HomeMy WebLinkAbout20010901.tiff Memorandum
TO: Julie Chester, Department of Planning
' DATE: February 22, 2001
(�4>r'raTt .C. FROM: Trevor Jiricek, Department cc{ alth and
f�/�i'd-G�ta'Yt Dept. Environment
200 SUBJECT: AmUSR-1140, Marcy Daniels-
Gruber/Moriah Holsteins, LLC
RECEIVED
The Weld County Department of Public Health and Environment has reviewed this
application. We recommend for approval of the dairy with numerous recommended
conditions and standards. We have attempted to simplify our referral by separating the
proposed conditions into conditions of approval and development standards.
The following are recommended to be conditions of approval:
1. 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 4,000
head dairy, to the Weld County Department of Public Health and
Environment for review and approval. 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 .
(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.
(3) A site map demonstrating the layout of the site. This should
include the locations of all pens, structures, feed storage areas,
EXHIBIT
2001-0901 1 /3
Marcy Daniels-Gruber/Moriah Holsteins, LLC
Page 2
any water courses through the property, manure storage areas,
lagoons, etc.
(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.
(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.
(6) Demonstration that adequate measures are in place to prevent any
discharges except those which are allowed by the CAFO
Regulations.
(7) Other necessary measures which are required in order to comply
with the CAFO Regulations.
(8) A description of the types of records that will be maintained on the
facility, as required by the CAFO Regulations.
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.
C) A dust abatement plan shall be submitted to the Weld County Department
of Public Health and Environment for review and approval.
D) A fly control plan shall be submitted to the Weld County Department of
Public Health and Environment for review and approval.
E) An odor control plan shall be submitted to the Weld County Department of
Public Health and Environment for review and approval.
The following are recommended to be development standards:
1. Fugitive dust shall be controlled on this site. The facility shall be operated in
accordance with the approved dust abatement plan at all times.
2. All liquid and solid waste shall be stored and removed for final disposal in a
manner that protects against surface and groundwater contamination.
3. There shall be no permanent disposal of solid wastes, as defined in the
Marcy Daniels-Gruber/Moriah Holsteins, LLC
Page 3
Regulations Pertaining to Solid Waste Disposal Sites and Facilities (6 CCR
1007-2), at this site.
4. The facility shall maintain compliance with Confined Animal Feeding Operations
Control Regulations (5 CCR 1002-19) and, Section 47 of the Weld County
Zoning Ordinance, as amended.
5. The facility shall adhere to the maximum permissible noise levels allowed in the
Industrial Zone as delineated in Section 25-12-103 C.R.S, as amended.
6. Any required NPDES Permit shall be maintained in compliance with the Water
Quality Control Division of the Colorado Department of Public Health &
Environment.
7. All construction on the property shall be in accordance with the requirements of
the Weld County Building Code Ordinance, as amended.
8. 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.
9. 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.
10. 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).
11. 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.
Marcy Daniels-Gruber/Moriah Holsteins, LLC
Page 4
12. 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.
13. 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.
14. Any septic system located on the property must comply with all provisions of the
Weld County Individual Sewage Disposal System Regulations.
15. 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.
16. The facility shall be operated in accordance with the approved manure and
waste water management plan.
0'.\CAFO\MORIAHhefenal FEB 2000 wpd
'14-..--i Weld County lirill
a/
igJanuary 17, 2001
Cs
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Marcy Daniels-Gruber/ Case Number AmUSR-1140
Moriah Holsteins, LLC
Please Reply By February 7, 2001 Planner Julie Chester
F
Project Site Specific Development Plan and Special Review Permit for an Agricultural
Service Establishment primarily engaged in performing agricultural, animal 6
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 4,000 head dairy) in the Agricultural Zone District.
Legal Part of the NE4 of Section 17, Township 4 North, Range 64 West of the 6th P.M., F
Weld County, Colorado.
Location South of and adjacent to WCR 46; West of and adjacent to WCR 53. •
Parcel Number 1053 17 000022
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.
Weld County Planning Commission Hearing (if applicable) March 6, 2001
❑ 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.
Comments: We-7c— rrA.,//C, ca of .fro.ZCJtz--
1/..:v vvir W-i7/ ji1`J.S EX`.sW.rto.J
Signature ti Date —g-Q/
Agency E77FACStaS
EXHIBIT
+Weld County Planning Dept. •.1555 N. 17th Ave. Greeley, CO. 80631 +(970)353-6100 ext.3540 +(970)3044 I
1
RECEIVED
411" 6 JAN 1 9 2001
Weld County Referral &DEPT
Ing January 17, 2001
C.
