HomeMy WebLinkAbout970062.tiffINVENTORY OF ITEMS FOR CONSIDERATION
Applicant Mike Faulkner
Case Number USR-1133
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
e
Letter from the Applicant
X
3
Legal Notification (2 pages)
X
4
Application (5 pages)
X
5
Referrals without Comments
X
a
Referral list and letter
X
6
Referrals with Comments
X
a
Army Corps of Engineers
X
b
Planning Commissioner Fred Walker
X
c
Weld County Health Department
X
d
West Greeley Soil Conservation District (9pages)
X
e
Weld County Extension Office
X
f
Weld County Public Works 9-11-96
X
7
DPS Maps Prepared by Planning Technician (3 pages)
X
8
Deed (2 pages)
X
9
Surrounding Property Owners
X
10
Utilities
X
a
North Weld County Water District
X
b
Soil Survey
X
c
Planning Commission Exhibits
X
970062
I hereby certify that the 10 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 on November 23, 1996.
Kerri D. Keithley •. Current Plann
STATE OF COLORADO )
COUNTY OF WELD ) /�� /y/
north uun lie V 19 %,b. n$O .... SWORN TO BEFORE ME THIS day of
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MY COMMISSION EXPIRES IllY COMMISSION EXPIRES MARCH 4, 1997
NOTARY PUBLIC
910062
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
PLANNER: Kerni D. Keithley
CASE NUMBER: USR-1133
APPLICANT: Mike Faulkner
ADDRESS: 300 E. 16th Street #310
Greeley, Co. 80631
DATE: November 7, 1996
HEARING DATE: November 19, 1996
REQUEST: A Site Specific Development Plan and a Special Review Permit for a 2500 head
dairy with three additional accessory to the farm mobile homes in the A
(Agricultural) Zone District.
LEGAL DESCRIPTION: SW4 of Section 29, T7N, R64W of the 6th P.M., Weld County,
Colorado.
LOCATION: North of and adjacent to Weld County Road 76, east of and adjacent to Weld
County Road 51.
SIZE OF PARCEL: 160 acres.
PARCEL NUMBER: 0711 29 000025
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 2,500 head dairy and feed
production on the site, all of which are agricultural uses consistent with A.Goal 1
and O.Goal 1 of the Weld County Comprehensive Plan, as amended by ensuring
the preservation of prime farmland for agricultural purposes which will foster the
economic health and continuance of agriculture.
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USR-1133
Faulkner
Page 2
b. Section 24.3.1.2 -- This proposal is consistent with the intent of the A (Agricultural)
zone district. The property is zoned Agricultural and the proposed uses are
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.
c. Section 24.3.1.3 -- The proposal is consistent with Section 24.3.1.4 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). There are rural residences located around the site. The Conditions
of Approval and Development Standards ensure that the proposed uses will remain
compatibly 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 district 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. The site does not lie within the
referral boundary or Urban Growth Boundary of any incorporated municipality. The
site is currently being utilized for a 1,050 head dairy. Surrounding properties are all
agricultural based uses. The expansion of the dairy and accessory to the farm
residences appears to be compatible with the surrounding area.
e. Section 24.3.1.5 -- A small portion of the property along Willow Creek is located
within the Flood Hazard Development Overlay District Area identified by FEMA map
number 080266 0495C, officially adopted by Weld County. Any development in this
portion shall adhere to all regulations and requirements of the Flood Hazard Overlay
District.
f. Section 24.3.1.6 -- The applicant has demonstrated a diligent effort to conserve
productive agricultural land by the design of the site. The pens and structures are
clustered on the west portion of the site with the remainder being utilized for
employee residences and crop land.
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.
970062
USR-1133
Faulkner
Page 3
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 within 30 days of approval by
the Board of County Commissioners.
2. Prior to recording the plat:
A. All accesses shall be clearly delineated on the plat.
B 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 2,500 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 constructed after
August 30, 1992, 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.
(3)
Demonstration that the facility has the ability to manage and 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 a
discharge to Willow Creek, with the exception of any discharge allowed
by the CAFO Regulations.
(5)
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
970062
USR-1133
Faulkner
Page 4
CAFO Regulations.
C. 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.
D. A fly control plan shall be submitted to the Weld County Health Department for
review and approval.
3. The facility shall maintain records on -site, available for inspection during business hours,
at all times which demonstrate the following:
A. That the manure storage areas and waste water collection, storage, and
land application facilities are adequately constructed, and sized to handle
a twenty-five year twenty-four hour storm. These shall include
construction as -built, engineered drawings, etc.
B. The schedule in which manure and waste water is removed and applied
to 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.
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.
D. Other measures which are in place to insure that the facility is operating
in accordance with the CAFO Regulations.
4. An Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit maybe required for
this facility. If applicable, the applicant shall submit an application to the Air Pollution
Control Division, Colorado Department of Health.
5. Any existing septic system(s) which is not currently permitted through the Weld County
Health Department 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.
6. In accordance with the CAFO Regulations, the applicant shall submit the facility's
manure and waste water management plan to the Water Quality Control Division of the
Colorado Department of Public Health & Environment.
970062
USR-1133
Faulkner
Page 5
7. A plan shall be implemented at the request of the W.C. 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. This plan shall be implemented in the
event the W.C. Health Department receives a significant number of fly (associated with
the facility) complaints and, in the judgement of the Health Officer, there exists a fly
condition requiring abatement.
