HomeMy WebLinkAbout991570.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Sherrill and Les Hardesty, Case Number AmUSR-587
Hard-Le Holsteins
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 (62 pages) X
8 Referral list X
9 Division of Wildlife referral received 05/20/99 X
10 Planning Commissioner referral received 05/04/99 X
11 Town of Eaton referral received 05/11/99 X
12 USDA/APHIS referral received 05/18/99 X
13 Eaton Fire Protection District referral received 06/02/99 X
14 Weld County Health Dept. referral received 05/25/99(5 pgs) X
15 Weld County Extension office referral received 05/21/99 X
16 Weld County Public Works Dept. referral received 5/24/99 (2pgs) X
17 Weld County Code Compliance referral received 05/03/99 X
18 Weld County Building Inspection referral received 05/07/99 X
19 West Greeley Soil Conservation District referral received X
05M1/99
20 Eaton School District referral received 05/18/99 (4 pages) X
21 City of Greeley Planning Dept. referral received 06/03/99(6 pgs) X
22 8 112 X 11 maps submitted by applicant(5 pages) X
23 Deed X
24 Certificate of Conveyance X
25 Letter from Patina Oil &Gas Corp.dated June 8, 1999 (3 pgs) X
26 Letter from Silviano Munoz received June 10, 1999 X
27 Letter from Sonny and Darick Schneider dated May 24, 1999 X
28 Letter from Mike Nelson received June, 1999 X
991570
29 Letter from Thomas Jenkinson,Western Dairyfarmers' General X
Manager dated June 2, 1999
30 Letter from R. Page Dinsmore, DVM dated June 1, 1999 X
31 Letter from Carl Barnett, President, Ellis &Capp received 6/03/99 X
32 Letter from Jerry Olson, DVM, MS received May 18, 1999 X
33 Letter from Lonnie Ochsner,VP, Norwest Bank received 5/11/99 X
34 Letter from Fred Lombardi, Exec. Dir. Of Colorado Beef Council X
received May 19, 1999
35 Letter from Thomas Rainbolt, Farm Credit Services received X
5/05/99
36 Letter from John Adams, Pres. of Dairy Specialists received X
5/13/99
37 Letter from Richard Podtburg, received May 24, 1999 X
38 Letter from Edward Schnorr, received May 24, 1999 X
39 Letter from Richard Dumm, DVM received May 24, 1999 X
40 Letter from Dr.Wayne Cunningham received June 1, 1999 X
41 Surrounding Property Owners (15 pages) X
42 North Weld County Water District letter dated Feb. 12, 1999 X
43 Septic permits(8 pages) X
44 Soil Survey(8 pages) X
45 Letter from Ranch-way Feeds received June 07, 1999 X
46 Letter from Franklyn Garry, DVM received June 07, 1999 X
44 Items submitted at planning commission
I hereby certify that the 44 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.
C ,
J e A. Chester + Current Planner
STATE OF COLORADO )
COUNTY OF WELD )
SUBSCRIBED and SWORN TO BEFORE ME THIS /5 day of 0 ' -Q- 19 91.
