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HomeMy WebLinkAbout20131765.tiffMEMORANDUM TO: Michelle Martin, Planning Services DATE: April 16, 2013 FROM: Heidi Hansen, P.E., Public Works Department SUBJECT: USR12-0034, Prado Investments A Use by Special Review permit for an 8,000 head dairy. The Weld County Public Works Department has reviewed this proposal. This project falls under the Use by Special Review Standard, Weld County Code, Chapter 23, Article II, Division 4, Section 23. Staff comments made during this phase of the Use by Special Review process may not be all-inclusive, as other issues may arise during the remaining application process. COMMENTS: CR 35 is an arterial road, which requires a 140 -foot right-of-way at full build out. There is presently a 60 - foot right-of-way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning (23-1-90), the required setback is measured from the future right-of-way line. CR 48 is a local gravel road and requires a 60 -foot right-of-way at full build out. There is presently a 60 - foot right-of-way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning (23-1-90), the required setback is measured from the future right-of-way line. The applicant stated that there will be a maximum of 35 employees with proposed traffic including 7-10 trucks per day. The applicant will utilize the existing accesses to the property. Additional accesses will not be granted. Please submit an Access Permit Application form for review. Please show the approved access points on the plat and label them with the Access Permit number (will be provided when application is received). Access improvements are required and shall include 60' radiuses to accommodate turning trucks and double cattle guards across the main access to prevent the tracking of mud onto the gravel roadway. An improvements and road maintenance agreement is required for this site. Public Works will provide a draft of the agreement after the Board of County Commissioners hearing for this project. An example Improvements Agreement is available on the County Planning website under Application Assistance. 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. 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. The Public Works Department will defer the storm water drainage requirements to the Department of Health and Environment, as it deals with animal units. The applicant is required to comply with the Colorado Confined Animal Feeding Control Regulations (State of Colorado). This area IS NOT in a Special Flood Hazard Area (SFHA) as determined by the Federal Emergency Management Agency (FEMA). C:AUsers\kfordAAppDataALocalAM icrosoftIW indows\Temporary Internet Files\L0WVContent.lE5\Y8TF2DCRVUSRI 3-0012 [1 t.docx REQUIREMENTS: 1. Submit an Access Permit Application form showing the existing access points that will be used for the USR activities. 2. Show the approved access points on the plat and label them with the Access Permit number (will be provided when application is received). 3. Access improvements are required and shall include 60' radiuses to accommodate turning trucks and double cattle guards across the main access to prevent the tracking of mud onto the gravel roadway. 4. An improvements and road maintenance agreement is required for this site. Public Works will provide a draft of the agreement after the Board of County Commissioners hearing for this project. 5. 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. 6. 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. 7. Add the following notes to the plat: a. 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. b. 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. c. Weld County is not responsible for the maintenance of onsite drainage related features. C:AUsers\kfordAAppDataALocalAM icrosoftIW indows\Temporary Internet Files\L0WVContent.lE5\Y8TF2DCRVUSRI 3-0012 [1 t.docx WF�PC COLORADO 6crite Memorandum TO: Michelle Martin, Weld County Dept. of Planning Services FROM: Troy Swain, Weld County Dept. of Public Health & Environment, Environmental Health Division DATE: April 15, 2013 SUBJECT: Prado View Dairy, USR13-0012 The Department has reviewed the application for a 7500 head (— est. 'V2 milked) dairy farm operation and recommends the following conditions he adopted in the Use by Special Review Permit: The Department recommends that the following requirements be 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. We recommend that the following requirements be incorporated into the permit as development standards: 1. 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 stormwater. 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 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. 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 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. 