HomeMy WebLinkAbout20071223.tiff MEMORANDUM
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TO: Chris Gathman, Planning Services DATE: January 2, 2007
FROM: Jesse Hein, Public Works Department
� SUBJECT: USR-1595, Monta Vista Dairy
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 and REQUIREMENTS:
Weld County Road Classification Plan (FHU): (June 2002)
External Roads: WCR's 64 and 61 are local gravel roads and require a 60-foot right-of-way at full build out.
There is presently a 60-foot right-of-way. These roads are maintained by Weld County. Pursuant to the
definition of SETBACK in the Weld County Zoning Ordinance (23-1-90), the required setback is measured from
the future right-of-way line.
The applicant shall verify the existing right-of-way for WCR's 64 and 61, and the documents creating the right-
--way shall shall be noted on the plot plan map. 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.
Access: The applicant shall utilize the two existing access points from WCR 64 delineated on the plot plan
map for use of the USR facility.
There are presently two access points for oil and gas roadways. One access is located at the NE corner of the
property (WCR 64), and another is located at the SW corner (WCR 61). The applicant shall continue to utilize
these access points for oil and gas facility purposes only.
Internal Roads: The applicant shall utilize the proposed internal roadway system for the site. The roadway
shall be a graded and paved roadway to provide an all weather surface.
Off-Street Parking: All parking for the site must be off street and internal. The applicant shall identify and
separate employee and visitor parking spaces and delineate on the site plan map. Each parking space shall be
equipped with wheel guards or curb blocks when necessary to prevent vehicles from extending beyond the
boundary of the space and from coming into contact with other vehicles, walls, fences or planting.
N. ADA requirements shall be met for this site. Parking Lots shall conform to all standards of the Americans with
Disabilities Act. Public Works recommends striping of the parking and to identify the ADA space(s) with the
appropriate symbols and signs.
EXHIBIT
n
- 1 -
2007-1223
Chris Gathman
Monta Vista Dairy, USR 1595
—'anuary 3, 2007
age 2
Storm Water Drainage: Storm water drainage shall be referred 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 Regulations (State of Colorado).
This area is not in the FEMA Flood Zones.
'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.
pc: USR-1595 M:\PLANNING—DEVELOPMENT REVIEW\USR-Use by Special Review\USR-1595.DOC
- 2 -
a
MEMORANDUM
Kit ;Nr,„:1
TO: CHRIS GATHMAN, DEPT OF PLANNING SERVICES
' FROM: TROY E. SWAIN
SUBJECT: USR-1595,C. DATE: ANUARY 18, 2007 GARRET& CARLA DA VRIES
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, AgPro. Representatives
of AgPro have 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 and accept a 10,000 head limit with no more than 5,000 head milking. Therefore, our
referral comments will reflect these facts.
The Weld County Department of Public Health and Environment has reviewed this application.
We recommend approval of the proposed dairy with the following recommendations:
The Department recommends the following requirement be met prior to allowing the plat to be
recorded:
1. 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)].
2. Provide evidence that a Standard Operating Procedure for sludge and manure removal
(cleaning of impoundments to maintain capacity)has been submitted for approval to the
Colorado Water Quality Control Division required by Colorado Water Quality Control
Commission Regulation Number 81 [81.5 (3)].
3. 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)].
4. Provide evidence that a CAFO Colorado Discharge Permit has been applied for or
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.
'8, 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.
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.
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.
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 Depaitutent 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.
1. 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.
'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
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.
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.
0. 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.
i1. 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.
''f2 There shall be no permanent disposal of solid wastes, as defined in the Regulations
ertaining to Solid Waste Disposal Sites and Facilities (6 CCR 1007-2), at this site.
"I-1. 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.
�4. 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.
1\. If required, a stormwater discharge permit shall be obtained from the Colorado Water
Quality Control Division for construction activities.
