommodate turning trucks and double cattle guards across the main
access to prevent the tracking of mud onto the gravel roadway. (Department
of Public Works)
6) County Road 35 is designated on the Weld County Road Classification Plan
as an arterial road, which requires 140 feet of right-of-way at full build out.
There is presently 60 feet of right-of-way. An additional 40 feet shall be
delineated on the plat as future County Road 35 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.
Prado View Investments Company LP
USR13-0012, page 6
(Department of Public Works)
7) County Road 48 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.
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. All
setbacks shall be measured from the edge of future right-of-way. If the right-
of-way cannot be verified, it shall be dedicated. This road is maintained by
Weld County. (Department of Public Works)
8) The approved location of the proposed lighting and signs. (Department of
Planning Services)
9) 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.
Areas used for storage or trash collection shall be screened from adjacent
public rights -of -way and adjacent properties. These areas shall be designed
and used in a manner that will prevent wind or animal scattered trash.
(Department of Planning Services)
10) The oil and gas location and setback radiuses for existing wellheads and
tank batteries on the site shall be indicated in accordance with Section 23-3-
50.E of the Weld County Code. (Department of Planning Services)
11) The map shall be amended to include the whole area used for composting.
2. Prior to Construction:
A. In the event that 1 or more acres are disturbed during the construction and
development of this site, the applicant shall obtain a stormwater discharge permit
from the Water Quality Control Division of the Colorado Department of Public Health
and Environment. (Department of Public Works)
B. If more than 1 acre is to be disturbed, a grading permit will be required prior to the
start of construction. The grading permit application must contain: an erosion and
sediment control plan, a grading plan, installation details of all BMPs to be utilized,
typical installation and maintenance notes for all BMPs to be utilized, and a copy of
the approved CDPHE stormwater permit. (Department of Public Works)
3. The applicant shall submit one (1) electronic or three (3) paper copies of the plat for
preliminary approval to the Weld County Department of Planning Services. (Department of
Planning Services)
4. Upon completion of 1. above 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 Department of Planning Services' Staff.
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)
5. The Department of Planning Services respectively requests the surveyor provide a digital
copy of this Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn
Prado View Investments Company LP
USR13-0012, page 7
(Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and
Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4).
(Group 6 is not acceptable). This digital file may be sent to maps(a�co.weld.co.us.
(Department of Planning Services)
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Prado View Investment Company LP
USR13-0012
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 (7,500 head
dairy) in the A (Agricultural) Zone District. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the
Weld County Code. (Department of Planning Services)
3. The facility will operate 24 hours per day. (Department of Planning Services)
4. The total number of on -site employees shall be limited to thirty five (35). (Department of
Planning Services)
5. The facility shall operate in compliance with Colorado Water Quality Control Commission
Regulation 81 (5 CCR 1002-81) and 61 (5 CCR 1002-61). (Department of Public Health &
Environment)
6. 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 & Environment)
7. 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 & Environment)
8. Prior to wastewater entering new or expanded impoundment, the facility shall demonstrate
compliance with the setback to water wells, separation from seasonal high groundwater, and
that the impoundment's liner9s) meet the seepage rate standards required by Colorado
Water Quality Control Commission Regulation Number 81. (Department of Public Health &
Environment)
9. 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 area except for agricultural stormwater. (Department of Public Health &
Environment)
10. The facility shall control fugitive dust on this site and operate in accordance with their current
approved Management Plan for Nuisance Control. (Department of Public Health &
Environment)
Prado View Investments Company LP
USR13-0012, page 8
11. 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 & Environment)
12. 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 & Environment)
13. 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 & Environment)
14. 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 Regulation 81. (Department of Public Health &
Environment)
15. Any Individual Sewage Disposal System (I.S.D.S.) on the property shall be permitted,
installed, maintained and operated in compliance with all provisions of the Weld County
Code, pertaining to I.S.D.S. (Department of Public Health & Environment)
16. 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 & Environment)
17. There shall be no permanent disposal of solid wastes, as defined in the Regulations
Pertaining to Solid Waste Disposal Sites and Facilities (6 CCR 1007-2), 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, C.R.S., as amended.
