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HomeMy WebLinkAbout20082345.tiff INVENTORY OF ITEMS FOR CONSIDERATION Applicant Marvin and Sandra Mae Family Case Number AMUSR-1356 • Trust-TV Dairy Submitted or Prepared Prior to At Hearing Hearing PC Resolution 1 Staff Comments X Department of Planning Services Field Check Form X Planning Commissioner Field Check Form Letter to Applicant X Affidavit of sign posting X 2 Legal Notifications X 3 Application X 4 Referral List X Referrals without comment X City of Dacono, referral dated June 5,2008 X Colorado Division of Wildlife, referral dated May 13, 2008 X Weld County Sheriffs Office, referral dated June 27,2008 x • Weld County Zoning Compliance, referral dated June 3,2008 X 5 Referrals with comments X Weld County Department of Public Health and Environment, referral dated July 1, X 2008 Weld County Department of Public Works, referral dated June 16,2008 X Weld County Department of Building Inspection, referral dated June 17,2008 X Department of Planning Services, Landscape referral dated June 3, 2008 X Longmont Soil Conservation District, referral dated June 10,2008 X Farmers Reservoir and Irrigation Ditch, referral dated June 11, 2008 X State of Colorado Department of Transportation, referral dated June 5, 2008 X Fort Lupton Fire Protection District, referral dated June 4, 2008 X Town of Frederick, referral dated June 16,2008 X 6 Maps X 7 Deed/Easement Certificate X 8 Surrounding Property/Mineral Owners X 9 Utilities X 10 Soil Survey x EXHIBIT • 11 PC Exhibits X II __a_ 11.a Memorandum from Jacqueline Hatch-Drouillard dated August 15, 2008 X Qm/fle It/350 60oo2-a3y5 11.o I Letter trom Kerr Mcuee aatea August 14,zuut3 I A I hereby certify that the twenty eight items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Board of County Commissioners hearing. • Jacqueline Hatch- rouil and Planner / • 1111 • • ti LAND USE APPLICATION SUMMARY SHEET COLORADO Planner: Jacqueline Hatch-Drouillard Case Number: AMUSR-1356 Hearing Date: August 19, 2008 Applicant: Marvin & Sandra Mae Family Trust, TV Dairy O/O Cody Hollingsworth —AGPROfessionals, LLC 4350 State Highway 66, Longmont, CO 80504 Situs Address: 7678 County Road 17, Fort Lupton CO 80621 Request: A Site Specific Development Plan and an Amended Special Review Permit for a Livestock Confinement Operation (5,000 head dairy including milking cows, dry cows, heifers, and calves and nine additional mobile homes as accessories to the farm) in the A(Agricultural)Zone District. Legal Description: Part of the N2 of the SW4 and Lot B of RE-2098 being part of the S2 of the N2 of • Section 28, T2N, R67W of the 6`" P.M., Weld County, CO Location: East of and adjacent to County Road 17 and approximately IA mile south of County Road 18. Size of Parcel: 205 +/-acres total, USR boundary 163 +/-acres Parcel Number: 1311 28 300051, 1311 28 000053 & 1311 28 000054 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 from the following agencies: • Weld County Zoning Compliance, referral dated June 3, 2008 • Weld County Department of Public Health and Environment, referral dated July 1, 2008 • Weld County Department of Public Works, referral dated June 16, 2008 • Weld County Department of Building Inspection, referral dated June 17, 2008 • Weld County Sheriff's Office, referral dated June 27, 2008 • Colorado Division of Wildlife, referral dated May 13, 2008 • Department of Planning Services, Landscape referral dated June 3, 2008 • Longmont Soil Conservation District, referral dated June 10, 2008 • Farmers Reservoir and Irrigation Ditch, referral dated June 11, 2008 • EXHIBIT TV Dairy —AMUSR-1356 Page 1 b$ b / • • City of Dacono, referral dated June 5, 2008 • State of Colorado Department of Transportation, referral dated June 5, 2008 • Fort Lupton Fire Protection District, referral dated June 4, 2008 • Town of Frederick, referral dated June 16, 2008 Referral responses have not been received from the following agencies: • State of Colorado Department of Health • USDA-APHIS Vet Services • Town of Firestone • Central Weld County Water District • • TV Dairy -AMUSR-1356 Page 2 • SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW hiDe COLORADO Planner: Jacqueline Hatch-Drouillard Case Number: AMUSR-1356 Hearing Date: August 19, 2008 Applicant: Marvin & Sandra Mae Family Trust, TV Dairy C/O Cody Hollingsworth—AGPROfessionals, LLC 4350 State Highway 66, Longmont, CO 80504 Situs Address: 7678 County Road 17, Fort Lupton CO 80621 Request: A Site Specific Development Plan and an Amended Special Review Permit for a Livestock Confinement Operation (5,000 head dairy including milking cows, dry cows, heifers, and calves and nine additional mobile homes as accessories to the