HomeMy WebLinkAbout20101551.tiff INVENTORY OF ITEMS FOR CONSIDERATION
• Applicant Roswell & Kerry Checketts Case Number USR-1741
Submitted or Prepared
Prior to At
Hearing Hearing
1 Staff Comments X
Department of Planning Services Field Check Form X
Letter to Applicant X
Legal Notifications X
N 2 Application X
Maps X
Deed/Easement Certificate X
Surrounding Property/Mineral Owners X
Utilities X
3 Referral List X
Referrals without comment X
Weld RE-1 School District referral received 3/13/2010 X
Colorado Division of Wildlife referral received 3/25/2010 X
• 4 Referrals with comments X
Weld County Department of Public Health and Environment referral received X
4/15/2010(3 pages)
Department of Public Works referral received 4/14/2010 X
Weld County Zoning Compliance referral received 3/23/2010(2 pages) X
Weld County Department of Building Inspection referral received 3/18/2010 X
West Greeley Soil Conservation District referral received 3/15/2010(3 pages) X
Colorado Division of Water Resources referral received 3/12/2010 X
5 Surrounding Property Owners/Mineral Owners - Letters
6 PC Exhibits
6A Planning Commission Sign posting affidavit (j'g 1 Cc, a) X
( exh;t}-) X
6C Letter from Bev Orr received 4/16/2010 X
6D Letter from Vladimir&Vicky Boiko dated 4/27/2010(2 pages) X
6E Referral letter from the Town of LaSalle received 6/24/2010 (2 pages) X
7 Planning Commission Resolution_
I hereby certify that the 17 items identified herein were submitted to the Department of Planning Services at or prior to the
scheduled Planning Commissioners hearing. �
•
Chris Gathman Planner ..
2010-1551
• !'141.
‘01;:g
V liDeLANDAPPLICATION
SUMMARY SHEET
COLORADO
Case Number: USR-1741 Hearing Date: June 1, 2010
Applicant: Roswell & Kerry Checketts, 21506 County Road 43, LaSalle, CO. 80615
Applicant's
Representative Tim Naylor, AGPROfessionals LLC, 3450 Highway 66, Longmont, CO 80504
Request: A Site Specific Development Plan and 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 Description: Lots A& B of Recorded Exemption RE-3556; Located in the S2NW4 of Section 15,
Township 4 North, Range 65 West of the 6th P.M., Weld County, Colorado
Location: East of and adjacent to County Roads 43 and approximately''A mile north of County
Road 44
•
Size of Parcel: +/-79.66 acres
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit are listed in Section 23-2-220 of the Weld County Code.
The Department of Planning Services' staff has received responses with comments from the following
agencies:
•
Weld County Department of Public Health and Environment, referral received 4/15/2010
•
Weld County Department of Public Works, referral received 4/12/2010
•
Weld County Department of Building Inspection, referral received 3/18/2010
•
Office of State Engineer— Division of Water Resources, referral received 3/12/2010
•
Weld County Zoning Compliance, referral received 3/23/2010
•
West Greeley Soil Conservation District, referral received 3/15/2010
•
Town of LaSalle, referral received 6/24/2010
The Department of Planning Services' staff has received responses without comments from the following
agencies:
•
Colorado Division of Wildlife, referral received 3/25/2010
•
Weld County School District RE-1, electronic mail referral received 3/13/2010
Referrals have not been received from the following Agencies:
• Colorado Department of Public Health
4
EXHIBIT
USR-1741 Checketts (Dairy) ' Page 1
“Sit nip
•
Colorado State University Extension
•
USDA-APHIS Veterinary Services
Central Weld County Water District
• ■
. Weld County Sheriff's Office
•
LaSalle Fire Protection District
•
•
USR-1741 — Checketts (Dairy) Page 2
(f _\ SPECIAL REVIEW PERMITREVIEW
• S \1 ADMINISTRATIVE REVIEW
COLORADO
Planner: C. Gathman
Case Number: USR-1741 Hearing Date: June 1, 2010
Applicant: Roswell & Kerry Checketts, 21506 County Road 43, LaSalle, CO. 80615
Applicant's
Representative: Tim Naylor, AGPROfessionals LLC, 3450 Highway 66, Longmont, CO 80504
Request: A Site Specific Development Plan and 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 Description: Lots A& B of Recorded Exemption RE-3556; Located in the S2NW4 of Section 15,
Township 4 North, Range 65 West of the 6th P.M., Weld County, Colorado
Location: East of and adjacent to County Roads 43 and approximately'IA mile north of County
• Road 44
Size of Parcel: +/- 79.66 acres
Parcel Number: 1055 15 200067 & 1055 15 200066
Situs Address: 21506 County Road 43, LaSalle, CO 80645
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."
Sec. 22-4-190.a states: "Agricultural waste results from the raising of crops or animals,
including animal manures,that are returned to the soils as fertilizer or soil conditioners.
Improperly managed agricultural waste can impact public health. Agricultural waste must
• be managed and processed appropriately to protect human and environmental health."
USR-1741 - Checketts (Dairy) Page 3
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."
This use is a proposed expansion of an existing dairy on the property. There is not an
existing use by special permit on the site. The applicant is proposing to add additional
pens to the east of the existing. Dairies are agricultural related uses. The Department of
Planning Services is requiring a Landscape and Screening Plan and a Lighting Plan be
submitted to address the impacts from the expansion of 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 A(Agricultural)
Zone District. Section 23-3-40 B.16 of the Weld County Code provides for livestock
confinement operations as a Use by Special Review in the A (Agricultural)Zone District.
c. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses. The surrounding properties are all zoned agricultural.
The site is located in an agricultural area. The site is located within 1/4 mile of four(4) single
family residences to the west and south. Two (2) additional single family residences are
located to the north. The Latham View Estates PUD(4 total lots)is located approximately Y
mile to the north. The Department of Planning Services is requiring a Landscape and
Screening plan and a Lighting plan be submitted to address the impacts from the expansion
of this feedlot. The Department of Planning Services is also requiring that the applicant will be
required to adhere to specific Development Standards imposed by the County as well as
Confined Animal Feeding Operation (CAFO) regulations. This will ensure the facility is
operating in compliance with numerous conditions which would not be required for a facility
operating as a use-by-right.
• 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 proposed facility expansion is located within the three-mile referral area of
the Town of LaSalle but not within the urban growth boundary of the Town of LaSalle as
delineated in the LaSalle/Weld County Coordinated Planning Agreement(adopted by Weld
County and codified under Chapter 19, Article XI of the Weld County Code). The site is
located approximately 1.25 miles southeast of the urban growth boundary for the Town of
LaSalle.
