HomeMy WebLinkAbout982249.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Bella Holsteins Case Number USR-1195
c/o Gary Henrickson
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 (60 pages) X
8 Referral list X
9 Weld County School District referral received 6/10/98 X
10 Weld County Health Department referral received 7/23/98 (4 pgs) X
11 Weld County Public Works Dept. referral received 7/14/98(2 pgs) X
12 Town of Platteville referral received 7/15/98(3 pages) X
13 Colorado Department of Transportation referral received 7/06/98 X
14 8 1/2 X 11 maps submitted by applicant(6 pages) X
15 Deed X
16 Letter from surrounding property owner X
17 Surrounding Property Owners (6 pages) X
18 Agreement for Water Service(7 pages) X
19 Soil Survey(42 pages) X
20 Certificate of Conveyance X
21 Ellis & Capp letter dated 7/28/98 X
22 Town & Country Veterinary Clinic letter dated 7/29/98 X
23 Morning Fresh Farms letter dated 7/28/98 X
24 Charles Kuechenmeister, attorney for Town of Platteville, letter X
dated 7/29/98 (3 pages)
25 John Rupple letter dated 7/30/98 X
26 Ray & Shirley Olin letter dated 7/28/98 X
4 EXHIBIT
982249 4 MS
27 Weld County Health Dept. letter dated 7/29/98 (3 pages) X
28 Schoneman letter received 8/3/98 X
29 Raymond &Sally Miller letter dated 7/30/98 X
30 Poyner letter dated 7/31/98 X
31 C. Hildred letter received 7/30/98 X
32 Ray&Shirley Olin letter dated 7/29/98 X
12 Items submitted at planning commission
I hereby certify that the 32 items identified herein were submitted to the Department of Planning Services at
or prior to the scheduled Planning Commission hearing. I further rtify that these items were forwarded to
the Clerk to the Boards office.
C' ,
Julie A. Chester d• Current Planner
STATE OF COLORADO )
COUNTY OF WELD )
SUBSCRIBED and SWORN TO BEFORE ME THIS 6 _day of AAi. 19 /6 .ng
SEAL
JA9 Ai do-oblyo AA
NOTARY PUBLIC
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MY COMMISSION EXPIRES / 5
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LAND USE
APPLICATION
SUMMARY SHEET
COLORADO
Case Number: USR-1195 Hearing Date:August 4, 1998
Applicant: Bella Holsteins do Gary Henrickson
Address: 13278 Weld County Road 32, Platteville, CO 80651
Request: A Site Specific Development Plan and a Special Review Permit for a Dairy and
Agricultural Service Establishment for a Livestock Confinement Operation for
5000 head of cattle
Legal Description: Sections 19 & 20, T3N, R66W of the 6th P.M., Weld County, Colorado
Location: South of and adjacent to WCR 32
Size of Parcel: 240 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 Health Department referral received 7/23/98
• Weld County School District RE-1 referral received 6/10/98
• Weld County Public Works Department referral received 7/14/98
• Town of Platteville referral received 7/15/98
• Colorado Department of Transportation referral received 7/06/98
• Marie Koolstra, Planning Commissioner field check dated 7/16/98
Page 1
SPECIAL REVIEW PERMIT
I � ADMINISTRATIVE REVIEW
COLORADO
PLANNER: Julie A. Chester
CASE NUMBER: USR-1195 HEARING DATE: August 4, 1998
APPLICANT: Bella Holsteins do Gary Henrickson
ADDRESS: 13278 WCR 32, Platteville, CO 80651
REQUEST: A Site Specific Development Plan and a Special Review Permit for a Dairy and
Agricultural Service Establishment for a Livestock Confinement Operation for 5000
head of cattle
LEGAL DESCRIPTION: Sections 19 & 20, T3N, R66W of the 6th P.M., Weld County, Colorado
LOCATION: South of and adjacent to WCR 32
SIZE OF PARCEL: 240 acres
PARCEL NUMBERS: 121120000010, 121120000011, 121120000021, 121119000026, and
121119000025
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 to 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. The property currently is being farmed and utilized as
a dairy. 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 --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
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.
c. Section 24.3.1.3--That the USES which would be permitted will be compatible with
the existing surrounding land USES. The surrounding land uses are primarily
Agricultural and the dairy has been operating on this site since at least 1969. The
expansion of the dairy will remain compatible with surrounding land uses.
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. Although the Town of Platteville
commented that this proposal is not consistent with their Comprehensive plan, this
proposal is located outside of their Urban Growth Boundary, but within the IGA
boundary area. The Town of Platteville did not specify in their referral comments,
why the proposal was not consistent with their Comprehensive Plan. In accordance
with Section 4.3 (h)ii , it is the opinion of Department of Planning Service's staff, that
suitable mitigation measures to be imposed by the County as conditions of approval
will eliminate or adequately mitigate adverse consequences of incompatibility or
conflict. The Conditions of Approval and Development Standards will ensure the
health, safety and welfare of the citizens of Weld County.
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 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 area is limited because of soil types and topography. Corn
is being grown on part of the property.
g. Section 24.3.1.7--That 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.