farm) in the A(Agricultural)Zone District. • Legal Description: Part of the N2 of the SW4 and Lot B of RE-2098 being part of the S2 of the N2 of Section 28, T2N, R67W of the 6th P.M., Weld County, CO Location: East of and adjacent to County Road 17 and approximately IA mile south of County Road 18. Size of Parcel: 205 +/-acres total, USR boundary 163 +/-acres Parcel Number: 1311 28 300051, 1311 28 000053 & 1311 28 000054 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 ordinances in effect. Section 22-2-60 A.Policy 1.3 states "Allow commercial and industrial uses, which are directly related to, or dependent upon agriculture, to locate within the A (Agricultural) Zone District when the impact to surrounding properties is minimal, and where adequate services are currently available and reasonably obtainable. Agricultural businesses and industries will be encouraged to • TV Dairy —AMUSR-1356 Page 3 • locate in areas that minimize the removal of agricultural land from production." A dairy is considered an agricultural related use. The proposal is to amend an existing dairy operation. The applicant applied for a dairy of 4,500 head of cattle on approximately 130 acres in 1999. The Planning Commission recommended reducing the number of cattle to 3,500 and the Board of County Commissioners subsequently denied the request for a Use by Special Review Permit for 3,500 head to cattle on February 3, 1999. A substantial change hearing was conducted by the Board of County Commissioners on August 20, 2001. It was determined at that hearing that there was a substantial change in the facts and circumstances since the applicant was reducing the number of head of cattle from 3,500 on 130 acres to 1,450 on 80 acres. USR-1356 was approved by the Board of County Commissioners on December 5, 2001 for a 1,450 head dairy. b. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. Section 23-4-40.B.16, Section 23-4-40.L and Section 23-4- 40.L and 23-4-40.M provides for dairies, multiple single-family dwelling units per lot other than those permitted under Section 23-3-20.A and Multi-family Dwellings for persons principally employed at or engaged in farming, ranching or gardening as a Use by Special Review in the A (Agricultural) Zone District. The site currently has nine (9) homes on site. The applicant is requesting to increase the number of homes on site to ten (10). One mobile home as a principal dwelling unit and nine (9) mobile homes as accessory to the farm. • c. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The surrounding property consist of rural residences to the north and south and agricultural uses to the east and west. Development Standards and Conditions of Approval will ensure that this operation is compatible with the existing surrounding land uses. The site will also have to comply with the Confined Animal Feeding Operation (CAFO) Control Regulations. d. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with the 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 USR is located within the 3-mile referral areas of the City of Dacono, and the Towns of Firestone and Frederick. The City of Dacono referral dated June 5, 2008 states that they have reviewed the request and find no conflicts with their interests. The Town of Fredrick referral dated June 16, 2008 ask to please make implementation of the management plan for nuisance control a condition of approval and re-evaluate annually to minimize nuisance. They also state that odors have been an issue in the past. The applicant has responded to the Town of Frederick's referral in their letter dated July 8, 2008 stating that the nuisance control plan has been approved by the Weld County Department of Health and Environment. No comments were received from the Town of Firestone. The applicant has submitted a Firestone Development Application for a pre-annexation agreement. e. Section 23-2-220.A.5— 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) • TV Dairy —AMUSR-1356 Page 4 • Effective August 1, 2005, Building permits issued on the subject site 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 property is designated as "irrigated" with portions as "Prime" and "Irrigated Non Prime" according to the U.S.D.A. Soil Conservation Map, dated 1979. 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 on July 7, 2008 to discuss the referrals received. The applicant submitted a letter dated July 8, 2008 that attempted to address the comments outlined in the received referrals. The Conditions of Approval outlined below are the remaining items that still need to be addressed. The Department of Planning Services' staff recommendation for approval is conditional upon the following: • 1. Prior to recording the plat: A. Provide documentation, prepared by a Colorado Registered Professional Engineer, that all wastewater impoundments for the confined animal feeding operation (CAFO) meet seepage rate standards of Colorado Water Quality Control Commission Regulation 81. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services and Department of Public Health and Environment. (Department of Public Health and Environment) B. 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. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services and Department of Public Health and Environment. (Department of Public Health and Environment) C. Demonstrate that wastewater impoundments meet required setbacks to water wells and groundwater required by Colorado Water Quality Control Commission Regulation Number 81. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services and Department of Public Health and Environment. (Department of Public Health and Environment) D. Provide evidence that a CAFO Colorado Discharge Permit has been applied for or obtained from the Colorado Water Quality Control Division. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services and Department of Public Health and Environment. (Department of Public Health and Environment) • TV Dairy —AMUSR-1356 Page 5 • E. Section 22-5-100.A of the Weld County Code states "oil and gas exploration and production should occur in a manner which minimizes the impact to agricultural uses and the environment and reduces the conflicts between mineral development and current and future surface uses." Section 22-5-100.B of the Weld County Code states "...encourage cooperation, coordination and communication between the surface owner and the mineral owner/operators of either the surface or the mineral estate." Section 22-5- 100.B.1 of the Weld County Code also states "new development should be planned to take into account current and future oil and gas drilling activity to the extent oil and gas development can reasonably be anticipated." The applicant shall either submit a copy of an agreement with the property's mineral owner/operators stipulating that the oil and gas activities have been adequately incorporated into the design of the site or show evidence that an adequate attempt has been made to mitigate the concerns of the mineral owner/operators. Drill envelopes can be delineated on the plat in accordance with the State requirements as an attempt to mitigate concerns. The plat shall be amended to include any possible future drilling sites. (Department of Planning Services) F. The applicant shall improve the access roads on site as outlined in the Fort Lupton Fire Protection District referral received June 4, 2008. Written evidence from the Fort Lupton Fire Protection District of such shall be provided to the Department of Planning Services. (Fort Lupton Fire Protection District) G. The applicant shall submit written evidence from the Town of Firestone that a pre- annexation agreement has been completed. (Department of Planning Services) H. 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 23 C through E of the Weld County Code. (Department of Planning Services) The applicant shall provide written evidence to the Department of Planning Services verifying that all occupants of the existing nine (9) single-family mobile homes are employees of TV Dairy. The evidence shall consist of tax records (W-2 forms), employment agreements or other documentation as determined suitable by the Department of Planning Services. (Department of Planning Services) J. The plat shall be amended to delineate the following: 1. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. (Department of Planning Services) 2. The attached Development Standards. (Department of Planning Services) 3. Each sheet of the plat shall be labeled AMUSR-1356. (Department of Planning Services) 4. The plat shall delineate plant material to mitigate the impacts of the facility from adjacent properties. The plant material screen shall be place between the road right-of-way and the proposed improvements. The buffer strip shall be a minimum of twenty (20) feet in width and run the length of the property line. (Department of Planning Services) 5. The existing conditions plat shall be removed from the plat. (Department of Planning Services) • TV Dairy —AMUSR-1356 Page 6 • 6. The scale for the site shall be 1" = 100' or 1" = 50'. (Department of Planning Services) 7. The location of the light fixtures shall be placed on the plat. (Department of Planning Services) 8. County Road 17 is designated on the Weld County Road Classification Plan as a local gravel road, which requires 60 feet of right-of-way at full build out. The applicant shall verify and delineate