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HomeMy WebLinkAbout20071548.tiff v Weld County Planning Department GREELEY OFFICE NOV2 MEMORANDUM �OV 29 2006 411, RECEIVEDTO: Chris Gathman, Planning Services DATE: Nov. 29, 2006 FROM: Donald Carroll, Engineering Administrator SUBJECT: USR-1590, Contreras Farms COLORADO The Weld County Public Works Department has reviewed this proposal. This project falls primarily under the purview of the Use by Special Review Standards, Weld County Code, Chapter 23, Article II, Division 4; Section 23. Our comments and requirements are as follows: COMMENTS & REQUIREMENTS: Weld County Road Classification Plan (FHU): (June 2002) WCR 61 is classified as a local roadway with 60-feet of right-of-way. WCR 78 is classified as a local roadway with 60-feet of right-of-way. Both roads are gravel and maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning Ordinance (23-1-90), the required setback ,—for future buildings as part of this development is measured from the future right-of-way line. All building nvelopes must adhere to these setback requirements. Access: The applicant currently has two access points onto WCR 78. The application appears to preserve these two locations without the addition of any new accesses. All upgraded access points should meet the requirements outlined in Section 23-2-240; part 9. Off-Street Parking: It is unclear from the USR plot plan submittal where, if any, off street parking is provided for employees and delivery trucks. The applicant should further address this issue. Designated parking areas should be surfaced with an all weather surfacing material. The Department of Planning Services will determine the appropriate number of parking spaces as dictated by the proposed use. All parking spaces will be required to use wheel stops to delineate parking from walk or pedestrian travel areas. Easements & Rights of Way: The applicant is required to identify and dimension, on the plot map, the type and location of all easements and ROW on or adjacent to, the subject parcel. Currently, the applicant identifies ROW and a "screening easement". Other utility easements must be shown on the map. The proposed improvements should be located in a manner as to not encroach or limit the use of these easements or ROW. Identification Sign: The applicant has not indicated on the plot map the desire to install any additional identification signs for the facility. This should be identified on the plat, if appropriate, and be located outside any future right-of-way or easements. (Ch. 23, Article VI, Division 2) ,-.,Soils: A soils report for the site has not been provided. A soils investigation should be completed to etermine subgrade suitability for the proposed buildings and construction. At a minimum, soils shall be identified according to 23-2-260, D, part 4; c; 4. EXHIBIT 4/7 2007-1548 Storm Water Drainage: The applicant has provided a site map showing proposed locations of storm water retention ponds. However, this plan does not provide the appropriate runoff calculations to determine if the izing and location of the proposed ponds are adequate. This work must comply with the Urban Storm Drainage Criteria —Weld County modifications (Code Chapter 8, Article XI, Appendix 8L). All detention, water quality and release standards will need to be met. The applicant shows a perimeter berm around a portion of the west, north and east property lines to redirect upstream drainage from the site. This approach is not allowed. The applicant should accept this historic drainage according to its historic pattern. The applicant should further allow for this drainage through the site with measures to ensure against contamination from the cattle feeding operations. The proposed drainage crossing (2 — 8'x50') culverts should be sized to accommodate the 50-year event. I am referring the storm water drainage to the Department of Health and Environment, as it deals with animal units. The applicant is required to comply with the Colorado Confined Animal Feeding Control Regulation. Floodplain: The applicant shall verify that the drainage-way that bisects the property is not a regulated floodplain. Please provide references to FEMA FIRM maps. Traffic Generation: The applicant discusses the proposed traffic generation in section 5 of the USR application. Up to a total of 12 employees as well as 6 truck trips per day are identified. This totals approximately 14 to 30 total trips per day. pc: Patrick McNear— Scott Realty USR-1590 Weld County Planning Department GREELEY OFFICE MAR 2 2 2007 MEMORANDUMRECEIVED (et a ti;:\), yy TO: CHRIS GATHMAN, DEPT OF PLANNING SERV Ck;A FROM: TROY E. SWAIN&TREVOR JIRICEKII SUBJECT: USR-1590 CONTRERAS FARMS I !Wilk DATE: MARCH 21, 2007 COLORADO The Weld County Department of Public Health and Environment has reviewed this application. We have also discussed the application with the applicant's consultant and engineers (Scott Realty& Alles & Assoc.). Representatives of the applicant indicated that the applicant intends to apply to the Water Quality Control Division of the Colorado Department of Public Health & Environment for a discharge permit for the facility, therefore, our referral comments reflect this fact. The Weld County Department of Public Health and Environment has reviewed this application. We recommend approval of the proposed calf operation with the following recommendations: The Department recommends the following requirement be met prior to allowing the plat to be recorded: 1. A management plan for nuisance control shall be submitted and approved by the Weld County Department of Public Health &Environment. This "nuisance control plan"plan must address control measures for dust, odors, flies and pests. 