HomeMy WebLinkAbout982558.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant John & Ellen Moser/Morwai Dairy Case Number USR-1201
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 Field check by Planning Commissioner X
5 Letter to Applicant X
6 Legal Notifications(2 pages) X
7 Application (107 pages) X
8 Referral list(2 pages) X
9 Weld County Extension Office referral received 10/15/98 (2 pgs) X
10 Weld County Health Department referral received 10/16/98 (4 pg) X
11 Weld County Public Works Department referral received 10/13/98 X
12 Patina Oil & Gas Corporation letter received 10/05/98 X
13 8 1/2 X 11 maps submitted by applicant(7 pages) X
14 Deed X
15 Certificate of Conveyance(8 pages) X
16 Surrounding Property Owners (6 pages) X
17 Soil Survey(8 pages) X
Item submitted at planning commission
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982558 ,, tA
I hereby certify that the 17 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.
Julie A. Chester + Current Planner
STATE OF COLORADO )
COUNTY OF WELD )
SUBSCRIBED and SWORN TO BEFORE ME THIS 1(1 day of_/(,2 H j�fj 19 9r.
SEAL
WAX/
NOTARY PUBLIC
MY COMMISSION EXPIRES
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APPLICATION
SUMMARY SH ET
COLORADO
Case Number: USR-1201 Hearing Date: November 3, 1998
Applicant: John and Ellen Moser/Morwai Dairy
Address: 12954 WCR 43, Hudson, CO 80642
Request: A Site Specific Development Plan and a Special Review Permit for a Dairy and
Agricultural Service Establishment for a Livestock Confinement Operation for
6000 head of cattle
Legal Description: Sections 28 & 29, T3N, R65W of the 6th P.M., Weld County, Colorado
Location: North of and adjacent to WCR 28, East of WCR 39
Size of Parcel: 125 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 Extension Office referral received 10/15/98
• Weld County Health Department referral received 10/16/98
• Weld County Public Works Department referral received 10/13/98
• Patina Oil and Gas Corporation letter received 10/05/98
• Kaiser-Francis Oil Company letter received 10/23/98
Page 1
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SPECIAL REVIEW PERMIT
‘01647: ADMINISTRATIVE REVIEW
COLORADO
PLANNER: Julie A. Chester
CASE NUMBER: USR-1201 HEARING DATE: November 3, 1998
APPLICANT: John and Ellen Moser/Morwai Dairy
ADDRESS: 12954 WCR 43, Hudson, CO 80642
REQUEST: A Site Specific Development Plan and a Special Review Permit for a Dairy and
Agricultural Service Establishment for a Livestock Confinement Operation for 6000
head of cattle
LEGAL DESCRIPTION: Sections 28 & 29, T3N, R65W of the 6th P.M., Weld County, Colorado
LOCATION: North of and adjacent to WCR 28, East of WCR 39
SIZE OF PARCEL: 125 acres
PARCEL NUMBER: 121328000001
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 "other
lands" and "prime if irrigated". A.Policy 1 states, "Agricultural zoning will be
established and maintained to protect and promote the County's agricultural
industry".
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 irrigated
farmground to the south and east and native rangeland pasture to the north and
west. There are no residential homes within 500 feet of the physical dairy
operations. There are also several other Special Review Permits in the area.
These Special Review Permits include an auto salvage yard, a junkyard, a tire
landfill, a biomedical non-hazardous material incineration facility, and several oil and
gas facilities. 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 not within a three mile 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--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, if irrigated", and "other lands" as designated on the U.S.D.A. Soils Map.
In addition, the Moser family owns approximately 2,640 additional acres adjacent
to and within close proximity to the project site, which will be farmed for feedstuffs
and to support waste management.
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 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 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. This shall be demonstrated by submitting
a comprehensive manure and waste water management plan, for a 6,000 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. (Health Department)
(2) Demonstration that any existing or proposed waste water retention 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)
Page 4
(7) Other necessary measures which are required in order to comply with the
CAFO Regulations. (Health Department)
B. The facility shall demonstrate compliance with Section 47 of the Weld County
Zoning Ordinance. (Planning Department, Health Department)
C. 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. (Health Department)
D. The applicant shall obtain ISDS permits, from the Weld County Health Department,
for any structure where people live, work, or congregate and insure that the
structure contains an adequate, convenient, sanitary toilet and sewage disposal
system in good working order. Any structure that will be served 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)
E. A dust abatement plan shall be submitted to the Weld County Health Department
for review and approval. (Health Department)
F. A fly control plan shall be submitted to the Weld County Health Department for
review and approval. (Health Department)
G. An odor control plan shall be submitted to the Weld County Health Department for
review and approval. (Health Department)
H. The applicant shall submit to the Department of Planning Services, evidence of an
adequate water supply for the property. (Planning Department)
The new access road will be elevated to the same height as the existing intersection
to provide adequate sight distance in both directions. (Public Works)
J. The section line access will be upgraded and maintained. The upgrade will consist
of an all-weather access road to accommodate two-way traffic at all locations. The
applicant has submitted a license to upgrade and maintain rights-of-way. This
document needs to be completed, signed, and notarized prior to recording the plat.