on the plat the existing right-of-way and the documents creating the right-of-way. All setbacks shall be measured from the edge of future right-of-way. If the right-of-way cannot be verified, it shall be dedicated. This road is maintained by Weld County. (Department of Public Works) 9. The Department of Planning Services has determined from the application materials that twenty four (24) parking spaces and two (2) ADA parking spaces will be required on site. Each parking space should be equipped with wheel guards where needed to prevent vehicles from extending beyond the boundaries of the space and from coming into contact with other vehicles, walls, fences, sidewalks, or plantings. (Department of Planning Services) 10. Any approved signs, as applicable. (Department of Planning Services) 11. The 200-foot setback radii for existing oil and gas tank batteries and the 150-foot setback radii for oil and gas wellheads located on the site shall be indicated. • (Department of Planning Services) 2. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. (Department of Planning Services) 3. Upon completion of 1. above the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within One-Hundred and Twenty(120) days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) 4. The Department of Planning Services respectively requests the surveyor provide a digital copy of this Amended Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and ArcInfo Export files format type is .e00. The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable). This digital file may be sent to mapsco.weld.co.us. (Department of Planning Services) 5. Prior to Release of Building Permits for to any construction, alterations, or change of occupancy: A. A building permit application must be completed and two complete sets of 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. (Department of Building Inspection) • TV Dairy —AMUSR-1356 Page 7 • 6. Prior to Certificate of Occupancy/finaling building permits: A. A letter of approval shall be provided from the Fort Lupton Fire Protection District. (Fort Lupton Fire Protection District) 7. The Amended Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. (Department of Planning Services) • • TV Dairy —AMUSR-1356 Page 8 • SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS TV Dairy AMUSR-1356 1. A Site Specific Development Plan and an Amended Special Review Permit for a Livestock Confinement Operation (5,000 head dairy including milking cows, dry cows, heifers, and calves and nine additional mobile homes as accessories to the farm) in the A (Agricultural) Zone District and subject to the Development Standards stated hereon. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. 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. (Department of Public Works/Planning Services) 4. The operation shall be limited to a total of twenty four (24) employees. (Department of Planning Services) 5. The access drives to, from and around the facility shall be adequate to support emergency equipment at all times. (Fort Lupton Fire Protection District) 6. The nine single-family dwelling units (mobile home) on the property shall be exclusively for • employees of the TV Dairy on site. The applicant shall provide evidence on an annual basis to the Department of Planning Services verifying that all employees living on site are employees of the TV Dairy. (Department of Planning Services) 7. The hours of operation in the milking parlors and related facilities will be 24 hours a day, 365 days a year. (Department of Planning Services) 8. The facility shall maintain compliance with the Colorado Water Quality Control Commission's Animal Feeding Operation Control Regulation Number 81 (5 CCR 1002-81). (Department of Public Health & Environment) 9. The facility shall maintain CAFO Colorado Discharge Permit coverage and operate in compliance with Colorado Water Quality Control Commission Regulation Number 61. There shall be no discharge of manure or process wastewater into surface water from the production area, except as provided in the facilities CAFO Colorado Discharge Permit. (Department of Public Health & Environment) 10. Manure and process wastewater shall be applied at agronomic rates and in accordance with the Nutrient Management Plan or Manure & Wastewater Management Plan. There shall be no discharge from land application areas except for agricultural stormwater. (Department of Public Health & Environment) 11. 