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Home My WebLink About20101555.tiff • Kip-cfe„, MEMORANDUM ITO: CHRIS GATHMAN, DEPT OF PLANNING SERVICES CFROM: TROY SUBJECT: USR-1741, MARCELLINA DAIRY COLORADO DATE: DRAFT The Weld County Department of Public Health & Environment has reviewed this application to expand an existing dairy to 1,400 head. The Department has no objections to the proposal but recommends the following conditions be part of any approval: 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. If the applicant intends to use the existing system, the system must be evaluated and permitted in accordance with Environmental Health Services • Division policy and all provisions of the Weld County Code, pertaining to I.S.D.S. Provide documentation, prepared by a Colorado Registered Professional Engineer, that all wastewater impoundment's liners meet the seepage rate standards of Colorado Water Quality Control Commission Regulation 81, Section 81.8(2). Provide evidence that a Standard Operating Procedure for sludge and manure removal (cleaning of impoundments to maintain capacity)has been submitted for approval to the Colorado Water Quality Control Division required by Colorado Water Quality Control Commission Regulation Number 81, Section 81.8(3). Demonstrate that all new or expanded impoundments meet the setback to water wells and groundwater required by Colorado Water Quality Control Commission Regulation Number 81, Section 81.8 (6)(a)&(b). 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 Number 81 and 61. 2. There shall be no discharge of manure or wastewater to surface waters, unless allowed by Water Quality Control Commission Regulation Number 81 or by CAFO Colorado Discharge Permit issued in accordance with Regulation 61. • EXHIBIT 2010-1555 • 3. 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. 4. The facility shall be operated and maintained in a manner to prevent nuisance conditions and operate in accordance with the Management Plan for Nuisance Control submitted with the application materials. 5. The facility shall control fugitive dust on this site and operate in accordance with their current approved Management Plan for Nuisance Control. 6. 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. • 7. 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. 8. 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. 9. 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 • 2 • seepage or percolation of manure contaminated water. In no event shall the facility impact or degrade waters of the State in violation of Colorado Water Quality Control Commission Regulation Number 81. 10. 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. 11. 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. 12. 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. 13. The facility shall adhere to the maximum permissible noise levels allowed in the Light Industrial Zone as delineated in Section 25-12-103 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. Adequate drinking water, hand washing, and toilet facilities shall be provided for employees and patrons of the facility. 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. 17. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. • 3 Weld County Referral March 9, 2010 I RECEIVED COLORADO MAR 1 1 2010 Weld Canty Pudic Works Department The Weld County Department of Planning Services has received the following item for review: Applicant Roswell & Kerry Checketts Case Number USR-1741 Please Reply By April 9, 2010 Planner j Chris Gathman Project A Site Specific Development Plan and Use by Special Review Permit for an Agricultural Service establishment primarily engaged in performing agricultural, animal husbandry or horticultural services on a fee or contract basis including a Livestock Confinement Operation (expansion of an existing dairy to a total of 1,400 animals including milking cows, dry cows, heifers and calves) in the A(Agricultural) Zone District. Legal I Lots A& B of RE-3556; located in Part of the S2 of Section 15, T4N, R65W of the 6th P.M., Weld County, Colorado. • Location East of and adjacent to CR 43 and approximately 1/2 mile north of CR 44. Parcel Number 1055 15 200067 & 1055 15 200066 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. You will be notified in writing of the Planning Commission date once the date is determined. ❑ 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. Comments: Signature c am_ �111� �s —� Date 4-/Z.- IC . Agency `}'u ( c (K -ic +Weld County Planning Dept. +918 10th Street,Greeley,CO. 80631 +(970)353-6100 ext.3540 +(970)304-6498 fax • Weld County Planning Department r '• "ict MEMORANDUME`Flr TO: Chris Gathman, Planning Services DAT i 2010:".- D FROM: di Hansen, RE., Public Works IUSR-1741, Roswell& Department Kerry ChDecketts SUBJECT: COLORADO 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. All issues of concern and critical issues during further review must be resolved with the Public Works Department. COMMENTS: Weld County Road Classification Plan (FHU): WCR 43 is a collector road and requires an 80-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 shall utilize the existing accesses to the parcel. • Site Plan: 1. Please show and label the future Right-of-Way for WCR 43 on the plat. 2. Please provide tracking control at the main and secondary accesses to prevent tracking mud onto WCR 43. Show and label the tracking control on the plat. 3. The existing access, circulation, and gravel driveway shall be graded and drained to provide an all-weather access to the facility. 