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INVENTORY OF ITEMS FOR CONSIDERATION
APPLICANT: Raymond, Debra and Lupe Carpio/Horizon-Vue Dairy CASE#: USR-1340
Submitted or Prepared
Prior to At
Hewing Hawing
g
1 Planning Commission Resolution
2 Department of Planning Services' Field Check X
3 Department of Planning Services'Staff Review X
4 Legal Notice X
5 Letter to Applicant X
6 Application X
7 Referral List, Referrals without Comments X
8 Weld County Department of Public Health and Environment, X
referral received 06-25-01.
9 Weld County Department of Public Works,referral received X
06-22-01.
10 State Division of Water Resources,referral,received 06.15-01. X
11 Weld County Department of Building Inspection,referral X
received
06-13-01.
12 Weld County Cooperative Extension,referral received 06-27-01. X
13 Vicinity map + X
14 Two 8%X 11 maps submitted by applicant X
15 Deed(s)/Certificate of Conveyance X
16 Surrounding Property/Mineral Owners X
17 Soli Survey X
18 photo of posting from staff X
Item(s)submitted at Planning Commission:
I hereby certify that the 17 items identified herein (Inventory of Items for Consideration-Case # USR-1340) were
submitted at or prior to the scheduled Planning Commission Hearing. I fu er certify that the r were
subsequently forwarded to the Weld County Clerk to the Board's Office.� 4 ure fight Plan
rr
n c fatst2001-2363
Page 1
III Re LAND
SUMM SUMMARY SHEET
COLORADO
Case Number: USR-1340 Hearing Date: July 17, 2001
Applicant: Raymond, Debra and Lupe Carpio/Horizon-Vue Dairy
27503 Weld County Road 57
Gill, CO 80624
Situs: 32209 WCR 57
Request: A 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 Livestock
Confinement Operations (the expansion of an existing dairy to 2,000 head) in the
Agricultural Zone District.
Legal Description: E2SE4 of Section 22,Township 6 North, Range 64 West of the 6th P.M.,Weld
County, Colorado
Location: West of and adjacent to Weld County Road 57 and north of and adjacent to Weld
County Road 66
Size of Parcel: +/- 70 acres
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is 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 received 6/13/2001
• Weld County Department of Public Health and Environment, referral received 6/25/2001
• Weld County Department of Public Works, referral received 6/22/2001
• Weld County Department of Building Inspection, referral received 6/13/2001
• Weld County Cooperative Extension, referral received 6/27/2001
• Galeton Fire Protection District, referral received 6/11/2001
• West Greeley Soil Conservation District, referral received 6/11/2001
USDA-APHIS Veterinary Service, referral received 6/7/2001
• Division of Wildlife, referral received 6/13/2001 • E X H I•ill T
j 3
Page 2
State Water Engineer, referral received 6/15/2001
fzi SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
WIIDe.
COLORADO
Planner: Lauren Light
Case Number: USR-1340 Hearing Date: July 17, 2001
Applicant: Raymond, Debra and Lupe Carpio/Horizon-Vue Dairy
27503 Weld County Road 57
Gill, CO 80624
Situs: 32209 WCR 57
Request: A 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 Livestock
Confinement Operations (the expansion of an existing dairy to 2,000 head) in the
Agricultural Zone District.
Legal Description: E2SE4 of Section 22,Township 6 North, Range 64 West of the 6th P.M.,Weld
County, Colorado
Location:West of and adjacent to Weld County Road 57 and north of and adjacent to Weld County
Road 66
Parcel Size: +/- 70 acres Parcel Numbers: 0801 22 400077; 0801 22 400078
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. A.Goal 1 states,"Preserve
prime farmland for agricultural purposes which foster the economic health and
continuance of agricultural." The U.S.D.A.Soil Conservation Map indicates that the
Page 3
property is "prime and irrigated land, not prime". A. Policy 1 states "Agricultural
zoning will be established and maintained to protect and promote the County's
agricultural industry." The proposal will also benefit those commercial and industrial
uses directly related to agriculture, as well as benefit the farmers in the area who
will provide feed and other products to the dairy.
b. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A
(Agricultural)Zone District.Section 23-3-40.B.16 of the Weld County Code provides
for Agricultural Service Establishments primarily engaged in performing agricultural,
animal husbandry, or horticultural services on a fee or contract basis, including
livestock confinement operations as a Use by Special Review in the A(Agricultural)
Zone District.