(Department of Public Health & Environment)
18. 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. (Department of Public Health & Environment)
19. The facility shall provide adequate drinking water, hand washing, and toilet facilities..
(Department of Public Health & Environment)
Prado View Investments Company LP
USR13-0012, page 9
20. If applicable, the applicant shall obtain stormwater discharge permit coverage for construction
activities from the Colorado Dept. of Public Health & Environment, Water Quality Control
Division. (Department of Public Health & Environment)
21. The applicant shall apply for and obtain a commercial Individual Sewage Disposal System
(I.S.D.S.) permit for disposal of sanitary wastes from the milk parlor, and from restroom
facilities for employees and patrons of the facility. Any existing systems must be evaluated
and permitted in accordance with the Weld County Department of Public Health and
Environment policy and all applicable provisions of the Weld County Code pertaining to
I.S.D.S. (Department of Public Health & Environment)
22. 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 & Environment)
23. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if 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. All vegetation,
other than grasses, needs to be maintained at a maximum height of 12 inches until the area
is completely developed. (Department of Public Works)
24. The historical flow patterns and run-off amounts will be maintained on site in such a manner
that it will reasonably preserve the natural character of the area and prevent property damage
of the type generally attributed to run-off rate and velocity increases, diversions,
concentration and/or unplanned ponding of storm run-off. (Department of Public Works)
25. Weld County is not responsible for the maintenance of onsite drainage related features.
(Department of Public Works)
26. 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; and Neither direct nor reflected light from any light source may create a traffic
hazard to operators of motor vehicles on public or private streets and no colored lights may
be used which may be confused with or construed as traffic control devices. (Department of
Planning Services)
27. Building Permits issued on the proposed lots will be required to adhere to the fee structure of
the Weld County Road Impact Program.(Ordinance 2011-2) (Department of Planning
Services)
28. Building Permits issued on the proposed lots, will be required to adhere to the fee structure of
the County Facility Fee and Drainage Impact Fee. (Ordinance 2011-2) (Department of
Planning Services)
29. The Special Review activity shall not occur nor shall any building or electrical permits be
issued on the property until the Special Review plat is ready to be recorded in the office of the
Weld County Clerk and Recorder. (Department of Planning Services)
30. The property owner or operator shall be responsible for complying with the Design Standards
of Section 23-2-240, Weld County Code. (Department of Planning Services)
31. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code. (Department of Planning Services)
32. 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
Prado View Investments Company LP
USR13-0012, page 10
reasonable time in order to ensure the activities carried out on the property comply with the
Conditions of Approval and Development Standards stated herein and all applicable Weld
County regulations. (Department of Planning Services)
33. The Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from
the plans or Development Standards as shown or stated shall require the approval of an
amendment of the Permit by the Weld County Board of County Commissioners before such
changes from the plans or Development Standards are permitted. Any other changes shall
be filed in the office of the Department of Planning Services. (Department of Planning
Services)
34. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards
may be reason for revocation of the Permit by the Board of County Commissioners.
(Department of Planning Services)
35. Buildings and structures shall conform to the requirements of the various codes adopted at the
time of permit application. Currently the following has been adopted by Weld County: 2012
International Building Code; 2012 International Mechanical Code; 2012 International Plumbing
Code:; 2012 International Fuel Gas Code; 2006 International Energy Code; 2011 National
Electrical Code; 2009 ANSI 117.1 Accessibility Code and Chapter 29 of the Weld County Code.
(Building Department)
36. Prior to the release of building permit, the applicant shall submit evidence of approval from
the LaSalle Fire Protection District to the Weld County Building Department. (Building
Department)
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.
Prado View Investments Company LP
USR13-0012, page 11
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, sand burs, 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.
Prado View Investments Company LP
USR13-0012, page 12
May 06, 2013
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: mmartin@co.weld.co.us
PHONE: (970) 353-6100, Ext. 3571
FAX: (970) 304-6498
CZAPLEWSKI GLEN
AGPROFESSIONALS LLC
4350 HWY 66
LONGMONT, CO 80504
Subject: USR13-0012 - 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 (7,500 head
dairy) in the A (Agricultural) Zone District.
On parcel(s) of land described as:
PT NW4 SECTION 12, T4N, R66W LOT B REC EXEMPT RE -3724 of the 6th P.M., Weld County,
PT S2 SECTION 1, T4N, R66W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on June 18, 2013, at 1:30 p.m.
A subsequent hearing with the Board of County Commissioners will be held on July 17, 2013 at 10:00
a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O
Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to
answer any questions the Planning Commission members or Board of County Commissioners may
have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld
County Planning Department with written certification indicating the above requirement has been met.
A representative from the Department of Planning Services will be out to the property a minimum of ten
days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place
on the property and a second sign posted at the point at which the driveway (access drive) intersects a
publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to
the Weld County Planning Commission and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at
www.weldcountyplanningcases.org
If you have any questions concerning this matter, please call.
Respectfully.
Digitally signed by Kristine Ranslem
Reason: I am the author of this document
Date: 2013.05.06 13:13:35 -06'00'
Michelle Martin
Planner
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: mmartin@co.weld.co.us
PHONE: (970) 353-6100, Ext. 3571
FAX: (970) 304-6498
March 18, 2013
CZAPLEWSKI GLEN
AGPROFESSIONALS LLC
4350 HWY 66
LONGMONT, CO 80504
Subject: USR13-0012 - 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 (7,500 head
dairy) in the A (Agricultural) Zone District.
