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.
Jacqueline Hatch-Drouillard
Name of Person Posting Sign —Jacqueline Hatch-Drouillard
• C G..__ 1 ''_t
-Stignatire of Person Posting Sign
STATE OF COLORADO )
) ss.
COUNTY OF WELD ) 9.41
�"
The foregoing instrument was subscribed and s is ( day of NAIL J ,
2008.WITNESS my hand and official seal. oicy! Pq®
gyp,: .A.
BETH ANT •;
i SALZMAN I
otary Public it'••..,•
.....•• ,
My Commis bn-PL\ s
10.14.2011
My Commission Expires:
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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.
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