2. 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 [81.5(2)]. 3. 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 [81.5 (3)]. 4. Demonstrate that wastewater impoundments meet required setbacks to water wells and groundwater required by Colorado Water Quality Control Commission Regulation Number 81. [81.5 (6)]. 5. Provide evidence that a CAFO Colorado Discharge Permit has been obtained from the Colorado Water Quality Control Division. The Department recommends the following requirements be incorporated into the permit as development standards: 1. The facility shall operate in compliance with Colorado Water Quality Control Commission Regulation Number 81. 2. 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. 3. 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. 4. The facility shall be operated and maintained in a manner to prevent nuisance conditions and operate in accordance with their current approved Management Plan for Nuisance Control. 5. 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. 6. The facility shall be operated in a manner to control pests. The facility shall be operated in accordance, at all times, with their current approved Management Plan for Nuisance Control. Additional control measures shall be implemented at the request of the Weld County Department of Public Health 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. 7. The facility shall be operated in a manner to control flies. The facility shall be operated in accordance, at all times, with their current approved Management Plan for Nuisance Control. Additional fly control measures shall be implemented at the request of the Weld County Department of Public Health 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 Depart.uient of Public Health and Environment receives a significant number of fly(associated with facility) complaints, and in the judgment of the Weld County Health Officer, there exists a fly condition requiring abatement. 8. The facility shall be operated in a manner to control odors. The facility shall be operated in accordance, at all times, with their current approved Management Plan for Nuisance r-- Control. Odors detected off site shall not equal or exceed the level of fifteen-to-one 2 dilution threshold, as measured using methods set forth in Regulation 2 of the Colorado Air Pollution Control Regulations. Additional controls shall be implemented at the request of the Weld County Department of Public Health and Environment in the event odor levels detected off site of the facility meet or exceed the level of fifteen-to-one dilution threshold, or in the judgment of the Weld County Health Officer,there exists an odor condition requiring abatement. 9. The applicant shall remove, handle, and stockpile manure from the livestock area in a manner that will prevent nuisance conditions. The manure piles shall not be allowed to exist or deteriorate to a condition that facilitates excessive odors, flies, insect pests, or pollutant runoff. The surface beneath the manure storage areas shall be of materials which are protective of State waters. These areas shall be constructed to minimize seepage or percolation of manure contaminated water. In no event shall the facility impact or degrade waters of the State in violation of Colorado Water Quality Control Commission Regulation Number 81. 10. Any Individual Sewage Disposal System(I.S.D.S.) on the property shall be permitted, installed,maintained and operated in compliance with Weld County I.S.D.S. Regulations. 11. The facility shall operate in compliance with applicable Colorado Air Quality Control Commission Regulations. There shall be no open burning except "agricultural open burning"as defined by Colorado Air Quality Control Commission's Regulation 9. 12. There shall be no permanent disposal of solid wastes, as defined in the Regulations Pertaining to Solid Waste Disposal Sites and Facilities (6 CCR 1007-2), at this site. 13. The facility shall adhere to the maximum permissible noise levels allowed in the Light Industrial Zone as delineated in Section 25-12-103 C.R.S, as amended. 14. Waste materials,not specifically addressed by other development standards, shall be handled, stored, and disposed in a manner that controls fugitive dust,blowing debris, and other potential nuisance conditions. 15. If required, a stormwater discharge permit shall be obtained from the Colorado Water Quality Control Division for construction activities. 