SEAL
U J NOTARY PUBLIC
MY COMMISSION EXPIRES Col - 03 -&co on,
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CLAND USE APPLICATION
•0 1 ADO
SUMMARY SHEET
Case Number: AmUSR-587 Hearing Date: June 15, 1999
Applicant: Sherrill and Les Hardesty, Hard-Le Holsteins
Address: 15274 WCR 72, Greeley, CO 80631
Planner: Julie A. Chester
Request: A Site Specific Development Plan and a Special Review Permit for an
Agricultural Service Establishment primarily engaged in performing agricultural,
animal husbandry, or horticultural services on a fee or contract basis, including:
Livestock Confinement Operations ( a dairy for 1850 head of cattle)
Legal Description: NW4 of Section 10, T6N, R66W of the 6th P.M., Weld County, Colorado
Location: South of and adjacent to WCR 72, East of and adjacent to WCR 31
Size of Parcel: 136 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:
• Colorado Division of Wildlife, referral received 05/20/99
• Town of Eaton, referral received 05/11/99
• USDA/APHIS, referral received 05/18/99
Eaton Fire Protection District, referral received 06/02/99
• Weld County Department of Public Health and Environment, referral received 05/25/99
• Weld County Extension Office, referral received 05/21/99
• Weld County Public Works Department, referral received 05/24/99
• Weld County Code Enforcement, referral received 05/03/99
• Weld County Building Inspection, referral received 05/07/99
• West Greeley Soil Conservation District, referral received 05/11/99
• Eaton School District, referral received 05/18/99
City of Greeley Planning Department and Planning Commission, referral received 06/03/99
Page 1 1111
SPECIAL REVIEW PERMIT
r t tt ADMINISTRATIVE REVIEW
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PLANNER: Julie A. Chester
CASE NUMBER: AmUSR-587 HEARING DATE: June 15, 1999
APPLICANT: Sherrill and Les Hardesty, Hard-Le Holsteins
ADDRESS: 15274 WCR 72, Greeley, CO 80631
REQUEST: A Site Specific Development Plan and a Special Review Permit for an Agricultural
Service Establishment primarily engaged in performing agricultural, animal
husbandry, or horticultural services on a fee or contract basis, including: Livestock
Confinement Operations ( a dairy for 1850 head of cattle)
LEGAL DESCRIPTION: NW4 of Section 10, T6N, R66W of the 6th P.M., Weld County,
Colorado
LOCATION: South of and adjacent to WCR 72, East of and adjacent to WCR 31
tom` SIZE OF PARCEL: 136 acres
PARCEL NUMBER: 0805-10-000009
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 map indicates that this property is prime farmground, however, the
property is currently being utilized for agricultural purposes, including a dairy and
feedlot. A.Policy 1 states, "Agricultural zoning will be established and maintained
to protect and promote the County's agricultural industry".
b. Section 24.3.1.2—The proposal is consistent with the intent of the district in which
r 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
Page 2
livestock confinement operations, are permitted as a Use by Special Review in the
Agricultural zone district.
r" c. Section 24.3.1.3--The uses which would be permitted will be compatible with the
existing surrounding land uses. Existing surrounding land uses include farm fields
of alfalfa and corn, a feedlot, a few residences and other agricultural uses. USR-
587 was originally approved in October of 1983 for an expansion of a feedlot to
3000 head of cattle and 1000 hogs. On April 3, 1990, Les Hardesty sent a letter to
the Department of Planning Services requesting this permit be abandoned, however
the permit was never vacated. At the time of the request, Mr. Hardesty informed
the Planning Department that he would be operating a dairy with the number of
animals allowed by right. The dairy has been operating in this manner since at least
1990 and will remain compatible with surrounding land uses.
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 located within the three mile referral area
of the City of Greeley and the Town of Eaton. The Town of Eaton's referral
response indicated no conflicts with their interests and the City of Greeley's
Planning Commission forwarded a recommendation of no objection to the Weld
County Planning Commission, based on the submitted application.
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. The entire area within the Special Review
Permit area is designated as prime farmground, however the entire parcel is
engaged in agriculture for a dairy and crop areas.
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 60 days of approval by the Board of County
Commissioners. (Dept. of Planning)
Page 3
2. Prior to recording the plat:
A. The facility shall demonstrate compliance with the Confined Animal Feeding
re%, Operations Control (CAFO) Regulation. This shall be demonstrated by submitting
a comprehensive manure and waste water management plan, for a 1,850 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, in accordance with State
regulations. (Health Department)
(2) Demonstration that any existing or proposed waste water retention 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. (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 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)
(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. Evidence of Weld County Health
Department approval shall be submitted to the Weld County Planning Department.
(Health Department)
D. A dust abatement plan shall be submitted to the Weld County Health Department
for review and approval. Evidence of Weld County Health Department approval
shall be submitted to the Weld County Planning Department. (Health Department)
Page 4
E. A fly control plan shall be submitted to the Weld County Health Department for
review and approval. Evidence of Weld County Health Department approval shall
be submitted to the Weld County Planning Department. (Health Department)
F. An odor control plan shall be submitted to the Weld County Health Department for
review and approval. Evidence of Weld County Health Department approval shall
be submitted to the Weld County Planning Department. (Health Department)
G. The applicant shall enter into an agreement with Patina Oil and Gas Corporation
regarding the relocation of flowlines and modification of wellheads. (Patina Oil)
H. There are five existing accesses to the facility, two residential and three agricultural.
The western access has a "Y" split. The eastern portion of the split shall be closed
to minimize access points onto WCR 72. The internal road access shall enter onto
WCR 72 at a 90 degree angle to provide adequate sight distance in both directions.