4. 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. Storm Water Drainage: 5. 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. Flood Hazard Development Standards: This area is not in a Special Flood Hazard Area (SFHA) as determined by the Federal Emergency Management Agency (FEMA). • pc: USR-1741 M.\PLANNING—DEVELOPMENT REVIEW\USR••Use by Special Review\USR-1741 Marcellina Dairy\USR-1741.docx WELD COUNTY ROAD ACCESS INFORMATION SHEET . Weld County Public Works Department Date: November 24, 2009 P.O. Box 758, Greeley, CO 80632 Phone: (970)356-4000, Ext. 3750 Fax: (970)304-6497 1. Applicant Name: Marcelline Dairy, LLC 2. Address or location of access: 21506 WCR 43 LaSalle, CO 80645 PT S2NW4 15-4-65 LOT A REC EXEMPT RE-3556(.89R) SITUS:21506 43 CR WELD PT S2NW4 15-4-65 LOT B REC EXEMPT RE-3556 SITUS:21556 43 CR WELD Subdivision Block Lot Weld County Road 43 Side of Road East Distance from nearest intersection 2675 feet 3. Is there an existing access to the property? Yes #accesses\ 5 4. Proposed Use: A dairy farm. 5. Site Sketch i N Legend for Access -> Description: Sat t. AGR= Agricultural I WCR 46 WinC RES = Residential �^M O&G = Oil&Gas D.R. = Ditch Road ♦ re'x. .• I �ACa lcceS9 Er:St^J Dr:-.,;,Ty; ARermebEnvanee 7, L. <o\olJ DriveResid tai {aiGRA-Second v Entrance QccesS 14 SECTION 15 I� I� L_ WCR 44 OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions Installation authorized Information Insufficient Reviewed By: Title: • Print Form • Weld Count Referral Y March 9, 2010 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Roswell & Kerry Checketts Case Number USR-1741 Please Reply By i.April 9, 2010 Planner Chris Gathman Project I A Site Specific Development Plan and Use by Special Review Permit for an Agricultural Service establishment primarily engaged in performing agricultural, animal husbandry or horticultural services on a fee or contract basis including a Livestock Confinement Operation (expansion of an existing dairy to a total of 1,400 total animals including milking cows, dry cows, heifers and calves) in the A (Agricultural)Zone District. Legal Lots A& B of RE-3556; located in Part of the S2 of Section 15,T4N, R65W of the 6th P.M., Weld County, Colorado. • Location East of and adjacent to CR 43 and approximately IA mile north of CR 44. Parcel Number 1055 15 200067 & 1055 15 200066 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. You will be notified in writing of the Planning Commission date once the date is determined. © We have reviewed the request and find that it does/does not comply with our Comprehensive Plan because © have reviewed the request and find no conflicts with our interests. at See attached letter. Comments: PJjQj-p J0 4 Q7 l_ic//RIff?O . Signature Date � 1Z"ie • Agency +Weld County Plan in Dept. +918 "Street,Greeley,CO.80631 +(970)353-6100 ext.3540 4(970)304-6498 fax tiss MEMORANDUM • COLORADO To: Chris Gathman, Planner March 23, 2010 From: Ann Siron, Zoning Compliance Officer Subject: USR-1741 Referral Upon review of my case files and computer,an active Violation(ZCV09-00247)was noted. This violation was issued due to the number of animal units exceeding the amount allowed as a Use by Right in the A (Agricultural) Zone District without a Use by Special Review permit. This case has was heard in front of the Board of County Commissioners through a violation hearing on December 8,2009 but legal action was delayed until February 8, 2010 to allow additional time to submit a Use by Special Review application to the Department of Planning Services. A complete application was submitted on January 27 2010. This application, if approved, will correct the violation. If for any reason, this application is denied, the Violation Case will proceed accordingly through a violation hearing and possibly district court. • cc: Z7 6'-8&4&4 ZCVCfi-cO9.f7 • SERVICE,TEAMWORK,INTEGRITY,QUALITY DEPARTMENT OF PLANNING SERVICES • 6 918 10`° GREELEY, COLORADO 80631 PHONE (X 0) 0100, EXT.3540 FAX (970) 304-6498 COLORADO March 18, 2010 Applicant: Roswell & Kerry Checketts Project: A Site Specific Development Plan and Use by Review Permit for an Agricultural Service establishment primarily engaged in performing agricultural, animal husbandry or horticultural services on a fee or contract basis including a Livestock Confinement Operation (expansion of any existing dairy to a total of 1,400 animals including milking cows, dry cows, heifers and calves) in the (Agricultural) Zone District. Case Number: USR-1741 Parcel Number: 1055 15 200067 & 1055 15 200066 1. Building permits shall be obtained for all existing structures on the property that have not . been permitted which permits were required for. Weld County records indicate this property is currently in violation (BCV10-00008 & ZCV09-00247). 2. A plan review is required for each building or structure for which a building permit is required. Two complete sets of plans are required when applying for each permit. Include a Code Analysis Data sheet for the Weld County Building Department for each structure that requires a permit. Submittal plans shall include a floor plan showing the specific uses of each area for the building. Plans shall bear the wet stamp of a Colorado Licensed Architect or Engineer. 