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 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. 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 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. 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. MEMORANDUM IRk. COLORADO To: Michelle Martin, Planner March 18, 2013 From: Bethany Salzman, Zoning Compliance Officer Subject: USR13-0012 Referral 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 mature, 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. Due to records release laws, staff no longer tracks complainant information, but please be aware it is staff's policy to no longer accept staff initiated complaints. 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. SG RV ICL ItAMWORK, IN ILGNI IY QUALI I'V Department of Planning Services 1555 N 17th Ave Greeley, CO 80631 (970) 353-6100 Weld County Referral Date: April 5, 2013 Applicant: Prado View Investments Company LP Project: 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. Case Number: USR13-0012 Parcel Number 105712200087-R2938204 After reviewing the application and documents submitted the Building Department has the following comments: A building permit will be required for any new construction, alteration, or addition to any buildings or structures on the property. It is required that a code analysis be done on the project by a design professional with experience in this area. A building permit application must be completed and two complete sets of engineered plans including engineered foundation 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 a open hole inspection.. Buildings, equipment 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 Energy Code; 2006 International Fuel Gas Code; 2011 National Electrical Code; 2009 ANSI 117.1 Accessibility Code the 2012 International Plumbing Code and Chapter 29 of the Weld County Code. A plan review shall be approved and a permit must be issued prior to the start of construction. All building requirements can be found on the Weld County web -site www.co.weld.co.us/planninq department/building inspection/permits Frank Piacentino Plans Examiner Department of Building Inspection Submit by Email Weld County Referral March 18, 2013 The Weld County Department of Planning Services has received the following item for review: Applicant: Prado View Investments Company LP Case Number: USR13-0012 Please Reply By: April 15, 2013 Planner: Michelle Martin Project: 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. Location: EAST OF AND ADJACENT TO CR 35; NORTH OF CR 46 Parcel Number: 105712200087-R2938204 Legal: PT NW4 SECTION 12, T4N, R66W LOT B REC EXEMPT RE -3724 (2.2R) of the 6th P.M., Weld County, Colorado. Parcel Number: 105701300004-R6782999 Legal: PT S2 SECTION 1, T4N, R66W of the 6th P.M., Weld County, Colorado. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. We have reviewed the request and find that it does / does not comply with our Comprehensive Plan because: We have reviewed the request and find no conflicts with our interests. See attached letter. 1 r Signature -- Agency Date Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 353-6100 ext.3540 (970) 304-6498 fax April 23, 2013 reM#41 4gC>r s%cct ea&tads 128 N. SECOND S`. LASALLE, CO 80645 (970) 284-6931 FAX (970) 284-6983 Michelle Martin Weld County Planning Department 1555 N 17ih Avenue Greeley, CO 80631 TOWN HALL RE: Weld County Referral USR13-0012- Prado View Investments Company At a regular meeting of the LaSalle Town Board on April 23, 2013, the above referenced Use by Special Review was considered. The board was in receipt of a recommendation from the Planning and Zoning Commission regarding the Prado View USR. Glen Czaplewski and Tim Naylor, representing AGPRO were in attendance at this meeting in order to address any concerns. The Planning Commission recommendation echoed the previous communications submitted to Weld County through the Notice of Inquiry in December 2012. More specifically, to keep the town involved throughout the development process especially as it pertains to high impact issues such as odor, dust control, and traffic. The Commission had also suggested precautions be made to avoid any possible contamination to local ground water. AGRPRO representatives discussed the established regulatory guidelines which they follow in order to avoid such issues. They will continue their due diligence throughout the process, and encouraged board members to contact them at anytime with questions or concerns. Working within the IGA with Weld County, the Town Board is confident the Prado Dairy will be a good neighbor. The expertise throughout various county departments and manpower, your guidance will be invaluable to