The Town of LaSalle, in their referral response dated June 24, 2010, indicated that the dairy
expansion could lessen the desirability for estate residential development in the primary and
secondary growth boundaries for the Town of La Salle. Additionally, concerns were
expressed that it may be difficult to determine if odor nuisances... are caused by this
operation given the number of feedlots/dairies within a two-mile radius of this site. It was also
mentioned that this dairy expansion could impact the Town of LaSalle Transportation Plan
which is expected to be completed in July. The Town of LaSalle encourages that the county
require deadlines for the applicant to demonstrate that conditions of approval for this USR
have been addressed.
The Department of Planning Services is requiring conditions of approval (a landscape and
screening plan and lighting plan along with CAFO conditions and development standards)to
address compatibility with existing and future development of the surrounding area. The
Department of Planning Services is requiring, should this be approved, that conditions of
approval be addressed and the plat be submitted for recording no later than 60 days after the
• Board of County Commissioners hearing. Should the conditions of approval and plat not be
completed within 60 days, then this case will proceed through the violation process.
USR-1741 - Checketts (Dairy) Page 4
e. Section 23-2-220.A.5--The application complies with Section 23-5 of the Weld County Code.
• The proposed facility does not lie within the boundaries of any overlay district.
Effective January 1, 2003, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11)
Effective August 1, 2005, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40)
f. Section 23-2-220.A.6--The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use.The proposed Use by Special
Review will be located on that part of the property considered"Prime(Irrigated)"according to
the U.S.D.A. Soil Conservation Map, dated 1979. The use of the land will remain in an
agricultural related use.
g. Section 23-2-220.A.7 -- 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 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 met with the applicant's representative on April 20, 2010 to discuss the
referrals received. Staff recommended that the applicant hold a community meeting with adjacent property
owners. The applicant's representative indicated that the applicant has had discussions with some of the
neighboring property owners. The Conditions of Approval outlined below are the remaining items that still need
• to be addressed.
There is a zoning violation (ZCV09-00247) 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 was heard in front of the Board of County Commissioners through a violation hearing on December 8,
2009 and legal action was delayed until February 8, 2010 to allow the applicant additional time to submit a Use
by Special Review Permit application. A complete application was submitted on January 27, 2010. This
application, if approved, will correct the zoning violation. If for any reason, this application is denied, the
violation case will proceed accordingly through a violation hearing and possibly district court.
The Department of Planning Services' staff recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR-1741. (Department of Planning Services)
2) The plat shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
3) Oil and Gas drilling windows (if no surface use agreement or memorandum of
understanding is reached) locations specified under Colorado Oil and Gas
Commission regulations. (Department of Planning Services)
4) County Road 43 is a collector road,which requires a 80-foot right-of-way at full build
out There is presently 60-feet of right-of-way. A total of 40-feet from the centerline of
• County Road 43 shall be designated as future road right-of-way for County Road 43.
The applicant shall verify the existing right-of-way and the documents creating the
USR-1741 — Checketts (Dairy) Page 3
right-of-way shall be noted on the plat. All setbacks shall be measured from the
•
edge of future county road right-of-way. (Department of Public Works)
5) Please provide tracking control at the main and secondary accesses to prevent
tracking mud onto CR 43. Show and label the tracking control on the plat.
(Department of Public Works)
6) The existing access, circulation and gravel driveway shall be graded and drained to
provide an all-weather access to the facility. (Department of Public Works)
7) The approved Landscape and Screening Plan. (Department of Planning Services)
8) Location of proposed lighting as outlined in the approved Lighting Plan. (Department
of Planning Services)
B. The applicant shall either submit to the Weld County Department of Planning Services a copy
of an agreement with the properties mineral owners/operators stipulating that the oil and gas
activities have adequately been incorporated into the design of the site or show evidence that
an adequate attempt has been made to mitigate the concerns of the mineral owners. 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)
C. A Lighting Plan, including cut sheets of the intended lights, shall be provided to the
Department of Planning Services for review and approval. The Lighting Plan shall adhere to
the lighting standards, in accordance with Section 23-3-360.F and Section 23-2-250.D of the
Weld County Code. Lighting shall be shielded and downcast. Further, the approved Lighting
Plan shall be delineated on the plat. (Department of Planning Services)
•
D. The applicant shall address the concerns and requirements of the Weld County Department
of Public Works as outlined in their referral dated 10/27/2009. Written evidence that these
concerns have been addressed shall be submitted to the Department of Planning Services.
(Department of Planning Services)
E. Building permits shall be obtained for all existing structures on the property that have not
been permitted for which permits were required. (Department of Building Inspection)
F. Demonstrate that proposed open lot wastewater impoundments will meet the setbacks to
water wells and groundwater for new and expanded impoundments required by Colorado
Water Quality Control Commission Regulation Number 81 (6 CCR 1002-81), Section 81.8
(6)(a)&(b) and that the impoundment's liner(s) meet the seepage rate standards of
Section 81.8(2). Evidence of such shall be provided to the Departments of Public Health
and Environment and Planning Services. (Department of Public Health & Environment)
G. Provide evidence that the facility has been registered as a Confined Animal Feeding
Operation (CAFO)with the Colorado Department of Public Health & Environment. Written
evidence of such shall be provided to the Department of Public Health and Environment
and Planning Services. (Department of Public Health & Environment)
H. 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 Weld
County Department of Public Health and Environment policy and all applicable provisions
• of the Weld County Code pertaining to I.S.D.S. Written evidence of such shall be provided
to the Department of Planning Services. (Department of Public Health & Environment)
USR-1741 - Checketts (Dairy) Page 4
The applicant shall submit a Landscape Plan/Screening Plan to the Department of Planning
.
Services for review and approval. The applicant shall place "plant material" or other
acceptable screening material to mitigate the impacts of the facility from adjacent properties.
Further, the applicant shall adhere to all landscape requirements of Section 23-3-350.G.1 and
Section 23-3-350.G.2 of the Weld County Code. Upon approval, the Landscape and
Screening Plan shall be placed on the plat. (Department of Planning Services)
J. The applicant shall submit a Private Improvements Agreement according to policy regarding
collateral for improvements and post adequate collateral for landscaping and parking
improvements. The applicant shall submit to the Department of Planning Services an
itemized landscaping bid for review. The agreement and form of collateral shall be reviewed
by County Staff and accepted by the Board of County Commissioners prior to recording the
Use by Special Review plat. Or the applicant may submit evidence that all the work has been
completed and approved by the Department of Planning Services and the Department of
Public Works. (Department of Planning Services)
K. 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 Article VI,
Division II and Appendices C through E of the Weld County Code. (Department of Planning
Services)
L. The applicant shall attempt to address the recommendations/concerns of the Town of
LaSalle as stated in their referral response dated June 24, 2010. Written evidence of such
shall be provided to the Department of Planning Services. (Town of LaSalle)
2. 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 sixty (60) days from the date of the Board of
County Commissioners resolution. The applicant shall be responsible for paying the recording fee.