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant . Marcy Daniels-Gruber/ Case Number AmUSR-1140 •
Moriah Holsteins, LLC
Please Reply By February 7, 2001 Planner Julie Chester
Project 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 (the expansion of an existing dairy and animal
confinement operation for a 4,000 head dairy) in the Agricultural Zone District.
Legal Part of the NE4 of Section 17, Township 4 North, Range 64 West of the 6th P.M.,
Weld County, Colorado.
Location South of and adjacent to WCR 46; West of and adjacent to WCR 53.
Parcel Number 1053 17 000022
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.
Weld County Planning Commission Hearing (if applicable) March 6, 2001
❑ 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.
XSee attached letter.
Comments:
Signature 1011.447
� Date en. _c i_ -ice,,
Agency p j
t;1.�R,(,C,c, L�
+Weld County Planning Dept. +1555 N. 17th Ave. Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax
Weld County Planning Dept.
tit
3
% t' MEMORANDUM °°'
RECEIVED
II'D
TO: Julie Chester, Lead Planner DATE: February 2, 2001
C FROM: Donald Carroll, Engineering Administrator fi
•
COLORADO SUBJECT: AmUSR-1140,
Marcy Daniels-Gruber/Moriah Holsteins, LLC
The Weld County Public Works Department has reviewed this proposal. This project falls primarily under the
purview of the Weld County Use by Special Review Standards. Our comments and requirements are as follows:
COMMENTS:
WCR 46 is designated on the Transportation Plan Map as a local gravel road, which requires a 60-foot right-of-
way at full build out. There is presently a 60-foot right-of-way. This road is maintained by Weld County. Pursuant
to the definition of SETBACK in the Weld County Zoning Ordinance (Ordinance 89, as amended), the required
setback is measured from the future right-of-way line.
Our records indicate that WCR 46 has an average daily traffic count of 119 at this location.
M the intersection of WCR 46 and 53, there is an oil and gas truck transfer station. The product being taken to
this transfer station will exit onto WCR 46 and continue west to the facility. The truck traffic will return to WCR
53 and not continue west to put additional truck traffic adjacent to the dairy. Weld County Public Works has a
Road Improvements Agreement with the truck loading facility on the section of County road that they are
impacting. This section of County road has chemically stabilized base to hold down all dust control problems that
would be created by the heavy hauling of the truck facility.
REQUIREMENTS:
Access and Circulation: The main access to the dairy is wide enough to accommodate two-way traffic with
adequate turning radiuses and site distance. The employees are utilizing a second dairy access from an oil and
tank battery located at the east end of the facility. This access point to the dairy shall be closed. Utilize the main
access point with no additional accesses granted to WCR 46.
Storm Water Drainage: The storm water drainage will be referred to the Department of Health and Environment.
As a dairy, use reflects animal units, sizing of lagoons, and handling 25-year, 24-hour rainfall requirements.
Dust Control: The average daily traffic counts on WCR 46 is 119 vehicles in a 24 hour period. With the
expansion of the dairy, the applicant is indicating a maximum of 35 people. A variety of farm trucks and vendors
will also access the current site. jf the total traffic on WCR 46 exceeds the 200 vehicles per day due to the
expansion of the dairy, the applicant shall supply adequate dust control on WCR 46 adjacent to the dairy
cc: AmUSR-1140 J7
Aan2Ousr.wpd
EXHIBIT
is
Weld County Referral
' January 17, 2001
D e
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Marcy Daniels-Gruber/ Case Number AmUSR-1140
Moriah Holsteins, LLC
Please Reply By February 7, 2001 Planner Julie Chester
Project 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 (the expansion of an existing dairy and animal
confinement operation for a 4,000 head dairy) in the Agricultural Zone District.
Legal Part of the NE4 of Section 17, Township 4 North, Range 64 West of the 6th P.M.,
Weld County, Colorado.
Location South of and adjacent to WCR 46; West of and adjacent to WCR 53.
Parcel Number 1053 17 000022
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.
Weld County Planning Commission Hearing (if applicable) March 6, 2001
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
i* We have reviewed the request and find no conflicts with our interests.
O See attached letter.
Comments:
I14-rn C t.'`-Nr,e r r e Leo rfl- ri jOrt- abut. twl t ctM ykktD
Co eonvc nw,v..cj v etaiCTTVV 'Lb-C:1/4k cc-.e Ind
Signature ' � Date 1/Z (]
Z/ i.
Agency Zc 11rf,IY71�kin(Qr
v EXHIBIT
++Weld County Planning Dept. 41555 N. 17th Ave. Greeley, CO. 80631 :•(970)353-6100 ext.3540 •:•(970)304-6,
a
•
44 Weld Cogf rtty Referral
`.'1eid County Planning 3.?eP
will
2001 January 17, 2001
C. °-fig o ,
COLORADO RECEIVED
The Weld County Department of Planning Services has received the following item for review:
Applicant Marcy Daniels-Gruber/ Case Number AmUSR-1140
Moriah Holsteins, LLC
Please Reply By February 7, 2001 Planner Julie Chester
Project 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 (the expansion of an existing dairy and animal
confinement operation for a 4,000 head dairy) in the Agricultural Zone District.