c. Section 23-2-220.A.3—The uses which will be permitted will be compatible with the
existing surrounding land uses. The dairy has been in operation since early 1960
and is considered a non-conforming use for the existing number of cattle. The
surrounding land uses consist of farming operations to the north, south and east
and a rural residence to the west. The expansion of the dairy will remain compatible
with the existing adjacent land uses.
d. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with
future development of the surrounding area as permitted by the existing zoning and
with the future development as projected by Chapter 22 of the Weld County Code
and any other applicable code provisions or ordinances in effect, or the adopted
Master Plans of affected municipalities. The proposed expansion is not within a
three mile referral area of any municipality.
e. Section 23-2-220.A.5 --The site does not lie within any Overlay Districts.
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 dairy
has been in existence for over thirty years and the expansion will not take a
significant amount of prime farm ground out of production. Due to the constraints
of both the irrigation ditch and the County road the proposed expansion location will
not affect prime farm ground.
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.
h. Section 23-4-710 - The applicant shall comply with the additional requirements of
the Livestock Feeding Performance Standards.
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.
Page 4
The Department of Planning Services' staff recommendation for approval is conditional upon the
following:
1. The attached Development Standards for the Special Review Permit shall be adopted and
placed on the Special Review Plat prior to recording. The completed plat shall be delivered
to the Weld County Department of Planning Services and be ready for recording in the
Weld County Clerk and Recorder's Office within 180 days of approval by the Board of
County Commissioners. (Department of Planning Services)
2. Prior to recording the plat:
A. The facility shall demonstrate compliance with the Confined Animal Feeding Operations
Control (CAFO)Regulations and the additional requirements outlined below. This shall
be demonstrated by submitting a comprehensive Manure and Waste Water
Management Plan, for a 2,000 head dairy, to the Weld County Department of Public
Health and Environment for review and approval. A copy of the plan shall be submitted
to the Department of Planning Services. Evidence of Health Department approval of
the plan shall be submitted to the Department of Planning Services. This plan shall
include, but not be limited to the following:
1) Demonstration that all manure stockpile areas and waste water collection,
conveyance, and retention facilities are adequately sized and constructed
to handle and retain the storm water run-off generated from a twenty-five
year,twenty-four hour storm event.This shall be conducted by a Registered
Professional Engineer. (Department of Public Health and Environment)
2) Demonstration that any existing or proposed waste water retention structure
has been or will be constructed in accordance with the criteria described in
the CAFO Regulations. The demonstration shall be conducted by a
Registered Professional Engineer. (Department of Public Health and
Environment)
3) A site map demonstrating the layout of the site. This should include the
locations of all pens, structures, feed storage areas, any water courses
through the property, manure storage areas, lagoons, etc. (Department of
Public Health and Environment)
4) A surface contour map which demonstrates all surface water control
features on the site. This should include surveyed surface elevations,
indicate flow direction, run-on control features, etc. (Department of Public
Health and Environment)
5) Demonstration that the facility has the ability to manage, dispose, and/or
land apply manure and waste water at agronomic rates in accordance with
the CAFO Regulations. (Department of Public Health and Environment)
Page 5
6) Demonstration that adequate measures are in place to prevent any
discharges except those which are allowed by the CAFO Regulations.
(Department of Public Health and Environment)
7) Other necessary measures which are required in order to comply with the
CAFO Regulations. (Department of Public Health and Environment)
8) A description of the types of records that will be maintained on the facility,
as required by the CAFO Regulations. (Department of Public Health and
Environment)
B. In accordance with CAFO, the applicant shall submit the facility's Manure and
Waste Water Management Plan to the Colorado Department of Public Health and
Environment for review and comment. A copy of the plan shall be submitted to the
Department of Planning Services. Evidence of the State Health Department's
approval of the plan shall be submitted to the Department of Planning Services.
(Department of Public Health and Environment)
C. A Dust Abatement Plan shall be submitted to the Weld County Department of Public
Health and Environment for review and approval. A copy of the plan shall be
submitted to the Department of Planning Services. Evidence of Health Department
approval of the plan shall be submitted to the Department of Planning Services.