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. (Department of Public Health & Environment) • TV Dairy -AMUSR-1356 Page 9 • 12. The facility shall control fugitive dust on this site and be operated and maintained in a manner to prevent nuisance conditions. The facility shall be operated in accordance, at all times, with their current approved Management Plan for Nuisance Control. (Department of Public Health & Environment) 13. The facility shall be operated in a manner to control pests. The facility shall be operated in accordance, at all times, with their current approved Management Plan for Nuisance Control. Additional control measures shall be implemented at the request of the Weld County Department of Public Health 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) 14. The facility shall be operated in a manner to control flies. The facility shall be operated in accordance, at all times, with their current approved Management Plan for Nuisance Control. Additional fly control measures shall be implemented at the request of the Weld County Department of Public Health 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, and in the judgment of the Weld County Health Officer, there exists a fly condition requiring abatement. (Department of Public Health & Environment) 15. The facility shall be operated in a manner to control odors. The facility shall be operated in accordance, at all times, with their current 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) 16. 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) 17. 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) 18. 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) 19. 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 • TV Dairy —AMUSR-1356 Page 10 Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health & Environment) 20. 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. (Department of Public Health & Environment) 21. 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) 22. The applicant shall comply with all provisions of the Underground and Above Ground Storage Tank Regulations. (Department of Public Health & Environment) 23. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the facility. (Department of Public Health & Environment) 24. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Department of Public Health & Environment, Water Quality Control Division. (Department of Public Health & Environment) 25. A plan review is required for each building for which a building permit is required. Plans shall include a floor plan. Building plans shall bear the wet stamp of a Colorado registered engineer or architect. Two complete sets of plans are required when applying for each permit along with a Code Analysis Data sheet, provided by the Weld County Building Department. (Department of Building Inspection) • 26. 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, 2008 National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) 27. A separate building permit shall be obtained prior to construction/alterations of or change of occupancy of any building. (Department of Building Inspection) 28. Prior to the release of building permit, the applicant shall submit evidence of approval from the Fort Lupton Fire Protection District to the Weld County Building Department. (Department of Building Inspection) 29. Effective January 1, 2003, Building Permits issued on the proposed site will be required to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department of Planning Services) 30. Effective August 1, 2005, Building permits issued on the subject site 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) 31. The property owner acknowledges that mineral owners and lessees have real property interests that entitle them to surface use in accordance with Colorado State Statutes and applicable Colorado Oil and Gas Conservation Commission regulations. (Department of Planning Services) • TV Dairy —AMUSR-1356 Page 11 • 32. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 33. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 34. The property owner or operator shall be responsible for complying with the Livestock Confinement Operation standards of Section 23-4-350 of the Weld County Code. 35. The property owner or operator shall be responsible for complying with the Livestock feeding performance standards of Section 23-4-710 of the Weld County Code. 36. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. 37. Personnel from Weld County Departments 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. 