3 DEPARTMENT OF PLANNING SERVICES BUILDING INSPECTION 'it a. NORTH OFFICE 9181O Street N E (970) COLO00, E 354 PHONE (970)353NORT EX OFFICE 0 FAX (970)304-6498 SOUTHWEST OFFICE ID4209 CR 24.5 LONGMONT CO 80504 C. PHONE(720)652-4210 X(72 ext.8730 FAX(720)652-4211 COLORADO November 29, 2006 Contreras Farms USR-1590 Site Specific Development Plan and a Special Review Permit for an agricultural service establishment primarily engaged in performing agricultural, animal husbandry or horticultural services on a fee or contract basis including a livestock confinement operation for up to 5,000 head in the A(Agricultural)Zone District.. 1. A building permit shall be obtained prior to the construction or placement of any structure such as the pole metal building used as a production area and employee housing units. A plot plan shall be submitted when applying for building permits showing all structures with accurate distances between structures, and from structures to all property lines. 2. A plan review is required for each building for which a building permit is required. Plans for the pole structure shall bear the wet stamp of a Colorado registered architect or engineer. The residential structures may be required to bear the wet stamp of a Colorado registered architect or engineer. Two complete sets of plans are required when applying for each permit.The building will probably be classified as a B (production area). The building will be required to be accessible to persons with disabilities including the bathroom. 3. Buildings shall conform to the requirements of the various codes adopted at the time of permit application. Currently the following has been adopted by Weld County:2003 International Building Code;2003 International Residential Code;2003 International Mechanical Code;2003 International Plumbing Code;2005 National Electrical Code;2003 International Fuel Gas Code and Chapter 29 of the Weld County Code. 4. Each structure set on a foundation will require an engineered foundation based on a site-specific geotechnical report or an open hole inspection performed by a Colorado registered engineer. Engineered foundations shall be designed by a Colorado registered engineer. 5. Building wall and opening protection in accordance with the Building Code. Setback and offset distances shall be determined by the Zoning Ordinance. 6. Building height shall be measured in accordance with the Building Code for the purpose of determining the maximum building size and height for various uses and types of construction and to determine compliance with the Bulk Requirements from Chapter 27 of the Weld County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County Code in order to determine compliance with offset and setback requirements. Offset and setback requirements are measured to the farthest projection from the building. 7. Provide letter of approval from Galeton Fire Protection District prior to new residential construction. 8.There are two historical permits with final status on record. Please contact me for any further information regarding this project. Sinly, Ric V it Building Official COlon) Universky .� Cooperative Extension Putting Knowledge to Work Weld County 525 North 15th Avenue Exhibition Building, Island Grove Park Greeley.Colorado 80631 November 29, 2006 (970)304-6535 FAX:(970)351-0415 Chris Gathman, Planner Weld County Planning Department 918 10th Street Greeley, CO 80631 Dear Mr. Gathman: I have received and reviewed Contreras Farms, Inc. Use by Special Review Permit application, Case Number USR-1590, for expansion of the existing calf raising operation up to 5000 head. This application is also for the purpose of bringing the operation into compliance with Weld County code. r The size of the proposed operation will require it to adhere to Confined Animal Feeding Operation (CAFO) Regulations. It would be appropriate to indicate this, particularly with regards to question eight that pertains to construction of storm water drainage and storage facilities. Pest management, particularly fly control strategies, should be addressed by the applicant. With these considerations, Weld County Extension has no objection to this proposal. If there are any questions, please do not hesitate to contact me. Sincerely, Keith R. Maxey Extension Agent (Dairy/Youth) Colorado State University. U.S.Department of Agriculture and Colorado counties cooperating. Cooperative Extension programs are available to all without discrimination. STATE OF COLORADO -JFFICE OF THE STATE ENGINEER 04 Division of Water Resources Department of Natural Resources �e • 1313 Sherman Street,Room 818 WVlI IIn�� �• • Denver,Colorado 80203 Novemb2'Ipz2�o�{gt� Planning Department •Ian• Phone(303)866-3581 `GR' LEY OFFICE FAX(303)866-3589 Bill Owens www.water,gate,co.Chris iathman DEC 0 6 2006 mor Russell George Weld County Planning Department RECEIVED Executive Director 1555 N 17th Avenue Hal D.Simpson,P.E. State Engineer Greeley, CO 80631 Re: Contreras Farms Site Specific Development Plan and Special Permit Review Case No. USR-1590 Sec. 19, T7N, R63W, 6th P.M. Water Division 1, Water District 1 Dear Mr. Gathman: We have reviewed the above referenced proposal for an agricultural service establishment primarily engaged in performing agricultural, animal husbandry or horticultural services on a fee or contract basis including a livestock confinement operation. Since the submitted material does not appear to qualify as a "subdivision" as defined in §30-28- 101(10)(a), C.R.S., pursuant to the State Engineer's