HomeMy WebLinkAbout20000967.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant James & Kristie Docheff Case Number USR-1262
Submitted or Prepared
Prior to At Hearing
Hearing
1 Planning Commission Resolution
2 Staff Comments X
3 Department of Planning Services field check form X
4 Letter to Applicant X
5 Legal Notifications (2 pages) X
6 Application (75 pages) X
7 Referral list X
8 Longmont Soil Conservation District referral received 3/16/00 X
9 Colorado Division of Water Resources referral received 3/2/00 X
10 Little Thompson Water District referral received 2/2/00 X
11 Weld County Zoning Compliance referral received 2/4/00 X
12 Weld County Health Department referral received 2/23/00 X
13 Weld County Public Works Dept. referral received 2/14/00 X
14 Weld County Extension Service referral received 2/17/00 X
15 Weld County Building Inspection Dept. referral received 1/31/00 X
16 Mountain View Fire Protection District referral received 2/11/00 X
17 St. Vrain Valley School District RE-1J referral received 2/18/00 X
18 Army Corps of Engineers referral received 2/18/00 X
19 8 1/2 X 11 maps submitted by applicant(5 pages) X
20 Deed X
21 Certificate of Conveyance X
22 Surrounding Property Owners (15 pages) X
23 Soil Survey (3 pages) X
24 Photograph of Public Notice sign dated 3/22/00 X
Item submitted at planning commission EXHIBIT
USR *fz&Z.
2000-0967
I hereby certify that the 24 items identified herein were submitted to the Department of Planning Servces at
or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to
the Clerk to the Board's office. 8�rf
Chris Gathman + Current Planner
44e4w.
hiDe LANDAPPLICATION
SUMMARY SHEET
COLORADO
Case Number: USR-1262 Hearing Date:April 4, 2000
Applicant: James & Kristie Docheff (Diamond D Dairy)
Address: 4513 Weld County Road 32, Longmont, CO 80504
Request: A Site Specific Development Plan and a Special Review Permit for an
Agricultural Service Establishment for a Livestock Confinement Operation (Dairy)
and Animal Feeding Operation for 800 head of cattle in the Agricultural Zone
District
Legal Description: East 1/2 of the Southwest 1/4 of Section 14, Township 3 North, Range 68
West of the 6th P.M., Weld County, Colorado
Location: North of and adjacent to WCR 32, Directly North and East of WCR 9.5
Size of Parcel: 25 acres +/-
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Section 24.3 of the Weld County
Zoning Ordinance.
The Department of Planning Services' staff has received responses from the following
agencies:
Longmont Soil Conservation District, referral received 03/16/00
• Colorado Division of Water Resources, referral received 03/02/00
Little Thompson Water District, referral received 02/02/00
• Weld County Code Compliance, referral received 02/04/00
• Weld County Department of Public Health and Environment, referral received 02/23/00
• Weld County Department of Public Works, referral received 02/14/00
• Weld County Extension Service, referral received 02/17/00
• Weld County Department of Building Inspections, referral received 01/31/00
• Mountain View Fire District, referral received 2/11/00
• St. Vrain Valley School District RE-1J, referral received 2/18/00
• Department of the Army -Corp of Engineers, referral received 2/18/00
EXHIBIT
Page 1 1 �_
SPECIAL REVIEW PERMIT
ElkADMINISTRATIVE REVIEW
COLORADO
PLANNER: Chris Gathman
CASE NUMBER: USR-1262 HEARING DATE: April 4, 2000
APPLICANT: James and Kristie Docheff (Diamond D Dairy)
ADDRESS: 4513 WCR 32, Longmont, CO 80504
REQUEST: A Site Specific Development Plan and a Special Review Permit for an Agricultural
Service Establishment for a Livestock Confinement Operation (Dairy) and Animal
Feeding Operation for 800 head of cattle in the Agricultural Zone District
LEGAL DESCRIPTION: Part of the East%2 of the South West 1/4 of Section 14,Township 3 North,
Range 68 West of the 6th P.M., Weld County, Colorado
LOCATION: North of and adjacent to WCR 32, Directly North and East of Weld County
Road 9.5
SIZE OF PARCEL: +/- 25 acres
PARCEL NUMBER: 1207-14-000012
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 24.7
of the Weld County Zoning Ordinance, as amended.
