HomeMy WebLinkAbout970682.tiffINVENTORY OF ITEMS FOR CONSIDERATION
Applicant Marcy Daniels
Case Number USR-1140
Submitted or Prepared
Prior to
Hearing
At Hearing
1
Planning Commission Resolution
2
Comments
X
a
Land Use Application Summary Sheet
X
b
Special Review Permit Administrative Review
X
c
Field Check
X
d
Letter to the Applicant
X
3
Legal Notification (2 pages)
X
4
Application
X
5
Referrals without Comments
X
a
Referral list and letter
X
6
Referrals with Comments
X
a
Weld County Health Department 1-21-97
X
b
Weld County Public Works 1-24-97
X
c
Extention Service1-10-97
X
d
Prima Oil and Gas Co.
X
e
West Greeley Soil Conservation District
X
7
DPS Maps Prepared by Planning Technician (3 pages)
X
8
Deed (2 pages)
X
9
Surrounding Property Owners
X
10
Utilities
X
11
Soil Survey
X
12
Planning Commission Exhibits
I hereby certify that the 12 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 ite were forwarded to
the Clerk to the Board's office on March 13, 1997.
Kerni D. Keithley ❖ Curr
970682
STATE OF COLORADO )
````,,,,,tnf" €$1$JVTY OF WELD )
c,Z ; • SUB, ED and SWORN TO BEFORE ME THIS /� day of
:€ ' SEAL•
1
0
•
v`•. PUB t.
•
•o
C.
llllllllllllllllll
MY COMMISSION EXPIRES
NOT9(RY PUBLIC
m
19 9
970682
LAND USE APPLICATION
SUMMARY SHEET
PLANNER: Kern Keithley
CASE NUMBER: USR-1140 HEARING DATE: February 18, 1997
APPLICANT: Marcy Daniels
ADDRESS:
1605 Weld County Road 40 1/2
Berthoud, Co. 80513
REQUEST: A Site Specific Development Plan and a Special Review Permit for a Livestock
Confinement Operation (1500 head dairy with two accessory to the farm mobile
homes) in the A (Agricultural) Zone District.
LEGAL DESCRIPTION: Pt. NE4 of Section 17, T4N, R64W of the 6th P.M., Weld County,
CO.
LOCATION: South of and adjacent to WCR 46, approximately 1/2 mile west of WCR 53
SIZE OF PARCEL: 97 +/- acres
PARCEL NUMBER: 1053 17 000022
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:
1. Weld County Health Department
2. Weld County Public Works
3. Greeley Soil Conservation District
4. Oil and Gas Conservation Commission
5. Extension Office
The Department of Planning Services' staff has not received
agencies:
1. State Department of Health
2. Platte Valley Fire Protection District
3. Planning Commissioner, Ann Garrison
responses from the following
970682
46cft
COLORADO
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
PLANNER: Kerri Keithley
CASE NUMBER: USR-1140 HEARING DATE: February 18, 1997
APPLICANT: Marcy Daniels
ADDRESS:
1605 Weld County Road 40 1/2
Berthoud, Co. 80513
REQUEST: A Site Specific Development Plan and a Special Review Permit for a Livestock
Confinement Operation (1500 head dairy with two accessory to the farm mobile
homes) in the A (Agricultural) Zone District.
LEGAL DESCRIPTION: Pt. NE4 of Section 17, T4N, R64W of the 6th P.M., Weld County,
CO.
LOCATION: South of and adjacent to WCR 46, approximately 1/2 mile west of WCR 53.
SIZE OF PARCEL: 97 +/- acres
PARCEL NUMBER: 1053 17 000022
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 --This proposal is consistent with the Weld County Comprehensive
Plan, as amended. This proposal is for a maximum 1,500 head dairy. The request
is consistent with A.Goal 1 which states to preserve prime farmland for agricultural
purposes which foster the economic health and continuance of agriculture.
b. Section 24.3.1.2 -- This proposal is consistent with the intent of the A (Agricultural)
zone district. The property is zoned A (Agricultural) and the proposed uses are
970682
provided for by approval of a Use by Special Review permit. This proposal is
consistent with the Agricultural Goals and Policies to support, preserve and promote
the county's agricultural industry as stated in A.Policy 1.