8. The three additional accessory to the farm mobile homes shall access onto an internal
road system. The mobile homes shall not have direct access to Weld County Road 76.
970062
USR-1133
Faulkner
Page 6
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Faulkner, USR-1133
1. The Site Specific Development Plan and Special Use Permit is for a maximum 2500 head
dairy operation (livestock confinement operation) and three additional accessory to the farm
mobile homes (6 total) in the A (Agricultural) zone district as submitted 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. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
5. Fugitive dust shall be controlled on this site.
6. 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.
7. No permanent disposal of solid wastes, as defined in the Regulations Pertaining to Solid
Waste Disposal Sites and Facilities (6 CCR 1007-2), shall be permitted at this site.
8. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
9. The applicant or operator 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.
10. The facility shall operate in compliance with the Confined Animal Feeding Operations
Control Regulations (5 CCR 1002-19) and Weld County Zoning Ordinance, Section 47.
1.1.. The facility shall be operated in a manner to control flies.
9700£2
USR-1133
Faulkner
Page 7
12. The facility shall not discharge to surface or groundwater with exception to what is allowed
by the Confined Animal Feeding Operations Control Regulations.
13. All construction or improvements shall comply with Flood Hazard Overlay District
requirements, if applicable.
14. Should any work associated with this project require the excavation in or placement of
dredged or fill material, either temporary or permanent, into Willow Creek or wetlands at this
location, the applicant shall contact the Department of the Army Corps of Engineers to
obtain permits pursuant to Section 404 of the Clean Water Act.
15. All construction on the property shall be in accordance with the requirements of the Weld
County Building Code Ordinance.
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 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
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.
970062
LAND USE APPLICATION
SUMMARY SHEET
CASE NUMBER: USR-1133 HEARING DATE: November 19, 1996
APPLICANT: Mike Faulkner
ADDRESS: 300 E. 16th Street #310
Greeley, Co. 80631
REQUEST: A Site Specific Development Plan and a Special Review Permit for a 2500 head dairy
with three additional accessory to the farm mobile homes.
LEGAL DESCRIPTION: SW4 of Section 29, T7N, R64W of the 6th P.M., Weld County,
Colorado.
LOCATION: North of and adjacent to Weld County Road 76, east of and adjacent to Weld County
Road 51.
SIZE OF PARCEL: 160 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:
1. Weld County Public Works Department
2. Weld County Health Department
3. West Greeley Soil Conservation District
4. U.S. Army Corps of Engineers
5. Planning Commissioner Fred Walker
6. Weld County Extension
The Department of Planning Services' staff has not received responses from the following
agencies:
1. Galeton Fire Protection District
970062
Field Check
inspection date: October 3 I , 1996
Case Number USR-1 133
Applicant Mike Faulkner
Request SSDP and SRP for a 2500 head dairy
Legal Description SW4 of Section 29, T7N, R64W
Parcel Number 0711 29 000025 & 0711 29 000026
Location North of and Adj. to WCR 76, east of and adj. to WCR 51
x.,._; !, pii
u�iii L.>!bA¢�u:.a2liti i �31dl.in',in3NG°t.i�°t
N
A (Agricultural)
E
A (Agricultural)
S
A (Agricultural)
W
A (Agricultural)
Unsafe Conditions:
Comments:
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Y„x.. ..e ( v t {iP},,, n.:Q.EElt3IlIN A iSlllf adllY��.i. v.yt I:l.�.t
N
agricultural and rural residential
E
agricultural and rural residential
S
WCR 76, agricultural and rural residential
W
WCR 5 I , agricultural and rural residential
There are no apparent unsafe conditions on the site
On site, there are approximately 1,050 head of cattle. On the southwest portion of the
site, there is an existing mobile home along with abandoned agricultural pens. There
are 4 existing lagoons located in the northeast portion of the site. Willow Creek bisects
the property, running north and south. There are corrals located on the west half of the
property, along with a lagoon, office and two additional residences. There are multiple
access points off of WCR 51 and WCR 76 to the site.
Kerri D. Keithley + C rrent Planner
970062
FIELD CHECK
FILING NUMBER: DATE OF INSPECTION: 70-2S-9‘
'9‘
APPLICANT'S NAME: Hi ke Paul kner
CURRENT PLANNER: Kerri D.QKeithhmley 1
REQUEST: SiteySpecifice A eve1(AgrQpT?nt Planzapdone aiSpe Special
Reg iew Permit for a 2,500
LEGAL DESCRIPTION: SW4 29-7-64W of the 6th P.H., Weld County, Colorado.
LOCATION: For a more precise location, see legal.
North of and adjacent to Weld County Road 76; east of and adjacent to Weld
County oad 51.
LAND USE: N
E
ZONING: N A (Agricultural)
E A (Agricultural)
S A (Agricultural)
W A (Agricultural)
COMMENTS:
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97036Z
October 1, 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
Mike Faulkner
300 E. 16th Street, #301
Greeley, CO 80631
Subject: USR-1133 - Request for a Site Specific Development Plan and a Special Review Permit for a 2500
head dairy in the A (Agricultural) zone district on a parcel of land described as the SW4 of Section
29, T7N, R64W of the 6th P.M., Weld County, Colorado.
Dear Mr. Faulkner:
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 November 19, 1996, 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.
Reectfull
Kerri D. Keithley
Current Planner
KDK/sef
9700&2
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