3
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a r‘(0471} e...)111114P Weld County Referral
IIIID
December 5, 2006
e The Weld County Department of Planning Services has received the
COLORADO following item for review:
Applicant Garrett& Carla Devries Case Number USR-1595
Please Reply By January 3, 2007 Planner Chris Gathman
Project A Site Specific Development and Special Review Permit for an Agricultural Service
Establishment primarily engaged in performing agricultural, animal husbandry, or ri
horticultural services on a fee or contract basis including Livestock Confinements
Operations (a dairy operation for a total of 10,000 head of cattle including milking I
cows, dry cows, heifers and calves) in the A(Agricultural)Zone District
Legal NW4 of Section 31, T6N, R63W of the 6th P.M., Weld County, Colorado.
Location East of and adjacent to CR 61; south of and adjacent to CR 64. i
f
Parcel Number 0799 31 200009
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request. Please note that new
information may be added to applications under review during the review process. If you desire to
examine or obtain this additional information, please call the Department of Planning Services.
Weld County Planning Commission Hearing (if applicable) February 6, 2007
❑ 1e-rave reviewed the request and find that it does/does not comply with our Comprehensive Plan
We have reviewed the request and find no conflicts with our interests.
❑ See attached letter.
Comments:
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Signature 62,,
�xnw ' Date I,.. 5 -01p
Agenc
:•Weld County Planning Dept. 4.918 10th Street, Greeley,CO.80631 4(970)353-6100 ext.3540 4(970)304-6498 fax
fia
lt Weld County Referral
w11D December 5, 2006
C. y
The Weld County Department of Planning Services has received the
COLORADO following item for review:
Applicant Garrett& Carla Devries Case Number USR-1595 E
Please Reply By January 3, 2007 Planner Chris Gathman I fProject A Site Specific Development and Special Review Permit for an Agricultural Service
Establishment primarily engaged in performing agricultural, animal husbandry, or ,
horticultural services on a fee or contract basis including Livestock Confinements
Operations (a dairy operation for a total of 10,000 head of cattle including milking
cows, dry cows, heifers and calves) in the A(Agricultural)Zone District
Legal NW4 of Section 31, T6N, R63W of the 6th P.M., Weld County, Colorado. I
Location East of and adjacent to CR 61; south of and adjacent to CR 64.
Parcel Number 0799 31 200009
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request. Please note that new
information may be added to applications under review during the review process. If you desire to
examine or obtain this additional information, please call the Department of Planning Services.
Weld County Planning Commission Hearing (if applicable) February 6, 2007
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
❑/tNe have reviewed the request and find no conflicts with our interests.
See attached letter.
Comments:
Signature Q ,,,,� Date /— 9-a6
Agency 4(pit/ '4 is/c oil
+Weld County Planning Dept. ❖918 10th Street,Greeley, CO. 80631 +(970)353-6100 ext.3540 +(970)304-6498 fax
•
6 DEPARTMENT OF BUILDING INSPECTION
Weld County Administrative Offices
918 10th Street, Greeley, CO 80631
WEBSITE: www.co.weld.co.us
Phone(970) 353-6100, Ext. 3540
Fax (970) 304-6498
COLORADO
January 4, 2007
Garret & Carla Devries
USR-1595
Site Specific Development Plan and Special Review Permit for an Agricultural service establishment primarily
engaged in performing agricultural, animal husbandry, or horticultural services on a fee or contract basis
including livestock confinement operations ( a dairy operation for a total of 10,000 head of cattle including milking
cows, dry cows. Heifers, and calves) in the A (agricultural zone district).
1. A building permit shall be obtained prior to the construction of any new building.
2. A plan review is required for each building for which a building permit is required. Plans shall include a floor
man. Plans shall bear the wet stamp of a Colorado registered architect or engineer. Two complete sets of plans
required when applying for each permit. Provide a Code Analysis Data sheet provided by the Weld County
Building Department with each Building permit application.
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
Mechanical Code; 2003 International Plumbing Code; 2003 International Fuel Gas Code; and the 2005 National
Electrical Code and Chapter 29 of the Weld County Code.
