HomeMy WebLinkAbout20000776.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Jim Docheff, Docheff Dairy Case Number USR-1257
Submitted or Prepared
Prior to At Hearing
Hearing
1 Planning Commission Resolution
2 Staff Comments (9 pages) X
3 Sign Posting Photograph X
4 Department of Planning Services field check form X
5 Letter to Applicant X
6 Receipt for advertising X
7 Legal Notifications (2 pages) X
8 Application (88 pages) X
9 Referral List X
10 Referral Letter X
11 Weld County Zoning Compliance referral received 2/4/2000 X
12 Longmont Soil Conservation Dist. Referral received 3/16/2000 X
13 Weld County Dept. of Public Health referral received 2/11/2000 X
(4 pages)
14 Mountain View Fire District referral received 2/11/2000 (2 pages) X
15 Weld County Dept. of Public Works referral received 2/14/2000 X
(2 pages)
16 Weld County Extension referral received 2/17/2000 (2 pages) X
17 Weld County Dept. of Building Inspection referral received X
1/28/2000 (3 pages)
18 Maps (2 pages) X
19 8 1/2" X 11" maps submitted by applicant(3 pages) X
20 24"x 36" plat map X
21 Certificate of Conveyance(5 pages) X
22 Surrounding Property Owners (13 pages) X
23 Letters from Surrounding Property Owners (2 pages) X
24 Letters of Support(5 pages) X
25 Well and Septic Information (3 pages) X
g. EXHIBIT
A 2000-0776
26 Soil Survey (2 pages) X
Item submitted at planning commission
I hereby certify that the 26 items identified herein were submitted to the Department of Planning Services 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. ‘
Sheri Lockman ❖ Planner
STATE OF COLORADO )
COUNTY OF WELD )
SUBSCRIBED and SWORN TO BEFORE ME THIS ,;Ondclay of C19 arcl ' 1� o20OC
SEAL
h arory K u,-(Au,_
NOTARY PUBLIC
MY COMMISSION EXPIRES Cid/O&/ aOO0.
Page 1
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LAND USE
APPLICATION
SUMMARY S EET
COLORADO
Case Number: USR-1257 Hearing Date: March 21, 2000
Applicant: Docheff Dairy, do Jim Docheff
Address: 1441 WCR 28, 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 1800 head of cattle and 24 horses in the
Agricultural Zone District.
Legal Description: Part of Lot B Recorded Exemption 1495 being part SW4 of Section 29,
T3N, R68W of the 6th P.M., Weld County, CO
Location: North of Weld County Road 28 and east of Weld County Road 3
Size of Parcel: 28 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:
• Weld County Zoning Compliance, referral received 2/4/2000
• Mountain View Fire Protection District, referral received 2/11/2000
• Weld County Extension Services, referral received 2/17/2000
• Weld County Department of Public Health and Environment, referral received 2/11/2000
• Weld County Department of Public Works, referral received 2/14/2000
Weld County Department of Building Inspection, referral received 1/28/2000
EXMISfT
Page 2
46 a SPECIAL REVIEW PERMIT
t ADMINISTRATIVE REVIEW
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COLORADO
PLANNER: Sheri Lockman
CASE NUMBER: USR- 1257 HEARING DATE: March 21, 2000
APPLICANT: Docheff Dairy, do Jim Docheff
ADDRESS: 1441 WCR 28, 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 1800 head of cattle and 24 horses in the Agricultural Zone
District.
LEGAL DESCRIPTION: Part of Lot B Recorded Exemption 1495 being part SW4 of Section
29, T3N, R68W of the 6th P.M., Weld County, CO
LOCATION: North of Weld County Road 28 and east of Weld County Road 3
SIZE OF PARCEL: 28 acres
PARCEL NUMBER: 1207 29 000087
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 maps indicate that the soils on this property are designated "prime".