3. Buildings 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: 2006 International Building Code; 2006 International Mechanical Code; 2006 International Plumbing Code; 2006 International Fuel Gas Code; 2006 International Energy Code; 2003 ICC ANSI 117.1 Accessibility Code; 2008 National Electrical Code and Chapter 29 of the Weld County Code. 4. All building plans shall be submitted to the LaSalle Fire Department for review and approval prior to issue of building permits. Please contact me for any further information regarding this project. Regards, Ken Swanson . Building Official Print Form ci(1...esses....N\l ‘:, Weld County Referral rimed March 9, 2010 Weld County lan PII I ilklanning GREELEY OFFICE COLORADO RECEIVED The Weld County Department of Planning Services has received the following item for review: Applicant Roswell& Kerry Checketts Case Number USR-1741 Please Reply By I April 9, 2010 Planner Chris Gathman Project A Site Specific Development Plan and Use by Special Review Permit for an Agricultural Service establishment primarily engaged in performing agricultural, animal husbandry or horticultural services on a fee or contract basis including a Livestock Confinement Operation (expansion of an existing dairy to a total of 1,400 total animals including milking cows,dry cows, heifers and calves) in the A (Agricultural) Zone District. Legal .Lots A& B of RE-3556; located in Part of the S2 of Section 15, T4N, R65W of the • 6th P.M., Weld County, Colorado. Location LEast of and adjacent to CR 43 and approximately'/:mile north of CR 44. Parcel Number 1055 15 200067 & 1055 15 200066 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. You will be notified in writing of the Planning Commission date once the date is determined. O 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. Comments: Date v Signature �,i � �",/j-�' � 7 • Agency WEST Gail FY COttSEgygppjj Dams +Weld County Planning Dept. +918 10th Street,Greeley,C0.80631 0(970)353-6100 ext.3540 +(970)304-6498 fax Applicant : Roswell & Kerry Checketts Case # USR- 1741 Planner: Chris Gathman i • I' yr el i, ^ _. • a TT _ . ...a ;.Fromtrimarityrsarsod....ilii * \. . . - I <. v ..............— I. • ijillI I 1 1 .♦ - i "` Coun I Road 46 ir , . . e:� '' r 0'Cr silk . ' 63 tl....s:%'"•%%...,,,,_,.......qvip........ . • ri • • i 6;',fp r. ice' - r F t'• .............. • A. �.� _ Y ji'f Pi rn ; ,z •3 • �t -� p t i +• ' f +p' - ; ' ,_ 1. A 1 � _ J -6' . •• 4•'� .. , yes•.•.-••;474-'t /el" I?.. • glikt-IIZ\41r. 1 * ' ` • ;r .. } rurcarattabillitinaH - 1 tsjk:--ra '/ •• "a"‘".rzv* Pe • ifilf . r .. . . , . ,. . dr. ., :. . . _ , _. , . ., , .. . ... t., i' i �, • r• •rA'1 • r, I 1r _ t • .,-I'M - • - _- County .Road 44* '-a • S • I I I I i I I I I I I I , N I 3 w I O I C..' } Z Z C IL L I > a m I N U a I m � I a N > � o _ mrn I O (A 7.,,, ZO I I � � rn O a)rn 6. v mm 2 to V C O C7> m US t Y L i l l O iii "O 2' O C N L r U (0 N 2)I a o N 5I� co a' C O E I � L coV f0 0) J E N r 05 Yip t o I I ! 0 r+ ,— C > t3 T.) TI ! I I 2 (A L co CO o L to 2, 2 m I ITA I I 0 I I I I N Im I . I I ' ° a • E +I UU1 C C1cal I I N 8 co I cp.... -I f o C d (6 r VIQ OJ I I I I i I I I I I _ ' Y/eld County Planning Department GREELEY OFFICE O .C F O4O9 DEPARTMENT OF NATURAL RESOURCES ti MAR ?flit azikFE3 ta. DIVISION OF WATER RESOURC CEtVED gip , +" * Bill Ritter,Jr. * 1876 4. , March 10, 2010 Governor James B.Martin Executive Director Dick Wolfe,P.E. Director/State Engineer Chris Gathman Weld County Planning Department 918 10th Street Greeley, CO 80631 Re: USR-1737- Roswell & Kerry Checketts - A Site Specific Development Plan and Use by Special Review Permit for an Agricultural Service establishment primarily engaged in performing agricultural animal husbandry or horticultural services on a fee or contract basis including a Livestock Confinement Operation (expansion of an existing dairy to a total of 1,400 total animals including milking cows, dry cows, heifers and calves) in A (Agricultural) Zone District Dear Mr. Gathman: This referral does not appear to qualify as a "subdivision" as defined in Section 30-28- 101(10)(a), C.R.S. Therefore, pursuant to the State Engineer's March 4, 2005 memorandum to county planning directors, this office will only perform a cursory review of the referral information and provide . comments. The comments do not address the adequacy of the water supply plan for this project or the ability of the water supply plan to satisfy any County regulations or requirements. In addition, the comments provided herein cannot be used to guarantee a viable water supply plan or infrastructure, the issuance of a well permit, or the physical availability of water. The referral information indicated that water for the dairy, livestock and domestic purposes will be supplied by Central Weld County Water District ("District"). Our office has no comments regarding the District's ability to serve the commercial operation. Should you have any questions in this matter, please contact loana Comaniciu of this office. Sincerely, iS Joan a Williams, P.E Wa -r Resource Engineer JMW/IDC • Office of the State Engineer 1313 Sherman Street,Suite 818•Denver,CO 80203 •Phone:303-866-3581 •Fax:303-866-3589 www.water.state.co.us Hello