c. Section 24.3.1.3 -- The proposal is consistent with Section 24.3.1.3 of the Weld
County Zoning Ordinance, as amended and will be compatible with future
development of the surrounding area. The surrounding properties are zoned A
(Agricultural). The Conditions of Approval and Development Standards ensure that
the proposed uses will remain compatible with the existing surrounding land uses.
d. Section 24.3.1.4 -- The proposed uses will be compatible with future development
of the surrounding area as permitted by the A (Agricultural) zone districts and with
the future development as projected by the Comprehensive Plan or Master Plan of
affected municipalities. As stated above, this site is located in the Agricultural Zone
District and the proposed uses are agricultural related. This site does not lie within
the referral boundary or Urban Growth Boundary of any incorporated municipality.
The site is currently vacant and all of the surrounding properties agricultural -based
uses. Directly adjacent to the west of the site is Sandy Hills Farm, a turkey farm.
The dairy and accessory to the farm residences appear to be compatible with the
surrounding area.
e. Section 24.3.1.5 -- The proposal is not located within the Overlay District Areas
identified by maps officially adopted by Weld County. The proposal is not located
within the 100 year floodplain as identified on FEMA panel number 080266 0775C.
f. Section 24.3.1.6 -- The applicant has demonstrated a diligent effort to conserve
productive agricultural land. The soils on the site are considered to be non -prime
soils. The site is currently not being utilized for any agricultural related uses and is
vacant.
g.
Section 24.3.1.7 --The Design Standards (Section 24.5 of the Weld County Zoning
Ordinance, as amended), Operation Standards (Section 24.6 of the Weld County
Zoning Ordinance, as amended), 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.
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'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 15 days of approval by the Board of County
Commissioners.
970682
Page 3
2. Prior to recording the plat:
A. The applicant shall submit a signed agreement between the applicant and Prima Oil
& Gas Company addressing the concerns in their letter dated January 14, 1997.
B. The applicant shall submit a signed agreement between the applicant and Gerrity
Oil and Gas Corporation addressing the concerns in their letter dated February 17,
1997.
C. The access to the site shall be clearly delineated on the plat. All roads within the
facility shall use an internal road system, with only one main access point to Weld
County Road 46.
D. The facility shall demonstrate compliance with the Confined Animal Feeding
Operations Control (CAFO) Regulation. This shall be demonstrated by submitting
a comprehensive manure run-off and process waste water handling plan, for a
1,500 head dairy, to the Weld County Health Department 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.
(2) Demonstration that any waste water retention structure has been
constructed with a lining material which does not exceed a seepage rate of
1/32" /day (1 X 10-6 cm/sec). This shall be conducted by a Registered
Professional Engineer.
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.
(4) Demonstration that adequate measures are in place to prevent any
discharges except those which are allowed by the CAFO Regulations.
The schedule at which manure and waste water will be removed and
applied to the land.
(6) Other necessary measures which are required in order to comply with the
CAFO Regulations.
E. A dust abatement plan shall be submitted to the Weld County Health Department
for review and approval. The facility shall have sufficient equipment available to
implement dust control as required by the Weld County Health Department. A copy
of the plan shall be submitted to the Department of Planning Services.
(3)
(5)
970682
Page 4
F. A fly control plan shall be submitted to the Weld County Health Department for
review and approval. A copy of the plan shall be submitted to the Department of
Planning Services.
G. An odor abatement plan shall be submitted to the Weld County Health Department
for review and approval. A copy of the plan shall be submitted to the Department
of Planning Services.
H. The facility shall demonstrate compliance with Section 47 of the Weld County
Zoning Ordinance pertaining to Livestock Feeding Performance Standards.
3. Prior to locating the mobile homes on the site, the applicant shall obtain the proper building
permits.
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.
970682
Page 5
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Marcy Daniels, USR-1140
1. The Site Specific Development Plan and Special Use Permit is for a Livestock Confinement
Operation (1500 head dairy with two accessory to the farm mobile homes) 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.
2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld
County Zoning Ordinance, as amended.