(Department of Planning Services)
3. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not
be recorded within the required sixty(60)days from the date the Administrative Review was signed a
$50.00 recording continuance charge may be added for each additional 3 month period. (Department
of Planning Services)
•
USR-1741 - Checketts (Dairy) Page 5
SITE SPECIFIC DEVELOPMENT PLAN
• SPECIAL REVIEW PERMIT
Roswell & Kerry Checketts
DEVELOPMENT STANDARDS
USR-1741
1. A Site Specific Development Plan and 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. (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. Equipment operations, trucks, farming activities and
maintenance activities, other than emergencies, will occur primarily during daylight hours.
(Department of Planning Services)
4. The total number of on-site employees shall be limited to seventeen (17). (Department of Planning
Services)
5. The facility shall operate in compliance with Colorado Water Quality Control Commission
Regulation Number 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 Water
Quality Control Commission Regulation Number 81 or by (CAFO) Colorado Discharge Permit
• issued in accordance with Regulation 61. (Department of Public Health & Environment)
7. 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)
8. Any land applications of manure and wastewater shall be made at agronomic rates using
practices and procedures, which are protective of ground and surface waters. Land applications
shall be in accordance with the facilities Manure and Wastewater Management Plan, Facility
Management Plan, or Nutrient Management Plan. There shall be no discharge from land
application areas except for agricultural stormwater. (Department of Public Health & Environment)
9. The facility shall be operated and maintained in a manner to prevent nuisance conditions and
operated in accordance with their current approved Management Plan for Nuisance Control.
(Department of Public Health & Environment)
10. 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 and Environment in the event that rodents (which can be determined to be
associated with the facility) are in such a number to be considered a nuisance condition.
(Department of Public Health & Environment)
11. 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 and Environment in the event that flies (which can be determined to
be associated with the facility) are in such a number to be considered a nuisance condition.
• Additional controls shall also be implemented in the event the Weld County Department of Public
Health and Environment receives a significant number of fly(associated with facility) complaints,
USR-1741 - Checketts (Dairy) Page 6
and in the judgment of the Weld County Health Officer, there exists a fly condition requiring
• abatement. (Department of Public Health & Environment)
12. The facility shall be operated in a manner to control odors. The facility shall be operated in
accordance with the approved Management Plan for Nuisance Control. 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)
13. The applicant shall remove, handle, and stockpile manure from the livestock area in a manner
that will prevent nuisance conditions. The manure piles shall not be allowed to exist or deteriorate
to a condition that facilitates excessive odors, flies, insect pests, or pollutant runoff. The surface
beneath the manure storage areas shall be of materials which are protective of State waters.
These areas shall be constructed to minimize seepage or percolation of manure contaminated
water. In no event shall the facility impact or degrade waters of the State in violation of Colorado
Water Quality Control Commission Regulation Number 81. (Department of Public Health &
Environment)
14. Any individual sewage disposal system (I.S.D.S.) on the property shall be permitted, installed,
maintained, and operated in compliance with Weld County I.S.D.S. Regulations. (Department of
Public Health & Environment)
15. 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)
16. 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)
17. 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)
18. The facility shall adhere to the maximum permissible noise levels allowed in the Light Industrial
Zone as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health &
Environment)
19. Adequate drinking water, hand washing, and toilet facilities shall be provided for employees and
patrons of the facility. (Department of Public Health & Environment)
20. If applicable, a stormwater discharge permit shall be obtained from the Colorado Department of
Public Health and Environment, Water Quality Control Division for construction activities.
(Department of Public Health & Environment)
21. The operation shall comply with all applicable rules and regulations of State and Federal agencies
and the Weld County Code. (Department of Public Health & Environment)
•
USR-1741 - Checketts (Dairy) Page 7
22. 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. (Department of Building Inspection)
23. 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. (Department of Building
Inspection)
24. All building plans shall be submitted to the LaSalle Fire Department for review and approval prior to
issue of building permits. (Department of Building Inspection)
25. 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)
27. 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)
28. The applicant shall utilize the existing accesses to the parcel. (Department of Public Works)
• 29. The existing access, circulation, and gravel driveway shall be graded and drained to provide an
all-weather access to the facility. (Department of Public Works)
30. The applicant shall adhere to the approved Landscape and Screening Plan. (Department of
Planning Services)
31. The applicant shall adhere to the approved Lighting Plan. (Department of Planning Services)
32. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to
the fee structure of the County Road Impact Program. (Ordinance 2002-11) (Department of Planning
Services)
33. Effective August 1, 2005, Building Permits issued on the proposed lots will be required to adhere to
the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee.
(Ordinance 2005-8 Section 5-8-40) (Department of Planning Services)
34. 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)
35. 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)
36. The property owner or operator shall be responsible for complying with the Livestock confinement
operations Operation Standards of Section 23-4-350 of the Weld County Code. (Department of
Planning Services)
•
USR-1741 - Checketts (Dairy) Page 8
37. Weld County personnel shall be granted access onto the property at any reasonable time in order to
ensure the activities carried out on the property comply with the Development Standards stated herein
and all applicable Weld County regulations. (Department of Planning Services)
38. 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)
39. 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)
•
•
USR-1741 - Checketts (Dairy) Page 9
• Q DEPARTMENT OF PLANNING SERVI1555 N 17th AVE
GREELEY, CO 80631
PHONE: (970) 35370) Ext. 3540
FAX:: (9(970)3044-6498
COLORADO
May 11, 2010
Roswell&Kerry Checketts
do Tim Naylor
AGPROfessionals, LLC
4350 Hwy 66
Longmont CO 80504
Subject: USR-1741-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 on a parcel of land
described as Lots A&B of RE-3556; located in Part of the S2 NW4 of Section 15, T4N, R65W of the 6th P.M., Weld
•
County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on June 1, 2010, at 1:30 p.m. This meeting
will take place in the Weld County Planning Department Hearing Room, 918 10l" Street, Greeley, Colorado. A
subsequent hearing will be held on June 23, 2010 at 10:00 a.m., in the Chambers of the Board of County
Commissioners, Weld County Centennial Center, 915 10th Street, First Floor, 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.co.weld.eo•us/departments/planning/Plann inq/plan current
If you have any questions concerning this matter, please call.
Respectfully,
Digitally signed by Kristine Ranslem
• Reason:I am the author plans document
(/t Location,1555 N 17th Ave
L Date:301O05.1108'44:37 M'00'
Chris Gathman
Planner
• PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE
THE LAST DAY TO POST THE SIGN IS May 22, 2010. THE SIGN SHALL BE POSTED
ADJACENT TO AND VISIBLE FROM A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY. IN
THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT
ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT
OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON
THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY
(ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY.