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 5,000 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 structure
has, or will be, constructed in accordance with the criteria described in the
CAFO Regulations. This 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 Weld County Health Department was unable to find septic permits for the septic
systems serving the existing housing units, the office, or the hospital. Any existing
septic system(s) which is not currently permitted through the Weld County Health
Department will require an ISDS evaluation. In the event the system(s) is found to
be inadequate, the system(s) must be brought into compliance with the current
Individual Sewage Disposal System Regulations. (Health Department)
1) The septic systems serving the office and the hospital must be reviewed by
a Colorado Registered Professional Engineer. The review shall consist of
observation of the system and a technical review describing the systems
ability to handle the proposed hydraulic load. The review shall be submitted
to the Environmental Protection Division of the Weld County Health
Department. In the event the system is found to be inadequate, it shall be
brought into compliance with current regulations. (Health Department)
E. The applicant shall submit to the Department of Planning Services, evidence of an
adequate water supply for the property. (Town of Platteville, DPS)
F. The applicant shall provide documentation to the Department of Planning Services,
of all easements and rights-of-way that would pertain to the section line between
Sections 19 and 20. If there is an easement or right-of-way on the section line, it
must be delineated on the plat map. If an easement or right-of-way is determined,
the appropriate agency/agencies shall be contacted. (Public Works)
G. The applicant shall delineate on the plat, a traffic circulation plan throughout the site
and adequate parking to accommodate all users. (Public Works)
H. All accesses utilizing the facility shall be graded and drained all weather access.
(Public Works)
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 5
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Bella Holsteins, c/o Gary Henrickson
USR-1195
1. The Site Specific Development Plan and Special Use Permit is for a Dairy and Animal
Feeding Operation for 5000 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 dust abatement plan included in the application materials. The dust
abatement plan is included in the document, titled Management Plan for Nuisance Control,
dated May 30, 1998. (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. 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)
10. 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. (Health Department)
Page 6
11. 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)
12. The facility shall be operated in a manner that controls odors. The facility shall operate, at
all times, in accordance with the odor abatement plan provided in the application materials.
The odor abatement plan is included in the document, titled Management Plan for Nuisance
Control, dated May 30, 1998. 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. Additional odor controlling measures 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)
13. 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)
14. 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)
Page 7
Pre m nary
15. The facility shall be operated in a manner to control flies. The facility shall be operated in
accordance, at all times, with the pest control plan included in the application materials.
The pest control plan is included in the document, titled Management Plan for Nuisance
Control, dated May 30, 1998. 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 or 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)
16. Any septic system located on the property must comply with all provisions of the Weld
County Individual Sewage Disposal System Regulations. (Health Department)
17. 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)
18. The facility shall be operated in accordance with the approved manure and waste water
management plan. (Health Department)
19. At such time the dairy operation should cease, the four-plex which is 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)
>0_ The facility will employ a maximum of eighteen employees, not including the owner and
owner's family. (Planning)
21. The 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. 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.
24. 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.
Page 8
25. 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.
26. 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.
27. 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 9
(ita DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, 32.632
FAX (
FAX (970) 352-6312
WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
GREELEY, COLORADO 80631
Ci
COLORADO
June 23, 1998
Bella Holsteins, Inc.
do Gary Henrickson -
13278 WCR 32
Platteville, CO 80651
Subject: USR-1195 - Request for a Site Specific Development Plan and Use by Special Review Permit for a
Dairy and Animal Feeding Operation for 5000 head of cattle on a parcel of land described as Sections
19 & 20, T3N, R66W of the 6th P.M., Weld County, Colorado.
Dear Mr. Henrickson:
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 August 04, 1998, 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 Town of Platteville Planning
Commission for its review and comments. Please call Robert Thorson at 970-785-2245 for further details
regarding the date, time, and place of this meeting. It is recommended that you and/or a representative be in
attendance at the Town of Platteville Planning Commission meeting 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.
Respectfully,
hester i 3
Current Planner
FIELD CHECK inspection date: 7/16/98
CASE NUMBER: USR-1195
APPLICANT: Bella Holsteins e/o Gary Henrickson
LEGAL DESCRIPTION: Part of Sections 19 and 20, T3N, R66W of the 6th P.M.,
Weld County, Colorado
LOCATION: South of and adjacent to Weld County Road 32
Zoning I Land Use
N A (Agricultural) N Cemetery, Agricultural
E A (Agricultural) E Agricultural
S A(Agricultural) S Agricultural
W A (Agricultural) W Agricultural, Platteville (less than a mile)
COMMENTS:
• On site, Currently operating a dairy. A very clean operation. No zoning or building code
violations are occurring. The milk barn will be relocated and some of the pens will be moved
and some new ones built. Lagoons are in place and drainage does not seem to be a problem.
There is a mobile home for employee housing, which is proposed to be removed and replaced
with a four-plex. The mobile home is in a deteriorating state. The four-plex will utilize the
same septic system and other utilities as the mobile home.
•
u ie A. Chester, Current P anner
FIELD CHECK
FILING NUMBER: USR-1195 DATE OF INSPECTION: 7/ / �D/ /U
APPLICANTS NAME: Bella Holsteins c/o Gary Henrickson
CURRENT PLANNER:Julie Chester
REQUEST: Site Specific Development Plan and Use by Special Review Permit for a Dairy and Animal Feeding
Operation for 5000 head of cattle.
LEGAL DESCRIPTION: Sections 19 & 20, T3N, R66 of the Pith P.M., Weld County, Colorado.
LOCATION: South of and adjacent to WCR 32.
LAND USE: NCAC'Ck fl
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w 43 3�y cnc, si-s)N A (Agricultural)
E A (Agricultural)
S A (Agricultural)
W A (Agricultural)
COMMENTS:
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