On parcel(s) of land described as:
PT NW4 SECTION 12, T4N, R66W LOT B REC EXEMPT RE -3724 of the 6th P.M., Weld County,
Colorado.
PT S2 SECTION 1, T4N, R66W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying
within three miles of the property in question or if the property under consideration is located within the
comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of
the submitted materials to the following Planning Commission(s) for their review and comments:
Evans at Phone Number 970-475-1170
LaSalle at Phone Number 970-284-6931
Please call the listed Planning Commissions, for information regarding the date, time and place of the
meeting and the review process. It is recommended that you and/or a representative be in attendance at
each of the meetings described above in order to answer any questions that might arise with respect to
your application.
If you have any questions concerning this matter, please call.
Respectfully.
Digitally signed by Kristine Ranslem
Reason: I am the author of this document
Date: 2013.03.18 13:46:52 -06'00'
Michelle Martin
Planner
Michelle Martin
From: Troy Swain
Sent: Friday, March 22, 2013 3:39 PM
To: Glen Czaplewski
Cc: Michelle Martin; Heidi Hansen
Subject: FW: Prado View Dairy Application
Attachments: Prado View Dairy Application 20130320 initial Health Dept review memo.pdf
Glen Czaplewski
Planner
AgProfessionals, LLC
Glen, attached is an initial review of the Prado Dairy. Please see this draft of recommended Health Dept. related
conditions of approval. NOTE: Tentatively, I have moved the impoundment construction condition (typically prior to
recording the plat) to the Development Standard section to allow some flexibility and a noise related development
standard was not included. As discussed, the Department will need more detail regarding the management of the
impoundment wastewater. Also, the following should be noted with regards to movement of wastewater via truck: The
manure trucks and manure wastewater truck trips were not included in your application. Removal of wastewater from
impoundments for land application is typically accomplished via pipeline to adjacent farm fields and no application areas
assessable via pipeline were identified in the application materials. The removal of 1 acre foot of waste water would be
approximately 50 semi -tanker loads (6 acre feet = 300 loads).
Take a look at these draft conditions, and I'm available to discuss them with you (however, I will be out the week of April
Sincerely,
Troy E. Swain
EH Program Coordinator
Weld County Dept. of Public Health & Environment
1555 N. 17th Avenue
Greeley, CO 80631
(970) 304-6415, ext. 2219
(970) 673-2218 (cell)
(970) 304-6411 (fax)
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Troy Swain
Sent: Wednesday, March 20, 2013 10:23 AM
1
To: Michelle Martin
Cc: Lauren Light
Subject: Prado View Dairy Application
Prado View Dairy Application
Troy E. Swain
EH Program Coordinator
Weld County Dept. of Public Health & Environment
1555 N. 17th Avenue
Greeley, CO 80631
(970) 304-6415, ext. 2219
(970) 673-2218 (cell)
(970) 304-6411 (fax)
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
2
‘etr.
COLORADO
Memorandum
TO: Michelle Martin, Weld County Dept. of
Planning Services
FROM: Troy Swain, Weld County Dept. of Public
Health & Environment, Environmental
Health Division
DATE: March 20, 2013
SUBJECT: Prado View Dairy
The Weld County Department of Public Health & Environment will be unable to complete the review and
provide a recommendation, unless and until a sustainable process wastewater control system is developed
and proposed by the applicant (as outlined in the attached e-mail message).
A sustainable process wastewater control system must be developed to prevent discharge in accordance
with Colorado Water Quality Control Commission Regulation 81 [81.6 (I)(b)J. The Department requires
proof of holding capacity and waste management through the planning process due to 23-2-240 Weld
County Code, which states that an applicant for a Special Review Permit shall demonstrate conformance
with the following operation standards in the Special Review Permit application to the extent that the
standards affect location, layout and design of the Use by Special Review prior to construction and
operation. Once operational, the operation of the USES permitted shall conform to these standards.... C.
The operation of the USES shall comply with the water quality regulations promulgated by the Colorado
Water Quality Control Commission.
The Department has drafted the following conditions of approval:
The Department recommends that the following requirements he met by the applicant prior to recording
the plat:
The applicant shall apply for and obtain a commercial Individual Sewage Disposal System (I.S.D.S.)
permit for disposal of sanitary wastes from the milk parlor, and from restroom facilities for employees
and patrons of the facility. Any existing systems must be evaluated and permitted in accordance with
Weld County Department of Public Health and Environment policy and all applicable provisions of the
Weld County Code pertaining to I.S.D.S.
The applicant shall submit a Management Plan for Nuisance Control for review and approval to the Weld
County Department of Public Health and Environment. Evidence of approval shall be submitted to the
Department of Planning Services.