I, CHRIS GATHMAN, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN
WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE PLANNING
COMMISSIONERS HEARING FOR USR-1741 IN THE A (AGRICULTURAL) ZONE DISTRICT.
CHRIS GATHMAN
Name of Person Posting Sign
• duebo
Signature of Person Posting Sign
STATE OF COLORADO
ss.
COUNTY OF WELD
The foregoing instrument was subscribed and sworn to me this 1 day of `t( r_p , 2010.
WITNESS my hand and official seal.
N tart' Publicq tr.\
My Commission Expires: I 0-1(4-t
• EXHIBIT
'4 —Pi
I -.4. .. , 40444 4.. ..... 4
, , ... . t _ te. ,
r t 1 i . , s r. -. it 11- 4,^
0 . 146 .
, ills
1 _ - s , it , i NIA * lir?'
I +:i
1 --W. t• ' •
`n 41 r
%Z It.. - 41" p cs _ .
. _ ,
. ... . . .,
,.. .
..„...„Co WCk k -)p-L i ci; _ , . 1, 0) 0
(sal
(..) p i a , . ,... ..: 4 • , po.
41:3 O (in
C aumaan U a \i 5 to 1/2;-11 lir A
II-
G rt. _ .4. in , -'if .., .., 41
L. = v w 1/49 0 _ Po o ,�
. a..
ia) y- v E 2 J z v U 0 1 _ ...,:r
n1 n Jth W 1A C -O O sa)
IC) } ui 0 , v) ,„,,, ...,
........_ , • • . , ,
t
_ xva_ �a
U 0 Q1 g ,- U
,
Y
C >IC ° so' IICA gig.1,1'ow: .
CO C‘ Cl. +a
Lip
0 i
U.0 4N.1 . OQ. � � — \'''L a
,., , T Z �4
0OW v1a. 1 w en' et a) a)amCD %Ma' H ,..,n a. C�
_ i 2 F. \
�4:Oa :i
{ A
✓ Z LLpj 0- • •
r, -4k( sow CD
C N
IC (t)
(...) a)
, (0
43,t.
it
Ills C
d _ be • are
!, - .- -7 .. •
!. et00
s '
. � it •.
. /At _ - .S. vs.
• 4 1a
40.
T • i
' = f '1 air. •. R
2 dirt
j `1 '. tiliktia or
oligkiilLii1 1 . I � r ,
i ,..4Ic
` e 1.,
fme
-i !, r'I, :L •- . iii . i ,.:r 4
, , , 1 ,
. ,r,, d,•
8, _ ,. •
,i t I ,
• - r • 1, .'I, .
,
Md 'l /,7• ..arc: •1,n t r, ,• a ' ,
.• r
,
,. J, 'ty'', r .i 1 '` 1 !',1
0).,4,•54.• i • r ♦ A
' • -e j. -- ...• .al;er I I •)e,/1 ' .% .1 I t • 9 - • 4 •
•
• i • i 1 1
cs )> - {sit'' , ��
' • / • E 1'
. .
• • ,i r t` .
f 1t e 4 ; 1
if.
« I 1 1 • .
1 \ )!
�i t7. t,
fiesirmir • . r
1
J r k. . • � .
•
' f 1 • •--h , ,
ti-. i
•
t.
3 _ 4t 4�, •,, I 0
QQ .'
J I 1
S
.
\ • . •
•• \1
`-�►
.�1 t
1 r "
4 • .
tit .
•
E
•
• h
1 i
_ . ,, ,
. ;It:1.
•w
- ,. ]]
11 1' ,
Y
1 i. .
,.
- - _ s 1I.
- i
1
r s
- t 41,5.
ir . \• ,
! 1 I
•
• {{• R '
7 1
it .1
t A
1."
, •1 •
h 1 I
1
Jou
rr
II
I
•
■ i -,
1
J
•
r
, y
I. {
'
• � I �
1 f
1
•
wr
I I
rI
•
1 M . I'
I
ii
i y
I f1
..
'
1,S
II Ir -
I I 1
-'I I
I
I ,
}
I
II
•
as ii. % fie. '•+ y4:; .
ilet i - . •. . -. ,r, ta. 1,...,i 4.
li Ili
a i -, 7 .1 1:,..1/41#far-417.?ti.,....4114.4/it t
• .4rit-544,iike ;Ill If
',` ? �aii• • 5 y y'
• "s 1. Sr i vi f ! d1 '
•
I ,' :
is
I �•
r
. r
r t »
C,Illkik _ �- - mall•-! I { Via a » �,
`�. � 1.f ..i• •V le.-:
ik
4 NT
ill 7 I , . i• 4., , , 1, _L-
1' � ` ,( 1 1 H
V ,11' �� � t ,-� ! • '-
1r r� ! J ('1,11,7 r ,ir if-.I ti's' / I•1'�1 ,f ,,, •• ; +�_
P `' '' f, • mot i-�•I'llA lir , 4 , i ti.t
, 1%ri' si1
NC 4v
....._ ::I A . , . • ^ .
,„,,, I , ?4vy 4ll } "...,
ts i
�.I +:
i I .
1 • ( S{ �1.�. M it
if 1T • •
N
It.\ / l k
Dike b . ' . .
•
'I
•, 1
i ' I .
4 I. ,
t,'
' : f 1 •
j • ..
- 1 - ,
I Y•Vii ' i ,I i { .4 , y
'I r•I , •.- l Y 1
I l• •
I
• i. • ,
f
e. 1
L
-,
I
1 II
—
�1. '
•
'
rti
r • .) . ..
W
It
(; Y
.
t
i
( Vs .
S'' Y '''•
MI I
C 1 . ✓
I I
l ,.
'•� _� .� Tl ' fir.',, • '1- .1. II ,
I
• ,.r . ill IK .,, ' L,I _ _ _ - '
r ti
I
r ,. t • ,y tri04 4
A 1 r ';�`"
$ :cIlk
r I .. 'J • r I 13r . 1•
, f '. .
Ie` J ' 01 - v.' • Y
1 1 i .' y: u• '
It. r, r
' is •
„
I ,1
II a
+„ 'J ,� -
ill
f` • C
Y
? ' tirr" 1,r 1 • r' • 3►`t
•
rul1 'Y� - } t �7. •. '4 .' -an`: .. ,L 4+' r.. ; ._t• 1 '•
rl� •.•� 1..a. t .k� ✓7•• .• J , , ..