March 4, 2005 memorandum to county planning directors, this office will only perform a cursory review of the referral information and provide comments. The comments will not address the adequacy of the water supply plan for this development or the ability of the water supply plan to satisfy any County regulations or requirements. From the submitted materials it appears the applicant intends to use an existing well located on the property currently owned by the applicant, another existing well located on an adjacent parcel under contract by the applicant to purchase, and a proposed third well, all to serve two existing residences, two proposed mobile employee houses, and a livestock confinement operation for the raising of calves. The well located on the parcel described as Lot B of RE-3515, which is currently owned by the applicant, is permitted under well permit number 247289. This well was constructed on January 30, 1998 under permit number 199037-A as an emergency replacement of a well originally constructed in 1997. Permit number 199037-A was cancelled upon issuance of permit number 247289, which was approved as a change in the legal description of the parcel on which the well is located. Permit number 247289 is approved as the only well on 40 acres described as the E1/2 of the W1/2 of the SW1/4 of Section 19, Twp. 7 N., Rng. 63 W of the 6th PM, Weld County. This well is permitted to serve up to three single family dwellings, the irrigation of not more than one acre of home lawn and gardens and the watering of domestic animals. The well located on the adjacent parcel which, as indicated in the submittal material, is under contract by the applicant to purchase, is permitted under permit number 199602. This well was constructed on December 9, 1996 and is approved as the only well on 80 acres described as the E1/2 of the SW1/4 of Section 19, Twp. 7 N., Rng 63 W of the 6th PM, Weld County. This well is also permitted to serve up to three single family dwellings, the irrigation of no more than one acre of home lawn and gardens, and the watering of domestic • Weld County Planning Department Page 2 Contreras Farms November 22, 2006 animals. The applicant indicated that a third domestic well is proposed to serve as a back-up supply. Considering the well permits currently issued in the SW1/4 of Section 19, a well permit for this proposed third domestic well could not be approved. Currently, the two well permits referenced above and a third well permit, number 247288, tie up the entire SW1/4 section. In addition to the 40 and 80 acre parcels described for permit numbers 247289 and 199602, the well constructed under permit number 247288, which is located on Lot A of RE-3515, is approved as the only well on the remaining 40 acres of the SW1/4 section described as the W1/2 of the W1/2 of the SW1/4 of Section 19. In order to obtain another well permit, some or all of the descriptions of the parcels served by three wells must be reconfigured in order to allow another domestic well in the SW1/4 section. A change in the legal description of a parcel requires an application (submitted by the current well owner) for a new well permit and the statutory $100 filing fee. Please note that due to the creation of Lot A, changing the legal description of the well on Lot A currently permitted under permit number 247288, could result in a reduction of allowed uses of the well to ordinary household purposes only within a single- family dwelling, where no outside uses would be allowed. However, a greater concern is the use of these wells as a water supply for the livestock confinement operation (the calf raising operation). These wells as currently permitted are exempt from administration in the water rights priority system. Pursuant to §37-92-602, C.R.S., in order to qualify as exempt, the well must be the only well on a parcel of 35 acres or more and use of the well is strictly limited to serving up three single family dwellings, fire protection, the irrigation of not over one acre of home lawn and gardens, and the watering of poultry, domestic animals, and livestock on farms and ranches. It is the intent of the statute which allows certain uses of ground water to be exempt from administration, to provide a means to obtain a water supply in less densely populated areas for"in-house and domestic animal uses". A livestock confinement operation such as this proposed calf raising operation is not considered an exempt use and therefore the use of these wells in such an operation would be a violation of the conditions of approval of these well permits. The use of these wells to serve a livestock confinement operation would withdraw water ground water hydraulically connected to an over- appropriated stream system and will cause material injury to other water rights. As such, an augmentation plan would be required to offset depletions caused by the pumping of all wells utilized in the calf raising operation. If you have any questions in this matter, please contact Megan Sullivan of this office. Sincerely, Kevin Rein, P.E. Chief of Water Supply Cc: Jim Hall, Division Engineer Brent Schantz, Water Commissioner, Water District 1 Permit files KGR/MAS/Contreras Livestock Confinement Operation (Weld) Hello