A.Policy 1 states, "Agricultural zoning will be established and maintained to protect
and promote the County's agricultural industry". The property currently is being
Page 3
farmed and utilized as a dairy.
b. Section 24.3.1.2 --That 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--That the USES which would be permitted will be compatible with
the existing surrounding land USES. Uses within the surrounding area are a mixture
of agricultural and residential. A condition of approval is that the applicant include
all of Lot B of Recorded Exemption 1495 in the permit area. If this land were not
included, the property could legally contain 4 cattle per acre. Planning Staff concurs
that to ensure compatibility with surrounding properties, the use of the entire parcel
should be indicated. The applicant did submit a list of property owners within 500
feet of Lot B to ensure proper notification. No correspondence has been received
from surrounding property owners stating concerns.
d. Section 24.3.1.4 --That 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. The City of Mead and the City of
Longmont are within the 3 mile referral area. Neither city responded to the referral
request. Planning Staff considers the Conditions of Approval and Development
Standards to be sufficient to mitigate any conflicts.
e. Section 24.3.1.5 - This proposal lies within the Southwest Weld Road Impact
Program area 1. Effective December 1, 1999, building permits issued on the
proposed lots will be required to adhere to the fee structure of the Southwest Weld
Road Impact Area 1. (Ordinance 211)
f. Section 24.3.1.6--That if the USE is proposed to be located in the A-District, that the
applicant has demonstrated a diligent effort has been made to conserve prime
agricultural land in the locational decision for the proposed USE. This property is
designated as "prime" as designated on the U.S.D.A. Soils Map. The entire parcel
is engaged in agriculture for a dairy or crop area.
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.
Page 4
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.
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 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)
2. Prior to recording the plat:
A) The facility shall demonstrate compliance with the Confined Animal Feeding
Operations Control (CAFO) Regulation and the additional requirements outlined
below. This shall be demonstrated by submitting a comprehensive manure and
waste water management plan, for a 1,800 head dairy, to the Weld County
Department of Public Health and Environment for review and approval. Evidence
of Weld County Department of Public Health and Environment approval shall be
submitted to the Weld County 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. (Dept. of Health)
(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. (Dept. of Health)
(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. (Dept. of Health)
(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. (Dept. of Health)
(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. (Dept. of Health)
(6) Demonstration that adequate measures are in place to prevent any
Page 5
discharges except those which are allowed by the CAFO Regulations.
(Dept. of Health)
(7) Other necessary measures which are required in order to comply with the
CAFO Regulations. (Dept. of Health)
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. (Dept. of Health )
C) A dust abatement plan shall be submitted to the Weld County Department of Health
and 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. (Dept. of Health)
D) A fly control plan shall be submitted to the Weld County Department of Health and
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. (Dept. of Health)
E) An odor control plan shall be submitted to the Weld County Department of Health
and 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. (Dept. of Health)
F) The Environmental Protection Services Division of the Weld County Department of
Public Health and Environment was unable to locate a septic permit for the septic
systems currently serving the two (2) mobile homes located on the property. Any
existing septic system(s) which is not currently permitted through the Weld County
Department of Public Health and Environment must be permitted. Each unpermitted
septic system will require an I.S.D.S. evaluation prior to the issuance of the required
septic permit(s). In the event the system(s) is found to be inadequate, the system(s)
must be brought into compliance with current I.S.D.S. regulations. Evidence of Weld
County Department of Health and Environment approval shall be submitted to the
Weld County Department of Planning Services. (Dept. of Health)
G) The plat shall be amended to include all of Lot B of Recorded Exemption 1495.
(Dept. Of Planning)
H) The applicant shall submit a request to vacate SUP-438 for a Dairy. (Dept. of
Planning )
3. 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. (Dept. of Planning)
Page 6
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Docheff Dairy, c/o Jim Docheff
USR-1257
1. The Site Specific Development Plan and a Special Review Permit is for an Agricultural Service
Establishment for a Livestock Confinement Operation (Dairy) and Animal Feeding Operation
for 1800 head of cattle and 24 horses in the 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. (Dept. of Planning)
2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld
County Zoning Ordinance, as amended. (Dept. of Planning)
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. (Dept. of Health)
4. All liquid and solid waste shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Dept. of Health)
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. (Dept. of Health)
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, as
amended. (Dept. of Health)
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. (Dept. of Health)
8. Any required NPDES Permit shall be maintained in compliance with the Water Quality Control
Division of the Colorado Department of Public Health & Environment. (Dept. of Health)
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.
(Dept. of Health)
10. 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. (Dept. of Health)
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.
Page 7
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).