1-e ,• tr.?. l tf t_1. 9 ,f st'. • '• .i.e., 'I,,♦'I' .•'1f /� . f, , �/� i , T
II
. T :f,r1 •1. t 1 ., ! . ,� / , '!1 L• , it. - ' 4. • -' ii:r tta '
- •. t 4 .. •y: : , r J 1-.71{• • '' •1. ii :' I' •, �. �.'�. r 1. * , i _ i / f•
•
•
1 lh
Y�1 .I . In; - r.t , J f� l'. t t ` .. r 1, � ri .` �. ,R . r ! ?� I rf•t.'' t •
d ,` •ti�' r' � era � q I; N•� ; \•�� JS�•11t •�4Y`tY� �. r. ► • 1 �Lei 1 • t iS , St *L ' j r l li• ' C•• 2 a •
I r , •• •� •1 t• ,VI:• �' J�S , �' r • . •-•. .4. ri r HIr. i . . •t- / , Y' 1. •
, .i
1 • i � LYr '• 5✓t- - • Ili•�, err • -4.tie �. • _1F . L r iite.;,f• 1 • it ,. ,' • G' ,' r L ,. '
I.I. • i •' f.C_rJ .' r, I e,' �.I 'i .. t ,1 ••
lira -Cc )�•g''- .J rs , . +i ►Y• .•,f.e/'i At,. r. > 2 • J .,' • . -fi ' . , : ; �I , , -•P „ J 1 ` ,r
L • / •r J I 1, 4I
•sitI 4„,ett! Y I 40::Fel ditt.is ' .4tr• '''. *1 Oil 41.171).Y • sit` 1;‘. iitiiiiiva 6 4 i ,i,
peg' If
•
it 1 •f', ( '',/ T ' 'F 4.
• j { . �lrf�i� . , . •1 ,../r . t / ,. .� • � �. ; • II.iii. i Iti, 4 ,
/�.)���•`of
'• >i /' • • yy • t �11� ` I L• '�' •1
Pr
••��•/� ,• J!_ � .•Al i •,T. _Z a.JJ-4 - .e' J 1 ' I��' * t r 4
- lr:. . �f' .rte � r .; . C ;� '. ' 4. •
s' r
/ •
• �,:•
n
•
•
4"flef"ir - ilk VI
ith
• _ _ f').\ .� 'v ` 1 �i '���r 1. nr, •
•
•I • • H • ► :a 6.-1,;.. .. l• •Illsi(.T'v�•1ki ): yIt
/>
T�! .....4( •••
- yl' • I
,. I0*N }I• A• I'
t • I1
444 ,4
•
Iii '�'� w
• 1 1 ' •
• ' •rat b r/f ej!l - • C♦ c;
' 'fr: ' . 4 .4, -.. - f. t lilt , ;t:9 . 1,
FF - i•y l , j ~'.1/ty~41 yt,•••`" •1 .` /W/-!• V
♦ _ + ,•� 1 • t. Ua
4�.• ,' • ♦• • •" ♦.Jl;'8 1 w' ''t: j •SrJ:a' a; • � i41 _ �• lMlf .. + :, •
... . ' [,
elit it
1 7- •
r .. ,� ri � ?�• ' =1"l c r - -
* . ') ryr�l + A l \v CIS • a I 0
it r; ) • • I 1
•
•
l4 1 ' •� . iitzt
I'
I
�yy]]
I ll' •
.1 • , 1 , if
:. _.y
4.
j .'v1.Y ., -t
r t !!'t,1�4. 1
}1 a i{•a• ''1+` ` .r
) 11 •. fk 1 _C
I l 1 • i • `� .
4 ; •
L „ '•T
TI
.L ,•{•.y •L •1a •
\ .rr,= • y 1-;,
1 •' •y :1 \ 4
•
•
il
4 l; • 1
t1
1
I •
• 1 .
' l 1
•
• •1 1 .1 , _
• •
4 ni
1 1 . •i "1111111"1"1"OH
!!e*ni ipsominsismonsionsi-- ti_ )���
—
as , t a 1, t r' . - Ih,
rte ,
▪ • ; ' 'i,i: ' •
r *i_ - ▪.if' ft•J' A.S � ti
{ LA. •�, ll)r ,, • : 'rte �` t ' r t g7l
.1 J 154 „I ht WIt ,t, n : r i 4;
�r i 1k3• `'r -� '
-. r i 1 1 • , •
n ` ! 1 V'
cj• , ^ , 1 i4 a
, 1
11‘1., I
1 t 1— -,. i -. it •
�,.
- •
k2— -. 7
lilt il
` t
.., . %74:1:144:4:1(tell::illtli 1 d %t 4(7. 4.4: * 1 14fri
•
`1
t'1 I ' . _ i t
ll
' ..t,1" _ , .ili 061 ".y-_ Air • lQ '
tr • :
III Li a. t 1
JP
r ,
b St
III
I, 1 1 .
i t�' t - t�
•
t T V tie:, •
4 .
„ ' 1-
I!
' if l i. . ` i• :.j 1 ,
i ,:1, A 014 7
I t
e r 4'
d
i.
i.e.' :Iiii: 1
41
ii
Ii,..
t 'Y
t
_ 1Y1
H
a
r I 1
1 /
• FIELD CHECK inspection dates: 6/25/2010
APPLICANT: Roswell & Kerry Checketts CASE #: USR-1741
REQUEST: A Site Specific Development Plan and 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: Lots A& B of Recorded Exemption RE-3556; Located in the S2NW4 of Section 15,
Township 4 North, Range 65 West of the 6th P.M., Weld County, Colorado
LOCATION: East of and adjacent to County Roads 43 and approximately % mile north of County Road
44
PARCEL ID #: 1055 15 200067 & 1055 15 200066 ACRES: +/- 80 acres
Zoning Land Use
N A N Ag/5-lot PUD 'Y4-1/2 mile to the north
E A E Ag
S A S Ag/residence immediately adjacent
W A W Ag/Rural residential
•
COMMENTS:
Existing dairy facility is onsite. Site slopes from the west to the east.
is
Chris Gathman - Planner Ill
•
a DEPARTMENT OF PLANNING SERVICES
• 918 10 TH S
GREELEY, CO 80631631 PHONE: (970) 353-6100, Ext. 3540
111kFAX: (970) 304-6498
COLORADO
July 14, 2010
Roswell & Kerry Checketts
c/o Tim Naylor
AGPROfessionals, LLC
4350 Hwy 66
Longmont CO 80504
Subject: USR-1741 - Request for 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 on a parcel of
land described as 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.
• Dear Applicants:
Your application and related materials for the request described above are being processed. I will
schedule a meeting with you to discuss the referrals after we have received them.
Once the concerns and requirements of the referral agencies have been met or the applicant has shown
an attempt to meet their concerns and requirements, a Planning Commission Hearing will be scheduled.
If you have any questions concerning this application, please call.