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. • 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. • TV Dairy —AMUSR-1356 Page 12 WELD COUNTY Applicant Meeting 1PATE: 7/7/08 CASE NUMBER: AMUSR-1356 TYPE OF APPLICATION: An Amended Site Specific Development Plan and a Special Review Permit for a Livestock Confinement Operation (5,000 head dairy including milking cows, dry cows, heifers, and calves) in the A (Agricultural) Zone District. NARRATIVE: USR-1356 was approved by the Board of County Commissioners on October 5, 2001 for a 1,450 head dairy with two additional mobile homes as accessory to the farm. The amendment to the USR is to increase the number of head on site to 5,000. LEGAL DESCRIPTION: Pt N2 of the SW4 and Lot B of RE-2098 Pt of the S2 of the N2 of Section 28, T2N, R67W of the 6th P.M., Weld County, CO. COMPANY NAME/REPRESENTATIVE/OWNER: Marvin and Sandra Mae Family Trust, TV Dairy do Cody Hollingsworth with AGPROfessionals LLC PARCEL NUMBER: 1311 28 300051, 1311 28 000053 & 1311 28 000054 ACRES: 205 +/- acres total, USR boundary 163 +/- acres (EVIEW: Cody Hollingsworth with AGPROfessionals LLC met in the southwest planning office to review the referrals regarding the case described above. From the referrals received it was determined that the following items needed to be addressed. A. Changes to the plat; 1. all roads and appropriate existing and future right-of-ways need to be labeled. 2. all existing and proposed landscaping and lighting shall be delineated on the plat B. Contact Lauren Light in Public Health and Environment regarding her referral. Sign off that all of the Public Health and Environment comments have been addressed. C. Contact Don Dunker in Public Works regarding a drainage review. Sign off that any comments that Don Dunker may have regarding drainage have been addressed. D. Review and respond to the referral from the Longmont Soil Conservation District E. Review and provide written approval from the Colorado Department of Transportation that all of their concerns have been addressed F. Review and respond to the referral from the Fort Lupton Fire Department Review and respond to the referral from the Town of Frederick Weld County Department of Planning Services Greeley Office— Longmont Office— 918 10' Street, Greeley CO 80631 4290 County Road 24.5, Longmont CO 80504 Phone:970-353-6100 x3540 Phone: 720-652-4210 x8730 Fax:970-304-6498 Fax: 720-652-4211 Page 1 WELD COUNTY H. Review and respond to the referral from the Weld County Department of Planning Services, Landscaping • Review and respond to the referral from the Weld County Public Works Department. Sign off that all of Public Works comments have been addressed. J. Review and respond to the referral from the Farmers Reservoir and Irrigation Company K. Review and respond to the referral from the Weld County Building Department The items listed above shall be submitted to the Department of Planning Services. As discussed if the above information is provided to the Department of Planning Services by July 18, 2008 the Planning Commission hearing would be scheduled for August 19, 2008 and the Board of County Commissioners hearing would be scheduled soon after(possibly August 27, September 3rd or 10th) If any additional referrals are received prior to the Planning Commission hearing staff will forward them to Cody to address. Any items that have not been fully addressed by July 18, 2008 will be added as a condition of •proval that will need to be addressed prior to recording the mylar. It is the applicants responsibility to be in compliance with State Statue 24-65.5-103 regarding mineral notification. The applicant will be sending out the mineral notification 30 days prior to the Planning Commission hearing. • Weld County Department of Planning Services Greeley Office— Longmont Office— 918 10" Street, Greeley CO 80631 4290 County Road 24.5, Longmont CO 80504 Phone: 970-353-6100 x3540 Phone: 720-652-4210 x8730 Fax: 970-304-6498 Fax: 720-652-4211 Page 2 DEPARTMENT OF PLANNING SERVICES • a SOUTHWEST OFFICE 42, CO 4 LO)652- 21 C 80504 PHONE: (720)652-4210, Ext. 8730 FAX: (720) 652-4211 C. COLORADO July 23, 2008 Marvin &Sandra Mae Te Velde Family Trust do Cody Hollingsworth AGPROfessionals, LLC 4350 Highway 66 Longmont CO 80504 Subject: AmUSR-1356- Request for a Site Specific Development Plan and Amended Use by Special Review Permit for a Livestock Confinement Operation (5,000-head dairy including milking cows, dry cows, heifers, and calves)in the A(Agricultural)Zone District on a parcel of land described as Pt N2 of the SW4 and Lot B of RE-2098 Pt of the S2 of the N2 of Section 28,T2N, R67W of the 6th P.M.,Weld County, Colorado. • Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on August 19,2008,at 1:30 p.m. This meeting will take place in the Hearing Room, Southwest Weld Planning Department, 4209 CR 24.5, Longmont, Colorado. A subsequent hearing will be held on September 3, 2008 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 has provided the Weld County Planning Department with written certification indicating the above requirements have 