HomeMy WebLinkAbout970973.tiffINVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION
Applicant: Richard Podtburg
Case Number: USR-1144
Submitted or Prepared
Prior to Hearing At Hearing
1. Department of Planning Services Recommendation X
2. Letter to Applicant X
3. Field Check, dated March 18, 1997 X
4. Legal Notification X
5. USR Application X
6. Referral List X
7. Windsor / Severance Fire Potection District, 03-05-97 X
8. West Greeley Soil Conservation District, 03-05-97 X
9. Town of Windsor, 03-27-97 X
10. Town of Severance, 03-12-97 X
11. Letter from Prima Oil and Gas, dated March 17, 1997 X
12. Weld County Extension Office, 03-11-97 X
13. Weld County Health Department, 03-31-97 X
14. Weld County Public Works Department, 03-12-97 X
15. Maps Prepared by Planning Technician X
16. Deed X
17. Surrounding Property Owner List X
18. Letter from North Weld County Water District, dated 02-13-97 X
19. Soil Survey X
20. Preliminary Plat Map X
21. Letter from City of Greeley, dated April 11, 1997
22. Letter from Prima Oil and Gas, dated March 24, 1997
X
X
I hereby certify that the 22 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 April 24 1997.
Chris Goranson, Current Planner
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NOTA PUBLIC
970973
DATE: April 15, 1997
PLANNER: Chris Goranson
CASE NUMBER: USR-1144
NAME: Richard Podtburg
ADDRESS: 12673 WCR 66
Greeley, CO 80631
ACRES: 80 acres, more or less
PARCEL #:0805-19-000005
REQUEST: A Site Specific Development Plan and Special Review Permit for a 2000 head
dairy in the A (Agricultural) District.
LEGAL DESCRIPTION: The W2 of the SE4 of Section 19, T6N, R66W of the 6th P.M., Weld
County, Colorado.
LOCATION: North of and adjacent to WCR 66; west of and adjacent to WCR 27.
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.
2. It is the opinion of the Department of Planning Services' staff that the applicant has shown
compliance with Section 24.3 of the Weld County Zoning Ordinance as follows:
A) Section 24.3.1.1- This proposal is consistent with the Weld County Comprehensive
Plan and is provided for as a Use by Special Review. This proposal is for a
maximum 2000 head dairy. Two residences currently exist on the property, and are
used in conjunction with the agricultural use. The request is consistent with A.Goal 1
which is to preserve prime farmland for agricultural purposes which foster the
economic health and continuance of agriculture.
B) Section 24.3.1.2- The proposal is consistent with the intent of the district in which the
use is located. This proposal is located within the A (Agricultural) District, which
allows for confined animal uses above the maximum number of animals permitted in
the A (Agricultural) District subject to the 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 use will be compatible with future development of the
surrounding area and with future development. The surrounding properties are
located in the A (Agricultural) District, and predominantly single family dwelling
970973
Conditions of Approval, p2
uses along with various agricultural uses. The site is not located within Greeley's
Long -Range Expected Growth Area, and while there are subdivisions in the area, the
majority of ground is still predominantly utilized for agricultural practices. The
Conditions of Approval and Development Standards ensure that the proposed uses
shall 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) District. While some
nearer areas are becoming increasingly urban in use, it is in the interest of the county
to continue to foster agricultural growth in the Agricultural District, consistent with
its historical use and allowed under the zone district. Windsor and Severance have
both indicated no conflict of interest with the proposed use. Greeley has indicated
approval of this request with conditions in a letter dated April 11, 1997. A copy of
the letter is attached to this recommendation. All immediate surrounding properties
are currently zoned A (Agricultural), and consistent with typical agricultural uses and
rural in nature.
E) Section 24.3.1.50 This proposal is not located within the Overlay District Areas as
defined by maps officially adopted by Weld County.
F) Section 24.3.1.6- The applicant has demonstrated a diligent effort has been made to
conserve productive agricultural land in the locational decision for the proposed use.
The site is already being utilized as a dairy, and is considered a use common to the
county's agricultural industry.
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
shall ensure adequate provision for the protection of the health, safety, and welfare of
the inhabitants of the neighborhood and the 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' staff recommendation for approval is conditional upon the
following:
1. The applicant shall submit a plan to the Public Works Department for review and approval to
mitigate any increase in dust created by the dairy operation on WCR 27. A copy of the plan
shall be submitted to the Department of Planning Services.
2. Prior to recording the plat:
970971.
Conditions of Approval, p3
A. 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 2,000 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.
(2). Demonstration that all waste water retention structures have been constructed with a
lining material which does not exceed a seepage rate of 1/32" \day (I 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. This also
includes demonstrating that agreements are in place in the event manure or waste water
is hauled off of the site.