Respectfully,
av:a
Chris Gathman
Planner
•
• •
Kristine Ranslem
ilom: Kristine Ranslem
nt: Tuesday, March 09, 2010 2:51 PM
o: 'Bill Hall'
Subject: USR-1741 Field Inspection
Attachments: usr1741.docx
We have just received a case (USR-1741) in which we ask that you review the material and send a referral to
us by April 9, 2010. The following is a quick link to the case in question:
http://www.co.weld.co.us/departments/Planning/PlanningDepartment/index.html#1741
Attached is the field inspection sheet. If you have any problems or have any questions, please don't hesitate
to contact me at the number below. Thank you!
KyistLwe tzawsi.evv.
Planning Technician
Weld County Planning Services
918 10 Street, Greeley CO 80631
970-353-6100 ext. 3519
•
•
1
• •
Kristine Ranslem
Ooom: Kristine Ranslem
nt: Tuesday, March 09, 2010 2:48 PM
: 'Tim Naylor'
Subject: USR-1741
Attachments: usr1741.pdf
Please see the attached letter
K.Yistbwe RGlwsLew..
Planning Technician
Weld County Planning Services
918 10 Street, Greeley CO 80631
970-353-6100 ext. 3519
•
•
1
Chris Gathman
om: Tim Naylor[tnaylor@agpros.com]
nt: Tuesday, March 09, 2010 8:30 AM
o: Chris Gathman
Subject: RE: Checketts Question
Chris
Sorry, I did not catch the discrepancy. The Checketts are requesting a
total of 1400 head not 1900 hd. I can change the application for you if
you would like.
Thanks
Tim
Original Message
From: Chris Gathman [mailto:cgathman@co.weld.co.us]
Sent: Tuesday, March 09, 2010 8:09 AM
To: Tim Naylor
Subject: Checketts Question
Tim,
The Checketts application states up to 1,900 animals but the
questionnaire states up to 1400 head. What is the overall #. Is the 1400
head referring to Dairy Cows?
Sanks,
Chris Gathman
Planner III
Weld County Department of Planning Services
918 10th Street, Greeley, CO. 80634
Ph: (970)353-6100 ext. 3537
Fax: (970)304-6498
•
1
Chris Gathman
rom: Troy Swain
nt: Friday, February 26, 2010 3:59 PM
Tim Naylor
Cc: Chris Gathman; Travis Hertneky
Subject: RE: Checketts/Marcellina Dairy completeness review
AgPro has provided the information requested in Environmental Health Services' 7 Day
Completeness Review comments regarding Marcellina Dairy. All comments were addressed by the
submittal of additional information, which will be included in the USR application and/or
will be completely addressed by conditioning the USR.
Troy E. Swain
Environmental Health Specialist
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)
Original Message
From: Tim Naylor [mailto:tnaylor@agpros.com]
illint: Friday, February 26, 2010 3:36 PM
: Troy Swain
Cc: Chris Gathman; Tom Haren; Travis Hertneky; roswelldairy@what-wire.com
Subject: RE: Checketts/Marcellina Dairy completeness review
Troy
An I.S.D.S. evaluation and inspection of the individual sewage disposal
system for the dairy parlor will be performed by a registered
professional engineer. The review shall consist of observation of the
system and a technical review describing the systems ability to handle
the proposed hydraulic load as described in the Weld County policy and
procedure manual. In the event that the system is found to be
inadequately sized or constructed it will be brought into compliance
with current regulations.
I have attached the site plan with the boring locations and the proposed
location of the waste water pond.
Please let me know if there is any further information you will need.
Thanks
Tim
•---Original Message
From: Troy Swain [mailto:tswain@co.weld.co.us]
Sent: Tuesday, February 23, 2010 2:21 PM
1
To: Tim Naylor • •
Cc: Chris Gathman; Lauren Light
Subject: RE: Checketts/Marcellina Dairy completeness review
•m: We need a statement regarding the applicants plans for the septic
system which will serve 14 employees and the parlor (bathroom, shower,
sink). The soil boring information you provided does not include the
location of the borings. Can you map the boring locations in relation
to the facilities planned improvements? Where are the borings in
relation to the proposed impoundment?
Troy E. Swain
Environmental Health Specialist
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)
Original Message
From: Tim Naylor [mailto:tnaylor@agpros.com]
Sent: Tuesday, February 23, 2010 1:43 PM
To: Troy Swain
Cc: Chris Gathman; Travis Hertneky; Tom Haren;
roswelldairy@what-wire.com
Subject: Checketts/Marcellina Dairy completeness review
•oy
Below are my responses to the comments you provided in the completeness
review. I have provided the redline documents that show the updates per
your concerns and will provide the final documents with the application
upon your agreement with the changes. As we discussed the final waste
system design will be provided in the next phase of the project. I did
speak with Travis and we were correct in that the system is not being
designed to pool or pond water and will drain naturally to the
impoundment. If you have any further questions as to the basic design
Travis Hertneky or I are available to answer any questions.
Thanks
Tim Naylor
• Original Message
2
From: Troy Swain • •
Sent: Tuesday, February 09, 2010 10:07 AM
•: Chris Gathman
Cc: Lauren Light
Subject: Health Department comments 7-day completeness review for
Marcellina Dairy
The Weld County Department of Public Health & Environment has reviewed
the Marcellina Dairy materials for completeness and offers the following
comments:
How will the milk parlor wash wastes be conveyed to the settling basin
and impoundment system proposed on the east side of the property?
Please provide information and design details in your USR Application to
ensure the conveyance is of the proper pipe size, slope, flow, and is
provided with any necessary cleanouts.
The following change has been made to the Preliminary Waste System
*sign
The facility currently has a 6" PVC pipeline that runs from a reception
drain at the east end of the parlor to the pond location at an
approximate 1.75% to 2% slope. This pipeline conveys process water only
from the cleaning operations in the parlor. This existing pipeline is
estimated to safely convey approximately 1 CFS which is in excess of the
expected flow generated from the parlor. The greatest flow expected
will be when the flush tanks are dumped to clean the cow deck. This
intermittent high flow will flush the pipeline clean with its
approximate 2% slope and relatively high velocity of 5.6 ft/sec. The
pipeline runs within the surface drainage area and thus any potential
failure of the pipeline will not cause a fault or spill offsite.
The plans provided include a transfer pipe to take the open lot
wastewater from the corrals to the sediment basin. The transfer pipe
will need to be designed to adequately capture and convey run-off from
the corrals during storm events. What design measures will be taken to
ensure the pipe doesn't plug or backup during a storm event? Will an
inlet structure be included in the design of the transfer pipe? There
should be no ponding at the transfer pipe inlet or inlet structure
illnless any expected ponding volumes (due to flow rate limitations) are
a lined area of conveyance or an impoundment. Note: CDPHE
Environmental Agriculture Program plans to change the policy commonly
referred to as the "48-hour rule" for pooling effluent. Please provide
3
the design details for the posed transfer pipe conveyance sm in
the USR Application.