2. It is the opinion of the Department of Planning Services's staff that the applicant has shown
compliance with Section 24.3 of the Weld County Zoning Ordinance, as amended, as
follows:
a. Section 24.3.1.1 --That the proposal is consistent with the Weld County
Comprehensive Plan. A.Goal 1 states, "Preserve prime farmland for agricultural
purposes which foster the economic health and continuance of agriculture". The
U.S.D.A. soils map indicate that the soils on the front portion of this property are
designated "Prime" and soils on the rear portion of the property are designated as
"Irrigated (not prime)". A.Policy 1 states, "Agricultural zoning will be established
and maintained to protect and promote the County's agricultural industry".
USR-1626- Docheff(Diamond D Dairy) Page 2
b. Section 24.3.1.2--The proposal is consistent with the intent of the district in which
the use is located. The property is zoned Agricultural and section 31.4.2 states that
Agricultural Service establishments primarily engaged in performing agricultural,
animal husbandry, or horticultural services on a fee or contract basis, including
livestock confinement operations, are permitted as a Use by Special Review in the
Agricultural zone district.
c. Section 24.3.1.3 --The uses which would be permitted will be compatible with the
existing surrounding land uses. Uses within the surrounding area are farmground
to the north, a single-family residence is located to the immediate northeast of the
property(50'from the property line), farmground to the west, the Rademacher and
Sekich business park subdivisions are to the south (commercial), and farmground
and rural residential uses to the east. The Department of Planning Services' staff
is requesting that there be screening placed between the proposed dairy and the
residence to the immediate northeast. Conditions of approval and development
standards will ensure that any incompatibilities will be mitigated.
d. Section 24.3.1.4--The uses which would 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 the comprehensive plan or master plans of
affected municipalities. This proposal is within the three-mile referral area and
urban growth boundary for the Town of Mead. The Town of Mead did not respond
to their referral.
e. Section 24.3.1.5-- This proposal does not lie within any Overlay Districts.
f. Section 24.3.1.6--If the use is proposed to be located in the A-District, the applicant
shall demonstrate a diligent effort to conserve prime agricultural land in the
locational decision for the proposed use. This property is designated as"prime farm
ground" and "Irrigated (non-prime)" as designated on the U.S.D.A. Soils Map. The
south portion of the property is designated as prime farmground and the remainder
of the dairy is on the "Irrigated (non prime)" lands. The dairy is an existing facility,
which does not take any prime farmground out of production.
g. Section 24.3.1.7-There is adequate provision for the protection of the health, safety
and welfare of the inhabitants of the NEIGHBORHOOD and the County. The
attached Conditions of Approval and Development Standards ensure the protection
of the health, safety and welfare of the inhabitants of the neighborhood and the
County.
h. Section 47 -- 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.
USR-1626 - Docheff(Diamond D Dairy) Page 3
The Department of Planning Services's 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 plat. The completed plat shall be
delivered to the Department of Planning Services and be ready for recording in the Weld
County Clerk and Recorder's Office within 30 days of approval by the Board of County
Commissioners. (Dept. of Planning)
Prior to recording the plat:
A. The facility shall demonstrate compliance with the Confined Animal Feeding
Operations Control (CAFO) Regulations. This shall be demonstrated by submitting
a comprehensive manure and waste water management plan (the Plan),for an 800
head dairy, to the Weld County Department of Public Health and the 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 constructed and sized
to handle a twenty-five year, twenty-four hour storm event. This shall be
conducted by a Registered Professional Engineer. (Health Department)
a) The plan shall include a detailed time-line to install those measures
necessary to direct stormwater from the composting and manure storage
areas into an on-site retention structure that complies with CAFO regulations.
(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. (Health Department)
(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. (Health
Department)
(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. (Health Department)
(5) Demonstration that the facility has the ability to manage and/or land apply
manure and waste water at agronomic rates in accordance with the CAFO
regulations. (Health Department)
(6) Demonstration that adequate measures are in place to prevent any
discharges except those which are allowed by the CAFO Regulations.