4. Fire resistance of walls and openings, construction requirements, maximum building height and allowable
areas will be reviewed at the plan review. Setback and offset distances shall be determined by the Zoning
Ordinance.
5. Building height shall be measured in accordance with the 2003 International 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 final approval of building permits.
8. There are three active building permits and one electrical permit with final status on record.
Sinc y,
R gerV' it
Building Official
Service,Teamwork,Integrity,Quality
Kis (it �' Weld County Referral
IDecember 5, 2006
The Weld County Department of Planning Services has received the
COLORADOfollowing item for review:
Applicant Garrett & Carla Devries Case Number USR-1595
Please Reply By January 3, 2007 Planner Chris Gathman
Project A Site Specific Development and Special Review Permit for an Agricultural Service
Establishment primarily engaged in performing agricultural, animal husbandry, or
horticultural services on a fee or contract basis including Livestock Confinements
Operations (a dairy operation for a total of 10,000 head of cattle including milking I
cows, dry cows, heifers and calves) in the A(Agricultural) Zone District
Legal NW4 of Section 31, T6N, R63W of the 6th P.M., Weld County, Colorado.
Location East of and adjacent to CR 61; south of and adjacent to CR 64.
Parcel Number 0799 31 200009
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request. Please note that new
information may be added to applications under review during the review process. If you desire to
examine or obtain this additional information, please call the Department of Planning Services.
Weld County Planning Commission Hearing (if applicable) February 6, 2007
• We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
❑ We have reviewed the request and find no conflicts with our interests.
❑ See attached letter.
Comm////rents: //t
Signature / Date r Z/7/o6
Agency t)14- � /-jeq I /G.-"M /
❖Weld County Planning Dept. ❖918 10th Street, Greeley,CO.80631 ❖(970)353-6100 ext.3540 +(970)304-6498 fax
STATE OF COLORADO
iFFICE OF THE STATE ENGINEER lop'c
Division of Water Resources /,,-
•'r•.
Department of Natural Resources �I \
r
1313 Sherman Street,Room 818 {y I�
Denver,Colorado 80203 December 26, 2U'86 County Planning Department `18743•
Phone(303)866-3581 GREELEY OFFICE
FAX 1303)866-3589 Bill Owens
www.water.gate,co.y5
JAN - 5 2007 Governor
urirls Gathman Russell George
Weld County Planning Department RECEIVED Executive Director
1555 N 17th Avenue Hal D.Simpson,P.E.
State Engineer
Greeley, CO 80631
Re: Devries Site Specific Development Plan and Special Permit Review
Case No. USR-1595
Sec. 31, T6N, 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 (a dairy
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 submittal materials, it is not clear what the source of water for the dairy
operation will be. The applicant indicated that on the property there are three irrigation wells, a
domestic well, irrigation water rights in the Cache la Poudre Irrigation District, and one North
Weld County Water District tap. However, the applicant did not explain which of these sources
will be used to provide water to the dairy operation. Of concern is if the applicant intends to use
any of the wells or the irrigation water rights as a source of water for the dairy operation, as this
would result in the requirement for the wells to operate under a plan of augmentation and
possibly a water court decreed change of water right for the use of water from the Cache la
Poudre Irrigation District.
The three irrigation wells were decreed in case no. CA-11217 by the District Court in and
for the County of Larimer, State of Colorado, to be used for the irrigation of 320 acres located in
the W1/2 of Section 31, Township 6 North, Range 63 West of the 6th P.M. Any use of these
wells other than for the decreed irrigation purposes would require a change of water right.
However any change of water right regarding these wells would subject the well(s) to current
statutes, rules, and policies. As such, for the new use, the wells would withdraw water ground
water hydraulically connected to an over-appropriated stream system and will cause material
injury to other water rights. With a new use, an augmentation plan would be required to offset
-
weld County Planning Department Page 2
Devries Special Use
December 26, 2006
depletions caused by the pumping of any of these three wells if they were to be utilized in the
dairy.