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 conceming this application to the Weld County Planning Commission and will be included in the packets one week prior to the scheduled Planning Commission Hearing. If you have any questions concerning this matter, please call. Respectfully, hLat1v, ear Jacqueline Hatch • Planner • • rit t a • OF PLANNING SERVICES WIlDDEPARTMENTCSOUTHWEST OFFICE 4209 CR 24.5 LONGMONT, CO 80504 COLORADO PHONE: (720) 652-4210, Ext. 8730 FAX: (720) 652-4211 May 30, 2008 Marvin &Sandra Mae Family Trust do Cody Hollingsworth AGPROfessionals, LLC 4350 Highway 66 Longmont CO 80504 Subject: AmUSR-1356 - Request for a an Amended Site Specific Development Plan and a Special Review Permit for a Livestock Confinement Operation (5,000 head dairy including milking cows, dry cows, heifers, and calves) in the A(Agricultural)Zone District on a parcel of land described as Pt N2 of the SW4 and Lot B of RE-2098 Pt of the S2 of the N2 of Section 28, T2N, R67W 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 been received them. • Once the concerns and requirements of the referral agencies have been met or the applicant has show an attempt to meet their concerns and requirements, a Planning Commission Hearing will be scheduled. It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property or if the property is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Dacono, Firestone, and Frederick Planning Commission for their review and comments. Please call Dacono at 303-833-2317, Firestone at 303-833-3291, and Frederick at 303-83-2388 for further details regarding the date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the Dacono, Firestone, and Frederick Planning Commission meeting to answer any questions the Commission members may have with respect to your application. If you have any questions concerning this application, please call. Respectf , --7a T e tch Plann • Jacqueline Hatch Irom: Cody Hollingsworth [chollingsworth@agpros.com] ent: Wednesday, May 28, 2008 9:18 AM o: Jacqueline Hatch Subject: TV Dairy AMUSR Jacqueline, We would like to use the new process for TV Dairy Amended USR. Thanks, Cody Hollingsworth Planner/Broker AGPROfessionals LLC 720-684-7219 chollingsworth@agpros.com • • 1 • • Page 1 of 1 Michelle Martin • From: Cody Hollingsworth [chollingsworth@agpros.com] Sent: Wednesday, May 21, 2008 2:59 PM To: Michelle Martin Subject: FW: 7-day completeness reviews Attachments: Rusco Land and Cattle.doc Michelle here is the email from Kim. Thanks, Cody Hollingsworth Planner/Broker AGPROfessionals LLC 720-684-7219 chollingsworth@agpros.com From: Kim Ogle [mailto:kogle@co.weld.co.us] Sent: Thursday, May 15, 2008 5:41 PM To: Cody Hollingsworth Cc: Don Dunker; Donald Carroll; Lauren Light Subject: 7-day completeness reviews • Cody Health is okay,Planning is good and Public Works has comments: TV Dairy, Submit application Rusco Submit application Kim Ogle Planning Manager 1970.358.4000 a 3549 F.970 30 (49$ Weld County Planning Services-Greeley Ol f ee 918 Tenth Sneer l Greeter Co 80631 40g14440 eo weld cogs • 05/21/2008 Page 1 of 1 Sy Kim Ogle • From: David Snyder Sent: Monday, May 12, 2008 3:17 PM To: Kim Ogle Subject: TV Dairy Kim, The site plan is adequate for the review, drainage is per cafo, a traffic study will not be required, a geotech study with the ground water tables will be required, all else appears to be within the scope of the requirements for review. David Snyder, E.I. Engineer Weld County Public Works Department • P. O. Box 758 Greeley, CO 80632 (970)304-6496, Extenstion 3745 dsn :lerco.weld.co.us • 05/12/2008 rs\YY Page 1 of 1 -.}7b Zr � _ Kim Ogle • From: David Snyder Sent: Tuesday, March 25, 2008 11:07 AM To: Kim Ogle Cc: David Bauer; Don Dunker Subject:USR 1356-N Dairy Kim, After initial review of the TV dairy package Public Works comments are as follows: topography for the site with minimum 2' intervals, indication of ground water elevations for the site, and please provide calculations for the pond sizing/capacity. Public Works is aware this is an Ag exempt use, but since it is in an urbanizing area/UGB a comparison of the drainage for the 100 year 24 hour storm for the site is requested, Acre/ft=(acres x 100% impervious assumed x 100year24hour storm intensity)/12. If you have any questions, feel free to call or email. • David Snyder, E.I. Engineer Weld County Public Works Department P. O. Box 758 Greeley, CO 80632 (970)304-6496, Extenst ion 3745 dsnyder@co.weld.co.us • 03/25/2008 Roe - 051 • DEPARTMENT OF PLANNING SERVICES Greeley Planning Office Te nth Tenth Street Greeley, Colorado 80631 IWEBSITE: www.co.weld.co.us 11111 ce EMAIL: kogle@co.weld.co.us u9 PHONE (970) 35 61 EXT. 3549 FAX (970) 304-6498 COLORADO March 24, 2008 Cody Hollingsworth AGPROfessionals, LLC 4350 State Highway 66 Longmont, CO 80504 Subject: Pre-Submittal AmUSR Review for TV Dairy Dear Cody: • The Departments of Public Health and Environment, Public Works and Planning are in receipt of the pre-application sketch plan application packets dated March 7, 2008. Departmental staff has completed their review and offer the following comments: Environmental Health 1]. Please provide additional information on the water source. The questionnaire states there a tap from Central Weld County Water District, however, it was not included in the Environmental Health packet reviewed. 