We recommend that the following requirements be incorporated into the permit as development
standards:
I. The facility shall operate in compliance with Colorado Water Quality Control Commission
Regulation 81 (5 CCR 1002-81) and 61 (5 CCR 1002-61).
2. The facility shall register as a Confined Animal Feeding Operation (CAFO) with the Colorado
Department of Public Health & Environment upon reaching the registration threshold.
3. 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.
4. '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.
5. 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 stonnwater.
6. The facility shall control fugitive dust on this site and operate in accordance with their current
approved Management Plan for Nuisance Control.
7. 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.
8. 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 I lealth & 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.
9. 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 he 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.
10. 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 he 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 arc protective of State waters.
These areas shall he 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
Regulation 81.
11. Any Individual Sewage Disposal System (I.S.D.S.) on the property shall be permitted, installed,
maintained and operated in compliance with all provisions of the Weld County Code, pertaining
to I.S.D.S.
12. 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.
13. There shall he no permanent disposal of solid wastes, as defined in the Regulations Penaining to
Solid Waste Disposal Sites and Facilities (6 CCR 1007-2), 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. C.R.S., as amended.
14. 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.
15. The facility shall provide adequate drinking water, hand washing. and toilet facilities.
16. If applicable, the applicant shall obtain stormwater discharge permit coverage for construction
activities from the Colorado Dept. of Public Health & Environment, Water Quality Control
Division.
Troy Swain
From:
Sent:
To:
Cc:
Subject:
Troy Swain
Monday, March 04, 2013 10:02 AM
Michelle Martin
Lauren Light
Prado View 7 -day review EH comments
Michelle Martin
Weld County Dept. of Planning Services
Prado View 7 -day review EH comments
Regarding the Management Plan for Nuisance Control, applicant shall agree to provide a copy of the plan signed by the
owner/operator of the dairy with the application or prior to the planning commission hearing. EH will then provide
written approval of the plan and not condition submittal and approval of a plan in the proposed USR.
Regarding the Preliminary Waste System Design, applicant did not demonstrate that there is enough crop land available
for the wastewater that will need to be removed from the impoundments to ensure required wastewater impoundment
capacity can be maintained. Does the applicant have any agreements in place with adjacent property owners? Or are
their alternate plans or agreements in place to transport, transfer and apply this wastewater elsewhere?
The 115 acre portion of the proposed USR property on the south side of Weld County Road 48 is operating as a waste
disposal site and facility without meeting the Regulations Pertaining to Solid Waste Sites and Facilities (6 CCR 1007-2).
Does the applicant have a time frame for the removal and disposition of the legacy manure from the former Miller
Feedlot being composted on this property and the utilization or removal of the concrete debris from the demolition of
concrete pads at the former Miller Feedlot?
If the applicant can adequately address the above concerns, the Weld County Department of Public Health and
Environment should have enough information in the application to draft conditions of approval.
Troy E. Swain
EH Program Coordinator
Weld County Dept. of Public Health & Environment
1555 N. 17th Avenue
Greeley, CO 80631
(970) 3046415, ext. 2219
(970) 673-2218 (cell)
(970) 304-6411 (fax)
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
1
MEMORANDUM
TO: Referral Agencies and Surrounding Property Owners
DATE: April4, 2013
FROM: Michelle Martin
SUBJECT: USR13-0012
/
The applicant has requested to modify the proposed Use by Special Review to now include two
cross vent barns, east of and adjacent to County Road 35. If you have any additional concerns,
requirements and/or comments please send me an email and/or update your referral.
If you have any questions please don't hesitate to contact me at 970-353-6100 x 3540 or
mmartinaco.weld.co.us
FIELD CHECK Inspection Date: )j z 6, zc13
Case Number: USR13-0012
Applicant: Prado View Investments Company LP
Representative: Glen Czaplewski with AGPROfessionals
4350 Highway 66, Longmont CO 80504
Request: 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 (7,500 head dairy) in the A (Agricultural) Zone District.
Legal
Description: Lot B of RE -3724 being part of the NW4 of Section 12 and part of the S2 of Section 1 all
in T4N, R66W of the 6th P.M., Weld County, CO
Location: East of and adjacent to County Road 35 and North of County Road 46
Size of Parcel: 273 Acres +/-
Parcel No. 1057-01-300004 and 1057-12-200087
Zoning
Land Use
N
A (Agricultural)
N
Agricultural
E
A (Agricultural)
E
Agricultural
S
A (Agricultural)
S
Agricultural
W
A (Agricultural)
W
USR-1053 Seed Production
COMMENTS:
The site has been graded to remove the old corrals. The applicant has started
composting on the southern property. There are some existing trees along CR 35.
Michelle Martin, Planner
Hello