This access shall accommodate the two proposed residential structures designated
on the plat. (Public Works)
The cul-de-sac shall have a fifty (50) foot turn-around radius. (Public Works)
J. The new internal roadway shall be a minimum of twenty (20) feet wide to
accommodate emergency equipment and two-way traffic. (Public Works)
K. The plat shall be amended to delineate the following:
1) The existing and proposed landscaping indicated in the application
r,,, materials. (Planning)
2) All Oil and Gas equipment located on the property. (Planning)
3) The access points approved by the Weld County Department of 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
Sherrill and Les Hardesty, Hard-Le Holsteins
AmUSR-587
1. The Site Specific Development Plan and Special Use Permit is for a Dairy and Animal
Feeding Operation for 1850 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. (Weld County Building Inspection, 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)
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
Page 6
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)
n 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)
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)
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Page 7
20. At such time the dairy operation should cease, the four structures for employee housing,
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. 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. Patina Oil & Gas Corporation own oil and gas leasehold rights under the lands of this
Special Review Permit. The property owner shall allow Patina, 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
Hardesty 10-5G6 and Carlson 10-1 wells located on these lands. (Patina Oil and Gas
Corporation)
24. 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.
25. 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.
26. 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.
27. 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.
28. 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.
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Page 8
FIELD CHECK P"1
FILING NUMBER: AmUSR-587 DATE OF INSPECTION: J�'4/- 99
APPLICANTS NAME: Hard-Le Holsteins, Go Lester Hadesty
PLANNER: Julie Chester
REQUEST: Site Specific Development Plan and Use by Special Review Permit for an Agricultural Service
establishment primarily engaged in performing agricultural, animal husbandry, or horticultural
services on a fee or contract basis, including: Livestock Confinement Operations (a Dairy for
1850 cattle).
LEGAL DESCRIPTION: The NW4 of Section 10, T6N, R66W of the 6th P.M., Weld County, Colorado.
LOCATION: South of and adjacent to Weld County Road 72 and east of and adjacent to Weld County
Road 31.
LAND USE:
S a-ivarattziec
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ZONING: N A(Agricultural)
E A(Agricultural)
S A(Agricultural)
W A(Agricultural)
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COMMENTS: Q—v. >ie n . , (QJ
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P.C. Member
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DEPARTMENT OF PLANNING SERVICES
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PHONE (970) 353-6100, EXT.3540
jApt FAX (970)304-6498
17TH
1555 N. 17TH AVENUE
GREELEY, COLORADO 80631
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COLORADO
April 28, 1999
EnviroStock, Inc.
Go Philip Brink
11990 Grant St., STE. 402
Denver, CO 80233
Subject: AmUSR-587 - Request for a Site Specific Development Plan and Use by Special Review Permit for an
Agricultural Service establishment primarily engaged in performing agricultural, animal husbandry, or
horticultural services on a fee or contract basis, including: Livestock Confinement Operations(a dairy for 1850
head of cattle) on a parcel of land described as The NW4 of Section 10, T6N, R66W of the 6th P.M., Weld
County, Colorado.
Dear Mr. Brink:
r'" . 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 June 15, 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.
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 Eaton and the City of Greeley Planning Commission for its
review and comments. Please call the Town of Eaton at(970)454-3338 and the City of Greeley at(970)350-9780 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 Eaton and the City of Greeley 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.
/"` Respectfu y,
�� , ()hi 11111
Julie Chester
Planner
r FIELD CHECK inspection date: June 4, 1999
CASE NUMBER: AmUSR-587
APPLICANT: Sherrill and Lester Hardesty/Hard-Le Dairy
LEGAL DESCRIPTION: NW4 of Section 10, T6N, R66W of the 6th P.M., Weld
County, Colorado
LOCATION: North of and adjacent to Weld County Road 72, East of and adjacent to
WCR 31
Zoning lend Use,,
N A (Agricultural) N Alfalfa/Center pivot
E A(Agricultural) E One house about I/4 mile away, feedlot I mile
S A(Agricultural) S New house/field, Agricultural
W A(Agricultural) W Agricultural/Oil and Gas/House
COMMENTS:
Posted sign. No violations. The dairy itself is a very clean operation. Only a few
residences within close proximity. Very agricultural area with alfalfa and corn and
other agricultural type uses.
er .i_L.‘
Julie A. Chester, Current Planner
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