2]. Please provide additional information on the sanitary disposal. The application materials speak of septic permits, however, it was not included in the Environmental Health packet reviewed. 3]. Please provide additional information on the existing CAFO permit. The question was raised on this issue. Would TV Dairy utilize the existing permit or apply for a new CAFO permit. . Public Works 1]. Staff requests topography to be graphically delineated on the plat for the site at two (2) foot intervals. 2]. Staff requests an indication of the ground water elevation for the property. • 3]. Staff requests the applicant provide calculations for the pond sizing aid capacity. 4]. Public Works is aware this is an Agricultural use, but since it is in an urbanizing • area/UGB a comparison of the drainage for the 100 year 24 hour storm for the site is requested: Acre/ft=(acres x 100% impervious assumed x 100year24hour dorm intensity)/12. Planning 1]. Continue to work on attaining agreements from all Oil and Gas Lease holders. Staff will require at a minimum a Memorandum of Understanding from eachentity prior to scheduling this case for public hearing. 2]. Please provide a copy of the pre-Annexation Agreement with the Town of Firestone as stipulated in the pre-application meeting between D. McCormick, AGPROfessionals and county staff on Thursday February 28, 2008. A copy of the meeting minutes is attached for reference. Staff will accept the Site Specific Development Plan and Amended Special Use permit for the TV Dairy when the above referenced concerns are answered or otherwise addressed. Please note, staff comments made during the pre-application phase of the application procedure may not be all inclusive, as other concerns or issues may arise during the remaining application process. Please contact this office should you have additional questions or concerns. Thank you Sincerely, • Kim Ogle Planning Manager ec: L. Light. Environmental Health D. Dunker, Public Works File: Pre-Application TV Dairy 2008 • • PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS August 9, 2008 THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY 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, Jacqueline Hatch, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE PLANNING COMMISSIONERS HEARING FOR AMUSR-1356 IN THE A (Agricultural) ZONE DISTRICT. 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I ,li lls —77—X-3-- -;:i.rr r=te /t 1 i 0Ithille : ,1 lirf ' •. , � Its ti •kAi • A i} * i . • ' h • L1111 FIELD CHECK Inspection Date: 8/6/08 • APPLICANT: Marvin and Sandra Mae Family Trust,TV Dairy c/o Cody Hollingsworth with AGPROfessionals LLC CASE#: AMUSR-1356 REQUEST: A Site Specific Development Plan and an Amended Special Review Permit for a Livestock Confinement Operation(5,000 head dairy including milking cows,dry cows, heifers,and calves and nine additional mobile homes as accessories to the farm)in the A(Agricultural)Zone District. LEGAL: Pt N2 of the SW4 and Lot B of RE-2098 Pt of the S2 of the N2 of Section 28, T2N, R67W of the 6th P.M., Weld County,CO. LOCATION: East of and adjacent to County Road 17 and approximately 1/4 mile south of County Road 18. PARCEL ID#: 1311 28 300051, 1311 28 000053 8 1311 28 000054 ACRES: 205+/-acres total, USR boundary 163+/-acres Zoning Land Use N Agricultural N Agricultural E Agricultural E Agricultural S Agricultural S Agricultural W Agricultural W Agricultural • Comments: Existing dairy Smaller berm along CR 17 blocks most of the dairy from view 9 mobile homes on site CR 17 gravel Entrance graveled and lined with trees Miscellaneous structures on site. `.. S g atur/ o House(s) ❑ Derelict Vehicles o Outbuilding(s) ❑ Non-commercial junkyard (list components) o Access to Property ❑ Irrigation Sprinkler o Crop Productions o Crops ❑ Site Distance ❑ Wetlands ❑ Mobile Home(s) ❑ Oil & Gas Structures o Other Animals On-Site ❑ Wildlife • ❑ Water Bodies ❑ Utilities On-Site (transmission lines) o o DitchTopography Note any commercial business/commercial vehicles that are operating from the site. Hello