3. All liquid and solid wastes shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
4. No permanent disposal of wastes, as defined in the regulations pertaining to Solid Waste
Disposal Sites and Facilities (6 CCR 1007-2), shall be permitted at this site.
5. 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.
6. Fugitive dust shall be controlled on this site. The facility shall be operated in accordance,
as all times, with the approved dust abatement plan.
7. The maximum permissible noise level shall not exceed the industrial limit of 80 db(A), as
measured according to 25-12-102, Colorado Revised Statutes.
8. 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.
9. Any required NPDES Permit shall be maintained in compliance with the Water Quality
Control Division of the Colorado Department of Public Health and Environment.
10. All construction on the property shall be in accordance with the requirements of the Weld
County Building Code Ordinance.
11. The facility shall not discharge to surface or groundwater with exception to what is allowed
by the Confined Animal Feeding Operations Control Regulations.
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
pollutant runoff. The surface beneath the manure storage and composting areas shall be
970682
Page 6
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
Operation Control Regulation (5 CCR 1002-19).
13. The facility shall maintain records on -site, available for inspection during business hours,
at all times, which demonstrates the following:
a. That waste water collection and storage facilities are adequately constructed and
sized to handle a 25 year, 24 hour storm event.
b. The manner in which manure will be removed and applied to the land. This should
also include any agreements between the facility and other parties concerning the
removal of manure off -site for land application, treatment or disposal.
c. The method in which waste water and/or manure will be applied to the land,
including the procedure which will be used to insure that agronomic rates are not
exceeded.
d. The liner for all process waste water retention structures has been constructed of
low permeability materials so as not to exceed a seepage rate of 1/32'/day (1x10-6
cm/sec).
14. The facility shall be operated in a manner to control flies. The fly control plan shall be
implemented at the request of the Weld County Health Department 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 Health Department receives a significant number of fly (associated with the facility)
complaints, and in the judgement of the Weld County Health Officer, there exists a fly
condition requiring abatement.
15. Any septic system located on the property must comply with all provisions of the Weld
County Individual Sewage Disposal System Regulations.
16. 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.
17. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 24.6 and 47 of the Weld County Zoning Ordinance, as amended.
18. Personnel from the Weld County Health Department 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 hereon and all applicable Weld County regulations.
19. The Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Major changes from the
9'70682
Page 7
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.
20. 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.
970682 .
Field Check inspection date: February 3, 1997
Case Number USR-1 140
Applicant Marcy Daniels
Request A Site Specific Development Plan and a Special Review Permit for a
Livestock Confinement Operation (1500 head dairy with two accessory
to the farm mobile homes) in the A (Agricultural) Zone District.
Legal Description Pt. NE4 of Section 17, T4N, R64W of the 6th P.M., Weld County, CO.
Parcel Number 1053 17 000022
N
A (Agricultural)
N
WCR 46, agricultural production
E
A (Agricultural)
E
Gilmore Ditch, agricultural production, horses
S
A (Agricultural)
S
Agricultural production
W
A (Agricultural)
W
Sandy Hills Farm (turkey farm)
Unsafe Conditions:
Comments:
There are no apparent unsafe conditions on the site
The site is currently vacant and in weeds. The Gilmore Ditch runs adjacent to the property to the
east. There are stakes at the site identifying the property boundaries. There is an oil well located on
the north-east portion of the site, owned by Primal Oil & Gas Co. Adjacent to the west of the site is a
turkey farm (Sandy Hills Farm).
Kerni D. Keithley ❖ Current Planer
970682
December 26, 1996
DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3540
FAX (970) 352-6312
WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
GREELEY, COLORADO 80631
Marcy Daniels
1605 Weld County Road 40 1/2
Berthoud, CO 80513
Subject USR-1140 - Request for a Site Specific Development Plan and a Special Review Permit for a
1500 head dairy operation in the A (Agricultural) zone district on a parcel of land described as part
of NE4 of Section 17, T4N, R64W of the 6th P.M., Weld County, Colorado.
Dear Ms. Daniels:
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 February 18, 1997, at 1:30 p.m. This meeting will
take place in the County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 10th
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.
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,
Kerri Keithley
Current Planner
KDK/tp
970682
Hello