The domestic well was permitted on September 26, 1994 under permit no. 181930 as a
registration of an existing well constructed in 1969, pursuant to §37-92-602(5), C.R.S. The use
of this well is limited to the historical uses described as ordinary household purposes inside one
single family dwelling, fire protection, the watering of domestic animals, poultry, and livestock on
a farm or ranch, and the irrigation of not more than one acre of home gardens and lawns. This
well as currently permitted is 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 limited to the
historical uses in place prior to May 8, 1972, and these historical uses cannot exceed the
statutory maximum of 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 dairy is not an exempt use and therefore the use of this well in
such an operation would be a violation of the conditions of approval of the well permit. The use
of this well to serve the dairy would withdraw 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 this well,
should it be utilized in the dairy.
Finally, to use the water from the Cache la Poudre Irrigation District for any purpose
other that which is allowed by decree may cause material injury to surrounding water rights. If
the use of water from the Cache la Poudre Irrigation District is limited to irrigation, then a
change of water right approved by the water court is required in order to use this water in the
dairy operation. If the applicant intends to use water from the Cache la Poudre Irrigation
District, the applicant should demonstrate that use within the dairy operation is allowed pursuant
to a water court decree.
If you have any questions in this matter, please contact Megan Sullivan of this office.
Sincerely, pp
Kevin G. Rein, P.E.
Chief of Water Supply
Cc: Jim Hall, Division Engineer
Brent Schantz, Water Commissioner, Water District 1
Permit files
KGR/MAS/Devries Special Use (Weld)
Weld CouW bIDP9e my Referral
GREELEY OFFICE
' DEC 2 g 2006 December 5, 20O6
C RECEIVED
The Weld County Department of Planning Services has received the
COLORADOfollowing item for review:
Applicant Garrett& Carla Devries Case Number USR-1595 F
Please Reply By January 3, 2007 Planner Chris Gathman
tProject A Site Specific Development and Special Review Permit for an Agricultural Service
Establishment primarily engaged in performing agricultural, animal husbandry, or
horticultural services on a fee or contract basis including Livestock Confinements
Operations (a dairy operation for a total of 10,000 head of cattle including milking ,
cows, dry cows, heifers and calves) in the A(Agricultural) Zone District
Legal NW4 of Section 31, T6N, R63W of the 6th P.M., Weld County, Colorado.
Location East of and adjacent to CR 61; south of and adjacent to CR 64.
Parcel Number 0799 31 200009
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request. Please note that new
information may be added to applications under review during the review process. If you desire to
examine or obtain this additional information, please call the Department of Planning Services.
Weld County Planning Commission Hearing (if applicable) February 6, 2007
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
tic We have reviewed the request and find no conflicts with our interests.
tic See attached letter.
Comments:
Signature Date December 19 . 2006
Agency Platte Valley School District
❖Weld County Planning Dept. +918 10th Street, Greeley,CO.80631 ❖(970)353-6100 ext.3540 +(970)304-6498 fax
@7latte SU/ley @School
WELD COUNTY DISTRICT RE-7
P.O. BOX 485 - KERSEY, COLORADO 80644 -970/336-8500- FAX 970/336-85 I I
E.GLENN MOCLAIN,SUPERINTENDENT
December 19, 2006
Weld County Planning Department
1555 N. 17th Avenue
Greeley, CO 80631
RE: Land Dedication—Devries—USR-1595
The Board of Education of Platte Valley School District, Weld RE-7 passed the land dedication,
'"' cash-in-lieu policy at the March 13, 2000 meeting. This policy addresses new developments and
recorded exemptions that would affect the district. The policy is specifically intended for land use
that will create a new residence. It is our interpretation of the USR Application forwarded to us that
no new residential lots will be developed. Should new residential lots be developed for employee
housing,etc.,the district would require a cash-in-lieu payment on each new lot. Therefore,no cash-
in-lieu payment is due at this time.
As the intended use will not change the existing use,our transportation department will not need to
be consulted regarding an additional bus stop.
Please contact my office if you have any questions.
Sincerely,
C/1 .
E. Glenn McClain, Jr.
Superintendent
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