HomeMy WebLinkAbout992477.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Ray-Glo Holsteins Case Number USR-1245
Submitted or Prepared
Prior to Al: Hearing
Hearing
1 Planning Commission Resolution
2 Staff Comments(8 pages) X
3 Department of Planning Services field check form X
4 Planning Commission field check form X
5 Letter to Applicant X
6 Legal Notification X
7 Application (5 pages) X
8 Manure & Process Wastewater Management Plan (42 pages) X
9 Referral List X
10 Referral Letter X
11 Weld County Health Dept. referral received 9/21/1999 (4 pages) X
12 Weld County Extension referral received 9/20/1999(2 pages) X
13 Weld County Public Works Dept. referral received 9/28/1999 X
(3 pages)
14 Maps (2 pages) X
15 Maps submitted by applicant (3 pages) X
16 Deeds (5 pages) X
17 Surrounding Property Owners (6 pages) X
18 Water and Septic Information (24 pages) X
19 Soil Survey (7 pages) X
20
21
22
23
24
25
Item submitted at planning commission
EXHIBIT
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I hereby certify that the 19 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.
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Sheri Lockman •3 Planner
STATE OF COLORADO )
COUNTY OF WELD )
SUBSCRIBED and SWORN TO BEFORE ME THIS 5*. day of acne! 19.11 .
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NOTARY PUBLIC
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Page 1
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LAND USE
APPLICATION
SUMMARY SHEET
COLORADO
Case Number: USR-1245 Hearing Date: October 5, 1999
Applicant: RayGlo Holsteins
Address: 33796 WCR 57
Gill, CO 80624
Request: A Site Specific Development Plan and Special Review Permit for a Livestock
Confinement Operation (Dairy) in the Agricultural Zone District
Legal Description: Pt. NW4 of Section 14, T6N, R64W of the 6th P.M., Weld County, CO
Location: East of and adjacent to Weld County Road 57 and south of and adjacent
to Weld County Road 70
Size of Parcel: 50 acres
POSSII3LE 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 Extension Office referral received 9/20/1999
Weld County Health Department referral received 9/21/1999
Weld County Public Works Department referral received 9/28/1999
Page 2
6 SPECIAL REVIEW PERMIT
(/ �'\1 ADMINISTRATIVE REVIEW 111K
COLORADO
PLANNER: S Lockman
CASE NUMBER: USR-1245 HEARING DATE: October 5, 1999
APPLICANT: Ray-Glo Holsteins
ADDRESS: 33796 WCR 57
Gill, CO 80624
REQUEST: A Site Specific Development Plan and Special Review Permit for a Livestock
Confinement Operation (Dairy) in the Agricultural Zone District
LEGAL DESCRIPTION: Pt. NW4 of Section 14, T6N, R64W of the 6th P.M., Weld County, CO
LOCATION: East of and adjacent to Weld County Road 57 and south of and adjacent to Weld
County Road 70
SIZE OF PARCEL 50 acres
PARCEL NUMBER: 0801 14 000001
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.Policy 1 states, "Agricultural zoning will be established and
maintained to protect and promote the County's agricultural industry". The property
currently is being utilized as a dairy and farmed.
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
Page 3
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
agricultural in nature. Two homes lie adjacent to the dairy to the west. Conditions
of approval and development standards will ensure that any incompatibilities will be
mitigated.
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 site does not lie within the Urban
Growth Boundary or referral area of any municipality.
e. Section 24.3.1.5-This proposal does not lie within any Overlay Districts.
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", and a small area of "irrigated" by the United States
Department of Agriculture. 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.
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 30 days of approval by the Board of County
Page 4
Commissioners. (Planning Services)
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 2,000 head dairy, to the Weld County Health
Department for review and approval. Evidence of Health Department approval shall
be submitted to the Weld County Planning Department. This plan shall include, but
not be limited to the following: (Health Dept.)
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, 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 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.
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 Health Department approval
shall be submitted to the Weld County Planning Department. (Health Dept.)
Page 5
C) A dust abatement plan shall be submitted to the Weld County Health Department
for review and approval. Evidence of Health Department approval shall be
submitted to the Weld County Planning Department. (Health Dept.)
D) A fly control plan shall be submitted to the Weld County Health Department for
review and approval. Evidence of Health Department approval shall be submitted
to the Weld County Planning Department. (Health Dept.)
E) An odor control plan shall be submitted to the Weld County Health Department for
review and approval. Evidence of Health Department approval shall be submitted
to the Weld County Planning Department. (Health Dept.)
F) The Environmental Protection Services Division of the Weld County Health
Department was unable to locate a septic permit for the septic systems currently
serving the three (3) dwellings located on the property. Any existing septic
system(s) which is not currently permitted through the Weld County Health
Department 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 Health Department
approval shall be submitted to the Weld County Planning Department. (Health
Dept.)