(4). The schedule at which manure and waste water will be removed and applied to the land.
(5). Demonstration that adequate measures are in place to prevent any discharges except
those which are allowed by the CAFO Regulations.
(6). Other necessary measures which are required in order to comply with the CAFO
Regulations.
B. 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.
C. 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.
D. 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.
E. The facility shall demonstrate compliance with Section 47 of the Weld County Zoning
Ordinance, as amended
F. According to the submitted materials there are two (2) existing homes on the site. The Weld
County Health Department does not have a permit for either of the septic systems serving
970973
Conditions of Approval, p4
these homes. Both of these systems must be permitted. Any existing septic system 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. 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.
G. 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.
3. 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 plat shall be delivered to the
Department of Planning Services and ready for recording in the Weld County Clerk and
Recorder's office within 15 days of approval by the Board of County Commissioners.
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.
970973
Development Standards, p.1
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Richard Podtburg
USR-1144
1 The Site Specific Development Plan and Special Use Permit is for a 2000 head 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.
2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld
County Zoning Ordinance.
3 The operation shall comply with all aspects of the approved manure and waste water
management plan.
4 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.
5 All liquid an solid wastes shall be stored and removed for final disposal in a manner that protects
against surface and groundwater contamination.
6 The facility shall not discharge to surface or groundwater with exception to what is allowed by
the Confined Animal Feeding Operations Control Regulations.
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, 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.
9. Fugitive dust shall be controlled on this site.
10. The facility shall be operated in a manner to control flies. The 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.
This plan shall be implemented in the event the Weld County Health Department receives a
significant number of fly complaints (associated with the facility) and, in the judgement of the
Health Officer, there exists a fly condition requiring abatement.
11. The facility shall maintain records on -site, which are at all times available for inspection during
970973
Development Standards, p.2
business hours, and 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, laboratory results,
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.
C. The method in which waste water and/or manure will be applied to land, including the
procedure which is used to ensure that agronomic rates are not exceeded.
D. Other records which demonstrate that the facility is operating in accordance with the CAFO
Regulations.
E. 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 (1 X 10' cm/sec).
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 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 be operated in a manner which controls odor. Odor detected off site shall not
equal 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.
14. Any septic system located on the property must comply with all provisions of the Weld County
Individual Sewage Disposal System Regulations.
15. All construction on the property shall be in accordance with the requirements of the Weld
County Building Code Ordinance, as amended.
16. 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.
17. The property owner or operator shall be responsible for complying with the Design Standards
9705 '3
Development Standards, p.3
of Section 24.5 of the Weld County Zoning Ordinance, as amended.
18. The property owner or operator shall be responsible for complying with the Supplementary
Regulations of Section 45.3 of the Weld County Zoning Ordinance, as amended.
19. 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.
20. 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 Commissioners 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.
21. 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.
970971
IVMc
COLORADO
March 3, 1997
Richard Podtburg
12673 Weld County Road 66
Greeley, CO 80631
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
Subject: USR-1144 - Request for a A Site Specific Development Plan and a Special Review Permit for a 2000 head dairy
in the A (Agricultural) zone district on a parcel of land described as the W2 SE4 of Section 19, T6N, R66W of
the 6th P.M., Weld County, Colorado.
Dear Mr. Podtburg:
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 April 15, 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.
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 Greeley, Severance, and Windsor Planning Commissions for their review
and comments. Please call the Community Development Department of the City of Greeley, at 970-350-9783, Gene Rider
with the Town of Severance, at 970.686-1218, and Joe Plummer with the Town of Windsor, at 970-686-7476, for further
details regarding the dates, times, and locations of these meetings. It is recommended that you and/or a representative be in
attendance at the Greeley, Severance, and Windsor Planning Commission meetings 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' 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.
ris Gorarison
Current Planner
CG/tp
FIELD CHECK
FILING NUMBER: USR-1144
DATE OF INSPECTION: 3 I E 5;-?
APPLICANT'S NAME: Richard Podtburg
CURRENT PLANNER: Chris Goranson
REQUEST: A Site Specific Development Plan and a Special Review Permit for a 2000 head dairy in the A
(Agricultural) zone district
LEGAL DESCRIPTION: The W2 SE4 of Section 19, T6N, R66W of the 6th P.M., Weld County, Colorado
LOCATION: North of and adjacent to Weld County Road 66; west of and adjacent to Weld County Road 27
LAND USE:
S
ZONING: N A (Agricultural)
E A (Agricultural)
S A (Agricultural)
W A (Agricultural)
COMMENTS: f),,4! 4,
_AN
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P.C. Member
970373
EXHIBIT
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