the applicant as well as the town. Sincerely, Carl L. Harvey Operations Director Submit by Email Weld County Referral March 18, 2013 The Weld County Department of Planning Services has received the following item for review: Applicant: Prado View Investments Company LP Case Number: USR13-0012 Please Reply By: April 15, 2013 Planner: Michelle Martin Project: 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. Location: EAST OF AND ADJACENT TO CR 35; NORTH OF CR 46 Parcel Number: 105712200087-R2938204 Legal: PT NW4 SECTION 12, T4N, R66W LOT B REC EXEMPT RE -3724 (2.2R) of the 6th P.M., Weld County, Colorado. Parcel Number: 105701300004-R6782999 Legal: PT S2 SECTION 1, T4N, R66W of the 6th P.M., Weld County, Colorado. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. 0 We have reviewed the request and find that it does / does not comply with our Comprehensive Plan because: We have reviewed the request and find no conflicts with our interests. See attached letter, Signature Agency Gary Alles, President Union Ditch Company Date April 15, 2013 Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 353-6100 ext.3540 (970) 304-6498 fax Union Ditch Company Donna L. Coble, Secretary P.O. Box 445 Greeley, CO 80632 (970) 353-6121 (970) 353-9703 (fax) April 15, 2013 Michelle Martin, Planner Weld County Planning Dept. 1555 N. 17th Avenue Greeley, CO 80631 Re: Prado View Investments Company LP Case No. USR13-0012 Dear Michelle: Union Ditch Company has reviewed the Prado View Investments Company referral material. Union Ditch Company has concerns about water running off from the dairy into the Union Ditch and also into the recharge pond used by Union Ditch Company. Any approval should include a condition that water not be allowed to run into the ditch or the augmentation pond. Yours very truly, Donna L. Coble Secretary Submit by Email Weld County Referral March 18, 2013 The Weld County Department of Planning Services has received the following item for review: Applicant: Prado View Investments Company LP Case Number: USR13-0012 Please Reply By: April 15, 2013 Planner: Michelle Martin Project: 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. Location: EAST OF AND ADJACENT TO CR 35; NORTH OF CR 46 Parcel Number: 105712200087-R2938204 Legal: PT NW4 SECTION 12, T4N, R66W LOT B REC EXEMPT RE -3724 (2.2R) of the 6th P.M., Weld County, Colorado. Parcel Number: 105701300004-R6782999 Legal: PT S2 SECTION 1, T4N, R66W of the 6th P.M., Weld County, Colorado. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. 0 We have reviewed the request and find that it does / does not comply with our Comprehensive Plan because: We have reviewed the request and find no conflicts with our interests. See attached letter, Signature Agency Frank A. Eckhardt, Jr., President Farmers Independent Ditch Company Date April 11, 2013 Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 353-6100 ext.3540 (970) 304-6498 fax THE FARMERS INDEPENDENT DITCH COMPANY Donna L. Coble, Secretary P.O. Box 1371 Greeley, CO 80632 (970) 353-6121 (970) 353-9703 (fax) April 15, 2013 Michelle Martin, Planner Weld County Planning Dept. 1555 N. 17th Avenue Greeley, CO 80631 Re: Prado View Investments Company LP Case No. USR13-0012 Dear Michelle: Farmers Independent Ditch Company reviewed the Prado View Investments Company referral. The Company is concerned about any type of draining going into the ditch. Any approval should be conditioned upon drainage not being allowed into the ditch. The Company is reviewing the Preliminary Waste System Design and may submit further comments if there are additional concerns. Yours very truly, et. Oteci Donna L. Coble Secretary Michelle Martin From: Sent: To: Subject: Michelle, Hice-Idler - CDOT, Gloria [gloria.hice-idler@state.co.us] Tuesday, March 19, 2013 11:35 AM Michelle Martin USR13-0012/Prado View CDOT is not a fan of the CR 48 access onto US 85. In the past we've discouraged development from using it and in fact, I think the County required one of the businesses in the business park to go to CR 46. If CR 48 is the way the applicant will get to US 85, we need to have some kind of traffic analysis completed to determine if their volume increases traffic at the intersection by more than 20%. We will also need to determine if highway improvements might be necessary. If recall correctly, the turn lanes at this location are substandard. If you have any questions, please contact me. Gloria Hice-Idler Region 4 Permit Manager State of Colorado, CDOT Region 4 Permits 1420 2nd Street, Greeley, CO 80631 office: 970.350.21481 cell: 970.381.24751 fax: 970.350.2198 email: Gloria.Hice Idler@state.cc.us 'PI FAST NOTF: As of October S, )01), ray email changed to Gloria.Hice-Idler@state.co.us. Please update your address book accordingly. Thank you! 1 Hello