(Health Department)
(7) Other necessary measures which are required in order to comply with the
CAFO Regulations. (Health Department)
USR-1626 - Docheff(Diamond D Dairy) Page 4
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. Evidence of Weld County Department of
Public Health and Environment approval shall be submitted to the Weld County
Department of Planning Services. (Health Department)
C. The applicant shall obtain ISDS permits, from the Weld County Health Department,
for any structure where people live, work, or congregate and ensure that the
structure contains an adequate, convenient, sanitary toilet and sewage disposal
system in good working order. Any structure that will be served by a septic system,
and have a design hydraulic flow of greater than 3,000 gallons (according to the
Weld County ISDS Regulations),must receive approval of the Colorado Department
of Public Health and Environment in accordance with the Regulations for the Site
Application Process (5 CCR 1002-22). (Health Department)
D. A dust abatement plan shall be submitted to the Weld County Health Department
for review and approval. Evidence of Weld County Department of Health and
Environment approval shall be submitted to the Weld County Department of
Planning Services. (Health Department)
E. A fly control plan shall be submitted to the Weld County Department of Health and
the Environment for review and approval. Evidence of Weld County Department of
Health and Environment approval shall be submitted to the Weld County
Department of Planning Services. (Health Department)
F. An odor control plan shall be submitted to the Weld County Department of Health
and the Environment for review and approval. Evidence of Weld County
Department of Health and Environment approval shall be submitted to the Weld
County Department of Planning Services. (Health Department)
G. A landscaping and screening plan shall be submitted to the Weld County
Department of Planning Services for review and approval. The dairy must be
screened from the existing residence that is within 50' of the corner of the
property.(Planning)
H. The applicant shall indicate,on the plat,type of right-of-way or easement which shall
be routinely graded to provide all weather access to the facility. (Public Works)
All derelict vehicles located on the property must be operational with current license
plates, or be screened from all adjacent properties and public rights of way, or be
removed from the property. All other items considered to be a part of a
noncommercial junkyard must also be removed from the property or screened from
all adjacent properties and public rights-of-way. The property is in violation of the
Weld County Zoning Ordinance. The applicant shall schedule a final inspection with
the Weld County Zoning Compliance Officer and submit a copy of the closure letter
indicating compliance with the Weld County Zoning Ordinance.
J. The applicant shall try to address the requirements of the Saint Vrain Valley
RE-1J School District as stated in their referral response dated 2/18/00.
USR-1626- Docheff(Diamond D Dairy) Page 5
K. The plat shall be amended to delineate the following:
1) The approved landscaping plan. (Planning)
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. (Planning)
USR-1626 - Docheff(Diamond D Dairy) Page 6
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JAMES AND KRISTIE DOCHEFF (DIAMOND D DAIRY)
C/O ENVIROSTOCK
USR-1262
1. The Site Specific Development Plan and Special Use Permit is for an Agricultural Service
Establishment for a Livestock Confinement Operation (Dairy) and Animal Feeding
Operation for 800 head of cattle in the A (Agricultural) zone district, as indicated in the
application materials on file in the Department of Planning Services and subject to the
Development Standards stated hereon. (Planning)
2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld
County Zoning Ordinance, as amended. (Planning)
3. Fugitive dust shall be controlled on this site. The facility shall be operated in accordance,
at all times, with the approved dust abatement plan. (Health Department)
4. All liquid and solid waste shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Health Department)
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. (Health
Department)
6. 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.
(Health Department)
7. The maximum permissible noise level shall not exceed the light industrial limit of 70 db(A),
measured according to Section 25-12-102, C.R.S. (Health Department)
8. Any required NPDES Permit shall be maintained in compliance with the Water Quality
Control Division of the Colorado Department of Public Health & Environment. (Health
Department)
9. All construction on the property shall be in accordance with the requirements of the Weld
County Building Code Ordinance. (Health Department)
10. 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. (Health Department)
11. 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. (Health Department)
12. 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
USR-1626 - Docheff(Diamond D Dairy) Page 7
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). (Health Department)
13. The facility shall be operated in a manner which controls odor. 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. The odor abatement plan
shall be implemented at the request of the Weld County Department of Health and the
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. (Health Department)
14. The facility shall maintain records on-site, available for inspection during business hours,
at all times, which demonstrates the following:
A. That the waste water collection and storage facilities are adequately constructed,
and sized to handle a 25-year 24-hour storm event. (Health Department)
B. The manner in which manure and waste water has been removed and applied to
land.This should also include any agreements between the facility and other parties
concerning the off-site removal of manure or waste water for land application,
treatment or disposal. (Health Department)
C. The method in which waste water and/or manure will be applied to land, including
the procedure which will be used to insure that agronomic rates are not exceeded.