Legal Part of the NE4 of Section 17, Township 4 North, Range 64 West of the 6th P.M.,
Weld County, Colorado.
.
Location South of and adjacent to WCR 46; West of and adjacent to WCR 53.
Parcel Number 1053 17 000022
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.
Weld County Planning Commission Hearing (if applicable) March 6. 2001
❑ 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.
I) See attached letter. .
Comments:
Signature ;..-9(__ 2 Date 1/1/901
•
Agency Platte Valley S. D. Weld RE-7
EXHIBIT
+Weld County Planning Dept. +1555 N. 17th Ave.Greeley,CO.80631 4(970)353-6100 ext.3540 4(970)304- I
/ I-
c7latte 9)alley Schools
WELD COUNT' DISTRICT RE-7
P.O. BOX 485 - KERSEY, COLORADO 80644- 970/336-8500- FAX 970/336-85 I I
E.GLENN MCCLAIN,SUPERIN I ENDENT
'.Cle d County Piunning Dept.
p 2001
RECEIVED
January 19, 2001
Weld County Planning Department
1555 N. 17th Avenue
Greeley, CO 80631
RE: Land Dedication
The Board of Education of Platte Valley School District, Weld RE-7 passed the attached 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 be a new residence.
This policy is an effort to assist the district in mitigating the increasing capital cost of growth.
Please forward this information to potential land developers and individuals requesting recorded
exemptions so that they may make arrangements with the school district to satisfy the
requirements of the policy.
The district also requests that the land developer contact the school in regard to transportation. If
the intended use is for a residence then consideration for school bus stop needs to be examined.
Please call Glenn McClain or Michael Barite if you have any questions.
Sincerely,
E. Glenn McClain, Jr.
Superintendent
IArll ' C ldetax/roi/. . . i41/74/ (Omit _T 0; (9,, /A.
Pt ;nnwng
Dept.
;'tz+d Ca,tnsY
.t
RESOLUTION
<'v F (� ) OF THE
BOARD OF EDUCATION
OF
PLATTE VALLEY SCHOOL DISTRICT RE-7
WHEREAS, growth in residential land development and the construction of new
residential dwellings within the boundaries of the Weld County School District):2E-7(the
"District")necessitates the acquisition of additional public school sites to accommodate
the corresponding increases in student populations; and
WHEREAS, requiring land dedications for public school sites, or payments in
lieu of land dedications will provide a portion of the land to meet such demand; and
WHEREAS, planning departments within the various local governments that have
territory within the District rimtinaly rrfrr epplictdit,n relating W new development for
review and comments concerning the adequacy of public school sites and facilities; and
WHEREAS, local governments are encouraged and authorized to cooperate with
other units of government,pursuant to Section 29-20-105, C.R.S., for the purpose of
planning or regulating the development of land, including, but not limited to, the joint
exercise of planning, zoning, subdivision, building,and related regulations;and
WHEREAS, in an effort to promote further cooperation between the District and
other local governments in connection with the issuance of residential land development
approvals,and in the mitigation of the impacts of such residential land development
approvals on the District's ability to provide adequate school,the District has determined
to adopt a uniform policy with respect to its recommendations to such local governments
in the referral process; and
WHEREAS, the District has determined that the mitigation of the impacts of such
residential land development approvals should occur through the dedication of land for
school sites,or the payment of funds in lieu of such dedication; and
WHEREAS, the policy set forth within constitutes a reasonable and uniform
method of ensuring that new residential construction and residential development bear a
proportionate share of the cost of public school sites acquisition necessary to
accommodate the educational service capacity demands of the residents who will be
living in the new dwelling units;
NOW, WHEREFORE, the Board of Education of Weld County School District
RE-7 hereby results as follows:
I. Cooperation with Local Governments Encouraged. The ability of the District
to provide adequate educational opportunities for its student population is dependent
upon,among other matters, the availability of adequate land, or in the alternative the
availability of funds to purchase adequate land. Since the approval of residential land
development applications by local governments with territory within the boundaries of
'the District substantially impacts the District's ability to meet its obligations to the public,
the District shall encourage and request that such local government entities refer to the
District all residential land development applications for review and comments
concerning the adequacy of public school sites and facilities. Further,the District shall
encourage and request that such local government entities consider the District's.'
comments in conjunction with the review and processing of each individual residential
development application,and cooperate with the District in regard to the mitigation
measures established in this Resolution. The District shall promptly review the referred
development application and promptly submit its comments, recommendations and
requests consistent with the policy set forth in this Resolution, to the appropriate local
government.