(Department of Public Health and Environment)
D. A Fly Control Plan shall be submitted to the Weld County Department of Public
Health and Environment for review and approval. A copy of the plan shall be
submitted to the Department of Planning Services. Evidence of Health Department
approval of the plan shall be submitted to the Department of Planning Services.
(Department of Public Health and Environment)
E. An Odor Control Plan shall be submitted to the Weld County Department of Public
Health and Environment for review and approval. A copy of the plan shall be
submitted to the Department of Planning Services. Evidence of Health Department
approval of the plan shall be submitted to the Department of Planning Services.
(Department of Public Health and Environment)
F. All septic systems located on the property shall have appropriate permits from the
Weld County Department of Public Health & Environment. The Environmental
Health Division of the Weld County Department of Public Health&Environment was
unable to locate a septic permit for any of the existing septic systems(serving either
home or the milking parlor) located on the property. Any existing septic system
which is not currently permitted through the Weld County Department of Public
Health&Environment will require an I.S.D.S. Evaluation prior to the issuance of the
required septic permit. In the event the system is found to be inadequate, the
system must be brought into compliance with current I.S.D.S. regulations.
Page 6
(Department of Public Health and Environment)
G. The applicant shall address the recommendation of the State Water Engineer as
stated in the referral response received June 15, 2001. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services.
(Department of Planning Services)
H. Conform to Section 23-2-260.D of the Weld County Code. (Department of Planning
Services)
3. Prior to release construction:
A. Building permit and review are required for any additions or remodel of the milk barn
parlor. (Weld County Building Inspection)
4. The 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)
Page 7
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
HORIZON-VUE DAIRY/RAYMOND, DEBRA AND LUPE CARPIO
USR-1340
1. The Site Specific Development Plan and Special Use Permit is 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(dairy expansion to 2,000 head)in the A(Agricultural)Zone District,as indicated
in the application materials on file 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. Fugitive dust shall be controlled on this site. The facility shall be operated in accordance
with the approved Dust Abatement Plan at all times. (Department of Public Health and
Environment)
4. All liquid and solid waste shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
5. 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.
(Department of Public Health and Environment)
6. The facility shall maintain compliance with Confined Animal Feeding Operations Control
Regulations (5 CCR 1002-19) and Section 23-4-710 of the Weld County Code.
(Department of Public Health and Environment)
7. 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. (Department of Public Health
and Environment)
8. Any required NPDES Permit shall be maintained in compliance with the Water Quality
Control Division of the Colorado Department of Public Health&Environment. (Department
of Public Health and Environment)
9. The facility shall not discharge run-off or other waste waters to surface or groundwater with
exception to what is allowed by the Confined Animal Feeding Operations Control
Regulations. (Department of Public Health and Environment)
10. Wastes 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 and Environment)
Page 8
11. 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 the Confined Animal Feeding Operations Control
Regulation (5 CCR 1002-19). (Department of Public Health and Environment)
12. The facility shall be operated in accordance with the approved Odor Abatement Plan.
Odors detected off site shall not equal or exceed the level of fifteen-to-one dilution
threshold, as measured pursuant to 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 judgement
of the Weld County Health Officer, there exists an odor condition requiring abatement.
(Department of Public Health and Environment)
13. A spillage retention berm shall be required around any fuel container with a volume greater
than 50 gallons. The volume retained by the spillage berm should be greater than the
volume of the largest tank inside the berm. (Department of Public Health and Environment)
14. The facility shall be operated in a manner to control flies. The facility shall be operated in
accordance, at all times, with the approved Fly Control Plan. 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. The plan 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 judgement of the Weld County Health Officer, there exists a fly condition requiring
abatement. (Department of Public Health and Environment)
15. Any septic system located on the property must comply with all provisions of the Weld
County Individual Sewage Disposal System Regulations. (Department of Public Health and
Environment)
16. There shall be no burning conducted at the site, with exception to burning defined as
"agricultural open burning" as defined by Regulation No. 1 of the Colorado Air Quality
Control Commission Regulations. (Department of Public Health and Environment)
17. The facility shall be operated in accordance with the approved Manure and Waste Water
Management Plan. (Department of Public Health and Environment)
18. Off-site parking adjacent to WCR 57 or WCR 66 is not allowed. Utilize on-site parking only.
(Department of Public Works)
19. All feed alleys shall be graded and surfaced with gravel to prevent drainage problems.
(Department of Public Works)
Page 9
20. The hours of operation are up to 24 hours per day, 365 days per year. Equipment
operations, trucks, farming activities and maintenance activities, other than emergencies,
will occur primarily during daylight hours. (Department of Planning Services)
21. All construction on the property shall be in accordance with the requirements of Chapter 29
of the Weld County Code. (Weld County Building Inspection)
22. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
23. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
24. Personnel from the Weld County Departments of Public Health and Environment and
Planning Services 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.