G) The plat shall be amended to include the existing silage pits and manure storage
and/or composting area located in the northeast corner of the facility. (Public
Works/Planning Services)
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. (Planning Dept.)
Page 6
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Ray-Glo Holsteins
USR-1245
1. The Site Specific Development Plan and Special Use Permit is for a Livestock
Confinement Operation (Dairy) 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 Services)
2. Approval of this plan may create a vested property right pursuant to Section 90 of the
Weld County Zoning Ordinance, as amended. (Planning Services)
3. Fugitive dust shall be controlled on this site. The facility shall be operated in accordance
with the approved dust abatement plan at all times. (Health Dept)
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 Dept)
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 Dept)
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. (Health Dept)
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 Dept)
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
Dept)
9. All const'uction on the property shall be in accordance with the requirements of the Weld
County E3uilding Code Ordinance, as amended. (Health Dept)
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 Dept)
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 Dept)
12. The applicant shall remove, handle, and stockpile manure from the livestock area in a
Page 7
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). (Health Dept)
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 Health
Department 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 Dept)
14. The facility shall maintain records on-site, available for inspection during business hours,
at all times, which demonstrates the following: (Health Dept)
A) That the 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 and waste water has been removed and
applied to land.
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.
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 Dept)
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 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
facility) complaints, and in the judgement of the Weld County Health Officer, there exists
a fly condition requiring abatement. (Health Dept)
17. Any septic system located on the property must comply with all provisions of the Weld
County Individual Sewage Disposal System Regulations. (Health Dept)
18. There shall be no burning conducted at the site, with exception to burning defined as
Page 8
"agricultural open burning" as defined by Regulation No. 1 of the Colorado Air Quality
Control Commission Regulations. (Health Dept)
19. The facility shall be operated in accordance with the approved manure and waste water
management plan. (Health Dept)
20. Dust suppressant shall be placed adjacent to the homes directly across from the main
entrance to the facility (south access) and a portion of the main access. Dust suppressant
shall be placed as needed but no less than twice a year and shall be applied at least 150
feet beyond each residential structure. (Public Works)
21. 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.
22. 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.
23. 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.
24. 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 pans 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.
25. 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.
FIELD CHECK
FILING NUMBER: USR•1245 DATE OF INSPECTION: ! /11/'iq'
APPLICANT'S NAME: Ray-Glo Holsteins
PLANNER: Sheri Lockman
REQUEST: Site Specific Development Plan and Use by Special Review Permit for a Livestock Confinement
Operation (Dairy) in the Agricultural Zone District.
LEGAL DESCRIPTION: Part of the NW4 of Section 14, T6N, R64W of the 6th P.M., Weld County,
Colorado.
LOCATION: East of and adjacent to WCR 57; south of and adjacent to WCR 70.
LAND USE: N f , — R ' OS
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ZONING: N A(Agricultural)
E A (Agricultural)
S A (Agricultural)
W A(Agricultural)
COMMENTS
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SEP 21 1999
EXHIBIT
L) RECEIVED
fiC DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3540
FAX (970) 304-6498
17TH AV
ENUE
N. 17TH
GREELEY, COLORADO 80631
luRe
COLORAI)O
August 31, 1999
Ray-Glo Holsteins
Raymond and Gloria Anderson
33796 WCR 57
Gill, CO 80624
Subject: USR-1245- Request for a Site Specific Development Plan and Use by Special Review Permit for
a Livestock Confinement Operation (Dairy) in the Agricultural Zone District on a parcel of land
described as Part of the NW4 of Section 14, T6N, R64W of the 6th P.M., Weld County, Colorado.
Dear Mr. and Mrs. Anderson:
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 October 5, 1999, 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.
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.
Respectf)ully_,/Q//{'y,
Sheri Lockman
Planner
pc: EnviroStock, Philip Brink, 11990 Grant Street, Suite 402, Northglenn, CO 80233
EXHIBIT
FIELD CHECK inspection date: 9/17/1999
CASE NUMBER: USR-1245
APPLICANT: Ray-Glo Holsteins
LEGAL DESCRIPTION: Pt. NW4 Section 14, T6N, R64W of the 6th P.M., Weld
County, CO
LOCATION: East of and adjacent to Weld County Road 57 and south of and adjacent
to Weld County Road 70
Zoning Land Use
N A (Agricultural) N Agricultural
E A (Agricultural) E Agricultural
S A (Agricultural) S Agricultural
W A (Agricultural) W Agricultural / Residential
COMMENTS: Surrounding properties all agricultural in nature. Only homes
in close proximity are directly west across Weld County Road 57.
it
Sheri Lockman, Planner
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