2. Land Dedication Requirements. In connection with any pending or new
application for residential land development to any local government with territory within
the boundaries of the District, the District shall recommend and request that the following
land dedication standards be imposed by such local government as a condition of
development approval, except to the extent that the District,through its Superintendent or
designee, has determined that the best interests of the District would be served'by the
payment of the fees set forth in paragraph 3 hereof,in lieu of such land dedication. Land
shall be dedicated to the District in an amount equal to the greater of: (a) 10 percent of
the total size of the approved development, or(b)calculated at the rate of two acres for
every 1,000 new residents reasonably projected by the District for the development.
3. Fees in Lieu of Dedication. In the event the District, through its
Superintendcnt or designee,determines that dedication of land is not in the best interests
of the District, the District shall recommend and request that the following fees be paid in
lieu of such land dedication,as a condition of approval of the development application by
the local government. The fees shall be calculated as follows: (a)$750 for each new
single-family residence; (b) $585 for each unit in a duplex or triplex; and(c)$420 for
each unit in a multi-family structure other duplexes or triplexes.
4. In-Kind Contributions. The District shall he authorized to accept in-kind
contributions in satisfaction of the requirements set forth in either paragraph 2 or 3
hereof, provided that such in-kind contributions represent a fair equivalent in terms of the
value which would otherwise be realized under the policy set forth in such paragraphs.
5. Land Dedication Procedures. In the event that the District determines that land
should he dedicated to the District, the District shall recommend and request that before
recording the final plat for any development,that the local government require proof that
the property owner has conveyed title to the District by general warranty deed, free and
clear of all liens,encumbrances and exceptions(except those approved in writing by the
2
District), including, without limitation,real property taxes,which shall be prorated to the
date of the conveyance. The property owner shall also provide a title insurance
commitment and policy in an amount equal to the fair market value ofthe dedicated
property
6. Fees in Lieu of Dedication Procedures. In the event that the District
determines that fees should be paid in lieu of dedication of land,the District shall
recommend and request that before recording the final plat for any development,that the
local government require proof that the property owner has either paid in full to the
District the applicable fee based on the total number of residential units proposed for the
development, or alternatively,that an agreement has been signed between the District and
a party in interest acceptable to the District which provides for a means ofpayment of
such fees upon such terms and conditions as the parties may mutually agree upon. It
shall be an acceptable method of payment, for purposes of such agreements, for the fees
to be paid as building permits are issued.
6. Exemptions. The District has determined that the following types of
residential development do not have an adverse effect on the District's ability to provide
adequate educational facilities; accordingly they are exempt from land dedication
requirements or fees to be paid in lieu of land dedication: (a)alteration or expansion or
replacement of a residential dwelling unit not exceeding an increase of 1000 square feet
over the existing dwelling; (b)assisted living facilities for the elderly;(c) construction of
any building or structure intended for and used for limited terms stays,including by way
of example and not by way of limitation,bed and breakfasts,hotels, family-care or
group-care homes, hoarding or rooming houses,nursing homes, hotels, motels or
hospices; (d) construction of any non-residential building or structure; and(e)
construction of any residential building or structure classified as housing for older
persons,pursuant to the Federal Fair Housing Act then in effect
7. Use of Funds. The District shall hold or deposit in trust for public school sites
all lands or funds it receives in connection with the application of the policy set forth in
this Resolution. With respect to funds received,the District shall use such funds solely
for acquisition, development,or expansion of public school sites or for capital facilities
planning. sites acquisition,or capital outlay purposes. The timing,nature, method and
extent of such planning, acquisition,development or outlay shall be at the discretion of
the District.
8. Accounting for Dedications or Fees. The District shall cause to be included
within its annual audit a summary and description of the status of receipts of land or fees
in lieu of land dedication,so that full disclosure of the District's activities with respect to
such receipts may he made public.
9. Further Actions. The District hereby authorizes its Superintendent, and such
other employees,agents or consultants of the District as the Superintendent shall so
designate,to proceed to contact local government entities with territory located within the
boundaries of the District in order to inform such entities of the District's adopted policy.
3
Further, in order to ensure the long-term integrity of the policy set forth in this
Resolution, such panics are authorized to proceed to negotiations with such entities
directed towards achieving a formal written agreement with respect to the cooperation
between such local governments and the District
ADOPTED THIS 1_3_ DAY OFMarrh , 2000_
PLATTEVALLEY SCHOOL DISTRICT
WELD COUNTY RE-7
By: President,Board of Education
ATTEST
`e '0
By: Secretary, Board of Education
4
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