(Public Works)
K. The applicant shall enter into an agreement with Patina Oil and Gas Corporation
and Kaiser-Francis Oil Company regarding the relocation of flowlines and
modification of wellheads. (Patina Oil, Kaiser)
L. The plat shall be amended to delineate the following:
1) The landscaping proposed in the application materials. (Planning)
Page 5
2) The applicant shall propose a fence that will provide adequate safety for the
residents of the employee housing area and their children to mitigate a
possible conflict between residential use and the commercial operation.
(Planning)
3) A stop sign at the intersection of the entrance road and WCR 28. (Public
Works)
4) All Oil and Gas equipment located on the property. (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. (Planning)
Page 6
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
John and Ellen Moser/Morwai Dairy
USR-1201
1. The Site Specific Development Plan and Special Use Permit is for a Dairy and Animal
Feeding Operation for 6000 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, as
amended. (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, as amended. (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)
Page 7
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 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 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 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 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 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)
Page 8
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)
19. The facility shall be operated in accordance with the approved manure and waste water
management plan. (Health Department)
20. At such time the dairy operation should cease, the four-plex apartments 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. (Planning)
21. The hours of operation are up to 24 hours per day, 365 days per year. Office hours will
be from 8:00 a.m. to 5:00 p.m., Monday through Friday, and from 8:00 a.m. to 12:00 p.m.
on Saturday and Sunday. 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)
22. All construction on the property shall be in accordance with the Weld County Building Code
Ordinance. (Planning)
23. Any utility work done within Weld County rights-of-way will require a permit from the Weld
County Public Works Department. (Public Works)
24. Magnesium chloride shall be applied to the access road adjacent to the employee
apartments and office area to minimize dust adjacent to the access to the dairy facility.
(Public Works)
25. Patina Oil &Gas Corporation and Kaiser-Francis Oil Company owns oil and gas leasehold
rights under the lands of this Special Review Permit. The property owner shall allow Patina,
Kaiser-Francis or any other mineral owner, the right of ingress and egress for the purposes
of exploration, development, completion, recompletion, re-entry, production and
maintenance operations associated with the Moser 28-4J, Moser 28-5J, Moser 22-28, and
Moser 41-28 wells located on these lands. (Patina Oil and Gas Corporation, Kaiser-Francis
Oil Company)
26. 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.
27. 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.
28. 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.
Page 9
29. 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.
30. 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.
Page 10
O DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3540
_ FAX R (970)TIVE 352-6312
WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
IR GREELEY, COLORADO 80631
GREELEY,
COLORADO
September 18, 1998
John and Ellen Moser
do Envirostock, Inc. Tom Haren
11990 Grant Street, Suite 402
Denver, CO 80233
Subject: USR-1201 - Request for a Site Specific Development Plan and Use by Special Review Permit for
an agricultural service establishment for a livestock confinement operation dairy, for 6000 head
of cattle in the A(Agricultural)zone district, on a parcel of land described as Sections 28 and 29,
T3N, R65W of the 6th P.M., Weld County, Colorado.
Dear Applicant:
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 3, 1998, at 1:30 p.m. This meeting will
take place in Room 104, 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,
ulie . Chester"
Planner
FIELD CHECK inspection date: 10/06/98
CASE NUMBER: USR-1201
APPLICANT: John and Ellen Moser/Monvai Dairy
LEGAL DESCRIPTION: Sections 28 & 29, T3N, R65W of the 6th P.M., Weld
County, Colorado
LOCATION: North of and adjacent to Weld County Road 28 and
East of WCR 39
Zoning Land Use
N A(Agricultural) N Very dry, agriculture, Oil & gas
E A(Agricultural) E
S A(Agricultural) S Tire Mountain, junk yard, some agriculture
W A (Agricultural) W Agriculture, Oil & gas
COMMENTS: Currently, the dairy has not been located at this site. The site is
vacant except for oil and gas equipment (Tank batteries, heater treaters, meter house).
The land is pretty hilly. The maps indicate that most of the pens and the facility will
be located at the top of the hill, which will help with drainage. Trevor Jiricek and I
visited the site and did not see any potential problems with incompatibilities of
surrounding uses or properties or other types of problems. It appeared that this would
be a good location for this type of use, as it is very rural and there are not very many
residences in this area.
C 7V6,13
Julie A. Chester, Current Planner
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