(Dept. of Health)
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.(Dept. of Health)
13. 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. (Dept. of Health)
B. The manner in which manure and waste water has been removed and applied to land.
(Dept. of Health)
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. (Dept.
of Health )
14. 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. (Dept. of Health)
15. 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. (Dept. of
Health )
16. Any septic system located on the property must comply with all provisions of the Weld County
Individual Sewage Disposal System Regulations. (Dept. of Health)
17. 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. (Dept. of Health)
Page 8
18. The facility shall be operated in accordance with the approved manure and waste water
management plan. (Dept. of Health)
19. At such time the dairy operation should cease, the 2 mobile homes, which are accessory to
the Special Review Permit, must be removed from the property or the appropriate zoning and
building permits shall be applied for and approved for the appropriate use. (Dept. of Planning)
20. As per application materials the 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. (Dept. of Planning)
21. The access lane to the facility from Weld County Road 28 shall be a graded and drained road
to provide all-weather access and shall be at least 24 feet wide to accommodate two-way
traffic. (Dept. of Public Works)
22. Proper building permits shall be obtained prior to any construction, demolition, or excavation.
(Dept. of Building Inspection)
23. All excavation for ponds, etc., shall meet the requirements of Appendix Chapter 33 of the 1997
Uniform Building Code. (Dept. of Building Inspection)
24. Building permits are required for any accessory buildings being constructed or moved onto the
property. (Dept. of Building Inspection)
25. Building permits are required for milk barn, free stall barn, shade structures, and any
residential units. (Dept. of Building Inspection)
26. All buildings or structures shall maintain distances from property lines and adjacent buildings
as outlined in Table 5-A of the 1997 Uniform Building Code. (Dept. of Building Inspection)
27. All structures resting on permanent wood or concrete foundations must have engineered
foundations. Foundation drawings shall be based on a site-specific geotechnical report or an
"open hole" inspection. (Dept. of Building Inspection)
28. The milk barn itself will require structural engineering. (Dept. of Building Inspection)
29. Permits and inspections are required for all electrical work including electrical site lighting.
(Dept. of Building Inspection)
30. Project drawings shall be submitted to the Mountain View Fire Protection District for review
and approval. (Dept. of Building Inspection and Dept. of Planning Services)
31. Additional requirements or changes may be required when building applications or plans are
reviewed by the Weld County Building Inspection Department or the Mountain View Fire
Protection District. (Dept. of Building Inspection)
Page 9
32. Fire apparatus roads shall be provided for all new buildings or building additions so fire
apparatus may reach to within 150 feet of all portions of the building. (Mountain View Fire
Protection Dist.)
33. Apparatus access roads shall be a minimum of 20 feet in width and be designed and
maintained to support the imposed loads of fire apparatus (60,000 pounds). (Mountain View
Fire Protection Dist.)
34. Roads must have a surface that provides all-weather driving capabilities. (Mountain View Fire
Protection Dist.)
35. Roads in excess of 150 feet in length must be provided with approved provisions for the
turning around of fire apparatus. (Mountain View Fire Protection Dist.)
36. The minimum turning radii for all turns shall be thirty-five (35) feet inside turning radius and
forty-eight (48) feet outside turning radius. (Mountain View Fire Protection Dist.)
37. 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.
38. 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.
39. Personnel from the Weld County Health Department and Weld County Planning Department
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.
40. 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 Planning Commission 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.
41. 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.
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��7 1555 N. 17TH AVENUE
GREELEY, COLORADO 80631
COLORADO
January 25, 2000
EnviroStock, Inc.
c/o Thomas Haren
1597 Cole Blvd., Ste 310
Golden, CO 80401
Subject: USR-1257- Request for a 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 1800
head of cattle and 24 horses in the Agricultural Zone District on a parcel of land described as Part of the
SW4 of Section 29, 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 March 21, 2000, at 1:30 p.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.
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-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' :,taff 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,
ci(4-iri ExFIEIIT
Sheri Lockman I 5
Planner
FIELD CHECK inspection date:2/10/2000
CASE NUMBER: USR-1257
APPLICANT: Docheff Dairy
LEGAL DESCRIPTION: Part SW4 of Section 29, T3N, R68W of the 6th P.M., Weld
County, CO
LOCATION: North of Weld County Road 28 and east of and adjacent to Weld County
Road 3
Zoning Land Use
N A (Agricultural) N Agricultural / Residential
E A (Agricultural) E Agricultural / Residential
S A (Agricultural) S Residential / Union Reservoir
—
W A (Agricultural) W Agricultural / Residential
COMMENTS: Many residences exist surrounding the quarter section.
Dairy appears to be well maintained with few flies or odors.
G� 2' ,:k�r4/now
Sheri Lockman, Planner
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