25. 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.
26. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards
may be reason for revocation of the Permit by the Board of County Commissioners.
' DEPARTMENT OF PLANNING SERVICES
CPHONE (970) 353-6100, EXT.3540
FAX (9(970) 304-04-6498
1555 N. 17TH AVENUE
COLORADO GREELEY, COLORADO 80631
May 30, 2001
Raymond, Debra, and Lupe Carpio
Horizon-Vue Dairy
c/o AgPro Services
4311 Hwy 66, Suite 4
Longmont, CO 80504
Subject: USR-1340- Request for a Site Specific Development Plan and Use by Special Review Permit for
an Agricultural Service Establishment primarily engaged in performing agricultural, animal
husbandry, or horticultural services on a fee or contract basis, including Livestock Confinement
Operations (the expansion of an existing dairy and animal confinement operation for a 2,000
head dairy) in the Agricultural Zone District. on a parcel of land described as E2SE4 of Section
22, T6N, R64W of the 6th P.M., Weld County, Colorado.
Dear Tom Haren:
Your application and related materials for the request described above are being processed. I have scheduled
a meeting with the Weld County Planning Commission for July 17,2001,at 10:00 a.m. This meeting will take
place in Room 210, Weld County Planning Department, 1555 N. 17th Avenue, Greeley, Colorado. It is
recommended that you and/or a representative be in attendance to answer any questions the Planning
Commission members may have.
A representative from the Department of Planning Services will be out to the property a minimum of ten days
prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which
identifies the hearing time,date,and location. In the event the property is not adjacent to a publicly maintained
road right-of-way, one sign will be posted in the most prominent place on the property and a second sign
posted at the point at which the driveway(access drive) intersects a publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to the
Weld County Planning Commission. This recommendation will be available twenty-four(24)hours before the
scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services'office
before the.Planning Commission hearing to make arrangements to•obtain the recommendation.
If you have any questions concerning this matter, please call.
Respectfully,
Lauren Light
Planner
EXHIBIT
FIELD CHECK
CASE NUMBER: USR-1340 DATE OF INSPECTION: to -5-6/
APPLICANT'S NAME: Raymond, Debra, and Lupe Carpio/Horizon-Vue Dairy, do AgPro
PLANNER: Lauren Light
REQUEST: Site Specific Development Plan and Use by Special Review Permit for an Agricultural Service
Establishment primarily engaged in performing agricultural, animal husbandry, or horticultural
services on a fee or contract basis,including Livestock Confinement Operations(the expansion
of an existing dairy and animal confinement operation for a 2,000 head dairy)in the Agricultural
Zone District.
LEGAL DESCRIPTION: E2SE4 of Section 22, T6N, R64W of the 6th P.M., Weld County, Colorado.
LOCATION: West of and adjacent to WCR 57; north of and adjacent to WCR 66.
LAND USE: 1/4-01a
ZONING: N A(Agricultural)
E A(Agricultural)
S A(Agricultural)
W A(Agricultural)
COMMENTS:
OLZP ,urn ( 2d .irr& ,Ac a rine
P.C. Member
EXHIBIT
FIELD CHECK Inspection date: June 21, 2001
CASE NUMBER: USR-1340
APPLICANT: Raymond, Debra and Lupe Carpio/Horizon-Vue Dairy
LEGAL DESCRIPTION: E2SE4 of Section 22, Township 6 North, Range 64 West of the
6th PM, Weld County, CO
LOCATION: West of and adjacent to WCR 57; north of and adjacent to WCR 66.
Zoning Land Use
N A (Agricultural) N Hay/residence
E A (Agricultural) E Corn/row crop
S A (Agricultural) S Hay
W A (Agricultural) W Residence
COMMENTS:
Dairy appeared to be well maintained. Expansion area is north of the existing dairy and will not
be visible to residence north of the irrigation ditch.
Lauren Light, Planner
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