.e following change has been made to the Preliminary Waste System
Design
The site naturally slopes to the east towards the proposed pond
location. A natural ridge is located at the east end of the corral area
where oilfield pipelines are buried. A diversion berm will be
constructed along the north edge of the corrals which will impound water
and provide an elevated surface for the proposed access road. This berm
will contain water and prevent it from running naturally to the north.
A two stage conveyance will be installed to convey all flows from this
impounded area to the sediment basin. The first stage will be a culvert
drain installed in the lowest point that will convey all normal small
flows from snowmelt and rainfall events to the pond system. An earthen
spillway channel will be constructed to safely convey flows from large
storm events to the sediment basin. Preliminary sizing shows that a
maximum expected runoff from the corral area during a 25yr-24hr storm
event is 56 CFS.
Preliminary sizing shows that an 8 in PVC pipe installed in the lowest
ocation and under the gas pipelines to the sediment basin will flow
proximately 1.8 CFS before it begins flowing over the weir section. A
Oft wide by 2ft deep broad crested weir will flow approximately 200
CFS. This 2 stage system will easily convey all expected flows from a
25yr-24hr storm event to the wastewater ponds. The pipeline inlet will
include some sort of screening such as an agri-drain inlet. This inlet
type is ideal for this type of application as it allows for flow even as
foreign material accumulates on the screen.
Spill protection will be installed in all sediment basin/pond inlets to
ensure that the flow of water into the pond does not erode and
compromise the integrity of the pond liner.
On page 4 of the Preliminary Wastewater System Design, groundwater is
described as not being a design concern based on subsurface exploration
(bores) and your proposed impoundment depth. Please provide the
details, such as bore locations and water elevations/depth with your USR
,plication.
4
Borings and subsequent readi of piezometers indicate that s•ow
groundwater is not a concern. The trip reports from these
investigations have been added to the Preliminary Waste System Design
itiport. See attached mark-up.
Regarding #5.i. of the USR Questionnaire: Septic system information was
provided for the 2-bedroom home on the west of the property and the
3-bedroom home on the east. No septic information for sanitary wastes
from the milk parlor was provided or exists in this Department's files.
Where are the sanitary wastes from the milk parlor (if any fixtures such
as sink, shower, toilet) disposed of now? Where are the restroom
facilities for the 14 employees? A new commercial septic system will
need to be installed or an engineered evaluation will need to be
conducted for any planned home/office conversion and/or conversion of
use of any existing systems. Please include what your specific plans
are in the USR Application.
The sanitary sewer system may need to be upgraded in order to adequately
handle the employees for the proposed conditions. We request that this
be added as a condition of approval, that an adequate permitted sanitary
system be developed or documented prior to recording the plat.
•
Regarding #10. on the USR Questionnaire relating to mortality disposal,
the Department will request Marcellina Dairy to maintain records of
mortality removal and proper disposal to a rendering company. The
commitment to maintain records for mortality disposal may be included in
the Management Plan for Nuisance Control. Rationale for request: The
Department received and confirmed a June 2009 complaint (Complaint
C00800614) that Mr. Roswell Checketts was disposing of dead cows from
the Marcellina Dairy on the ground in a treed area SW of the Speer Canal
(52 of SW4 of Sec. 28, T4N, R65W.), owned by him and located
approximately 3 mi. to the SSW of the dairy.
All mortalities are currently being handled by a rendering company. The
Nuisance Management Plan was amended to include mortality disposal and
recordkeeping. See attached Nuisance Management Plan.
The Department is available to discuss the above comments with the
applicant and some information may be conditioned in the USR depending
the results of these discussions.
5
Troy E. Swain II •
Environmental Health Specialist
•ld 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)
•
•
6
•
Chris Gathman
oo:m: Chris Gathman
t: Wednesday, February 10, 2010 7:04 AM
'Tim Naylor'
Cc: Troy Swain; Donald Carroll; Clayton D. Kimmi; Kenneth Swanson
Subject: Marcellina Dairy (PA09-126) completeness review comments
Attachments: Checketts-Marcellina Dairy USR PA09-126 Pre-Submittal Letter 0210.doc; PA09-126
MarcellinaDairy PW referral.docx; 062409397.jpg; 062409398.jpg
Tim,
Here are the completeness review comments and attachments. Let me know if you have any
questions.
Sincerely,
Chris Gathman
Planner III
Weld County Department of Planning Services
918 10th Street, Greeley, CO. 80634
Ph: (970)353-6100 ext. 3537
Fax: (970)304-6498
•
•
1
Chris Gathman
m; Troy Swain
Tuesday, February 09, 2010 10:07 AM
p; Chris Gathman
Cc: Lauren Light
Subject: Health Department comments 7-day completeness review for Marcellina Dairy
The Weld County Department of Public Health & Environment has reviewed the Marcellina Dairy
materials for completeness and offers the following comments:
How will the milk parlor wash wastes be conveyed to the settling basin and impoundment system
proposed on the east side of the property? Please provide information and design details in
your USR Application to ensure the conveyance is of the proper pipe size, slope, flow, and is
provided with any necessary cleanouts.
The plans provided include a transfer pipe to take the open lot wastewater from the corrals
to the sediment basin. The transfer pipe will need to be designed to adequately capture and
convey run-off from the corrals during storm events. What design measures will be taken to
ensure the pipe doesn't plug or backup during a storm event? Will an inlet structure be
included in the design of the transfer pipe? There should be no ponding at the transfer pipe
inlet or inlet structure unless any expected ponding volumes (due to flow rate limitations)
are in a lined area of conveyance or an impoundment. Note: CDPHE Environmental Agriculture
Program plans to change the policy commonly referred to as the "48-hour rule" for pooling
effluent. Please provide the design details for the proposed transfer pipe conveyance system
in the USR Application.
apage 4 of the Preliminary Wastewater System Design, groundwater is described as not being
design concern based on subsurface exploration (bores) and your proposed impoundment depth.
Please provide the details, such as bore locations and water elevations/depth with your USR
Application.
Regarding #5.i. of the USR Questionnaire: Septic system information was provided for the 2-
bedroom home on the west of the property and the 3-bedroom home on the east. No septic
information for sanitary wastes from the milk parlor was provided or exists in this
Department's files. Where are the sanitary wastes from the milk parlor (if any fixtures such
as sink, shower, toilet) disposed of now? Where are the restroom facilities for the 14
employees? A new commercial septic system will need to be installed or an engineered
evaluation will need to be conducted for any planned home/office conversion and/or conversion
of use of any existing systems. Please include what your specific plans are in the USR
Application.