(Health Department)
15. 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. (Health Department)
16. 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
the 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 the
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. (Health Department)
17. Any septic system located on the property must comply with all provisions of the Weld
County Individual Sewage Disposal System Regulations. (Health Department)
18. 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. (Health Department)
USR-1626 - Docheff(Diamond D Dairy) Page 8
19. The facility shall be operated in accordance with the approved manure and waste water
management plan. (Health Department)
20. The hours of operation are up to 24 hours per day, 365 days per year. Hours of operation
are up to 24 hours per day in the milking parlor and related facilities. Equipment
operations,trucks,farming activities and maintenance activities other than emergencies will
occur primarily during daylight hours. (Planning)
21. Proper building permits shall be obtained prior to any construction, demolition, or
excavation. (Building Inspection)
22. All new construction on the property shall comply with the requirements of the Mountain
View Fire Protection District. (Mountain View Fire Protection District)
23. The property owner or operator shall be responsible for complying with the Design
Standards of Section 24.5 of the Weld County Zoning Ordinance, as amended.
24. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 24.6 of the Weld County Zoning Ordinance, as amended.
25. The proposed modular home to be placed on the property shall be occupied by family
members in the business or direct employees of the business. It shall not be used as an
outside rental. (Planning)
26. Personnel from the Weld County Department of Public Health and Environment and Weld
County Department of 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.
27. 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.
28. 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.
USR-1626 - Docheff(Diamond D Dairy) Page 9
a _...flarasaa ea
num Cain NS
iliiLa .
140 lase �I�.Y11I
SCRS
H - ) 76.='Z c70
r
EXHIBIT
1 a1
a DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100,AX (97 E04.6498
A)(1
FAX (970) 304-6498
1555 N. 17TH AVENUE
GREELEY, COLORADO 80631
COLORADO
January 28, 2000
EnviroStock, Inc.
c/o Thomas Haren
1597 Cole Blvd., Ste 310
Golden, CO 80401
Subject: USR-1262 - Request for a Special Review Permit for Animal Feeding Operation (Dairy Cattle) on a
parcel of land described as E2 SW4 of Section 14, Township 3 North, Range 68 West of the 6th P.M.,
Weld County, Colorado.
Dear Mr. 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 April 4, 2000, at 1:30 p.m. This meeting will take place n
the Board of County Commissioners Hearing Room, First Floor, Weld County Centennial Center, 915 Tenth Street,
Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions
the Planning Commission members may have.
It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the
property or if the property is located within the comprehensive planning area of a town or municipality. Therefore,
our office has forwarded a copy of the submitted materials to the Mead Planning Commission for its review and
comments. Please call the town of Mead at 970-535-4477 for further details regarding the date, time, and place of
this meeting. It is recommended that you and/or a representative be in attendance at the Mead Planning
Commission meeting to answer any questions the Commission members may have with respect to your application.
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-war,
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 We id
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,
Chris Gathman
Planner
FIELD CHECK inspection date: 2/10/00
CASE NUMBER: USR-1262
APPLICANT: Docheff (Diamond ]) Dairy)
LEGAL DESCRIPTION: East 1/2 of Southwest 1/4 of Section 14, Township 3North, Range
68West of the 6th P.M., Weld County
LOCATION: North of and adjacent to Weld County Road 32, directly North & East of Weld
County Road 9.5.
Zoning Land Use
N A(Agricultural) N Cropland and pasture land
E A(Agricultural) E Agriculture, there is a single-family residence located 50'
from northeast corner of property
S PUD (C-3) S Sekich 8( Rademacher subdivisions (currently vacant but
road improvements are being done)
W A(Agricultural) W Cropland (2 single family residences on adjacent
property.
COMMENTS:
• * Miscellaneous refuse next to the free pen north of the free stall barn. Additional refuse
in the compost area on the west end of the property. (NCJY)
* There is an existing residence approximately 50' from the northwest corner of the
property. (Screening?)
Chris Gathman, Current Planner
5
Hello