Regarding #10. on the USR Questionnaire relating to mortality disposal, the Department will
request Marcellina Dairy to maintain records of mortality removal and proper disposal to a
rendering company. The commitment to maintain records for mortality disposal may be included
in the Management Plan for Nuisance Control. Rationale for request: The Department received
and confirmed a June 2009 complaint (Complaint C00800614) that Mr. Roswell Checketts was
disposing of dead cows from the Marcellina Dairy on the ground in a treed area SW of the
Speer Canal (52 of SW4 of Sec. 28, T4N, R65W.), owned by him and located approximately 3 mi.
to the SSW of the dairy.
The Department is available to discuss the above comments with the applicant and some
flipformation may be conditioned in the USR depending on the results of these discussions.
Troy E. Swain
Environmental Health Specialist
1
•
rst;;I: DEPARTMENT OF PLANNING SERVICES
Greeley Planning Office
918 Tenth Street
Greeley, Colorado 80631
WEBSITE: www.co.weld.co.us
E-MAIliD�. HONE ( cgat3m -6100, EXT.3537
WPHONE (970) 3FAX 7 EXT. 3537
FAX (970) 304-6498
COLORADO
February 9, 2010
Subject: Pre-Submittal Review for a Use by Special Review Permit for a 1,400 head Dairy in the
A(Agricultural) Zone District.
Roswell & Kerry Checketts
21506 County Road 43
LaSalle, CO. 80645
CIO Tim Naylor—AGPROfessionals, LLC
4350 Highway 66, Longmont, CO. 80504
• Dear Mr. Naylor:
The following completeness review notes are provided as a courtesy to the applicant. While we strive
to identify significant issues, the following notes may not identify all issues, even major ones that
may be raised during the formal review of your application. The information contained herein has
been placed on file with the Department of Planning Services. Please submit a copy of this form when
you submit a formal Land Use Application. If you have any questions regarding the process and/or
application please call Chris Gathman at 970-353-6100 extension 3537, or email at
cgathman@co.weld.co.us
REVIEW:
After the completeness review process, please submit your formal Land Use Application to the
Department of Planning Services.
Be sure all items on the submittal checklist are submitted in addition to the items
outlined in the pre-application meeting and completeness review. An incomplete Land
Use Application submittal will not be accepted. Staff requires that the applicant
submit the information requested below
•
• •
The Departments of Public Health and Environment, Public Works, Building Inspection and Planning are
in receipt of the pre-application packets received January 26, 2010. Departmental staff has completed
their review and offer the following comments. Please address these:
Environmental Health
The following information shall be provided/addressed per the Weld County Department of Health —
Environmental Health Division:
1). See attached e-mail dated 2/9/2010 from Troy Swain— Department of Public Health &
Environment.
Planning
The following information shall be provided/addressed per the Department of Planning Services:
The Application is substantially complete per the Planning Department. Conditions of approval
and submittal requirements (prior to recording, prior to release of grading/buildings permits)
will be determined at the time of application review. Please note that, in addition to conditions
of approval/submittal requirements that will come out of the review of this application, the
Department of Planning Services requests the following information for dairy facilities and will
(at a minimum) be requesting these items for this application:
• Lighting Plan (showing existing and proposed lighting).
• Sign Plan (showing size and location of existing/and or proposed signs.
• Public Works
The following information shall be provided/addressed per the Department of Public Works:
1). See attached memorandum from Don Carroll & Clay Kimmi, Weld County Public Works dated
February 8, 2010. No additional information is required to be submitted to Public Works for initial
application review.
Building Inspection
1). See attached comments from the Department of Building Inspection: This site is currently under a
building violation. Per the Department of Building Inspection: Permits are required for all
structures built(or to be built)or structures that have to be remodeled and/or added on to which
have not been permitted. This applies to any existing or new buildings.
Feel free to contact me if you have any questions re: this letter.
Sincerely,
Chris Gathman
Planner III
ec: T.Swain,Environmental Health
D.Carroll,Public Works
C.Kimmi,Public Works
• File: Pre-Application Checketts—Marcellina Dairy—PA09-126
•
MEMORANDUM
viipes TO: Chris Gathman, Planning Services DATE: February 8, 2010
FROM: Donald Carroll, Engineer Administrator
COLORADO Clay Kimmi, P.E., CFM
SUBJECT: 7-Day Completeness Review, Marcellina Dairy
PA09-126
Weld County Public Works has received the submittal application for the 7-Day Completeness
Review. This phase of the planning process is a content review of the submitted
materials, NOT a technical review. Comments made during this phase of the process will not
be all-inclusive, and will address the critical issues of concern including but not limited to the
Site Plan, Traffic Study, Preliminary Drainage Report, Geotechnical Soils Report, and Flood
Hazard Development Permit. The Public Works Department will perform a detailed technical
review of the project once the submittal application is deemed acceptable and is promoted to
the review phase of the planning process.
Site Plan Review: Appears to be complete for review.
Traffic Study: No traffic is required.
Preliminary Drainage: Appears to be complete for review.
• Geotechnical Soil Report: A geotechnical soil report is not required for the drainage review.
Special Flood Hazard Area: This area is not in a special flood hazard area.
Summary: The report appears to contain the information required for the 7-Day Completeness
Review and it is complete enough to review in detail. I feel this application may be submitted for
the USR process.
pc: PA09-126
•
C:\Documents and Settings\cgathman\Local Settings\Temporary Internet Files\Content.OutlooM66 (
66R7M8E\P09 126
7 Day &mpletenesslikeview
•
Subject: USR for a Dairy
Legal: Lots A & B of RE-3556; Part of the S2 of 15-4-65
Location: East of and adjacent to CR 43 and North of and
adjacent to CR 46
Applicant Name: Roswell & Kerry Checketts (Marcellina
Dairy)
Property Owner: Same
Planner: Chris Gathman
Department: Public Works Health Building Manning
Comments:
•
Name:
Date:
• Date: February 3, 2010,
Comments due no later than February 10, 2010
7 DaytompletenessReview
w
Subject: USR for a Dairy
Legal: Lots A & B of RE-3556; Part of the S2 of 15-4-65
Location: East of and adjacent to CR 43 and North of and
adjacent to CR 46
Applicant Name: Roswell & Kerry Checketts (Marcellina
Dairy)
Property Owner: Same
Planner: Chris Gathman
Department: Public Works Health Buildin Planning
Comments:
4 a c a r/✓
'^lJ . rvi y
'
� �Q✓'Nr. cj cA✓Q u.ve�o 1 rP-11 .S ✓%)
Su. a✓' Spp iniC—Arrc 1-LCA- re ww 4Z—LQ
o..-r' 4So all P.Itry A) O✓ proopril I ar
� e7 l U_ !_
r 4 Name: Kam.` cLa ti C litre4"1 „AL--
Date: 2- - .5-' 040 hu,01/4.0 tool o
_ (N-0,k wn`,a fe'""
Date: February 3, 2010, 0
• Comments due no later than February 10, 2010
Hello