HomeMy WebLinkAbout20092067.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND THIRD AMENDED USE BY
SPECIAL REVIEW PERMIT #1282 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
LIVESTOCK FEEDING OPERATION FOR A TOTAL OF 11,240 HEAD OF CATTLE -
INCLUDING A DAIRY OPERATION AND 20 HORSES, AN ADDITIONAL MILK
PARLOR, OFFICE/SCALE HOUSE, ADDITIONAL PENS, AND REMOVING THE
LIMIT OF 2,000 DAIRY CATTLE (OUT OF THE 11,240 HEAD TOTAL) ASSOCIATED
WITH THE OPERATION AMENDED TO INCLUDE A NEW STORMWATER POND
AND EFFLUENT STORAGE, A NEW SEDIMENT BASIN, COMMODITY AREA AND
EXPANSION OF THE COMPOST AREA) IN THE A (AGRICULTURAL) ZONE
DISTRICT- JOHN AND DOROTHY JOHNSON
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 22nd day
of July, 2009, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of John and Dorothy Johnson, 23016 County Road 74, Eaton, Colorado
80615, for a Site Specific Development Plan and Third Amended Use by Special Review
Permit #1282 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 livestock feeding operation for a total of 11,240 head of
cattle - including a dairy operation and 20 horses, an additional milk parlor, office/scale house,
additional pens, and removing the limit of 2,000 dairy cattle (out of the 11,240 head total)
associated with the operation amended to include a new stormwater pond, and effluent storage,
a new sediment basin, commodity area and expansion of the compost area) in the
A (Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
Lot B of Amended Recorded Exemption #499,
Lot B of Recorded Exemption #3535, Lot A of
Amended Recorded Exemption #3535, and Lot A of
Recorded Exemption #3705; located in the NW1/4,
the SW1/4NE1/4, and the N1/2SE1/4 of Section 1,
Township 6 North, Range 65 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, at said hearing on July 22, 2009, the board deemed it advisable to continue
the matter to August 19, 2009, to allow adequate time to meet publication requirements prior to
consideration of the matter by the Planning Commission on August 4, 2009, and
WHEREAS, on August 19, 2009, the applicant was represented by Tom Haren,
AGPROfessionals, LLC, 4350 Highway 66, Longmont, Colorado 80504, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
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THIRD AMENDED SPECIAL REVIEW PERMIT #1282 - JOHN AND DOROTHY JOHNSON
PAGE 2
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of
the Weld County Planning Commission and all of the exhibits and evidence presented in this
matter and, having been fully informed, finds that this request shall be approved for the following
reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
a. Section 23-2-230.B.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
Section 22-2-20A (A.Goal 1) states, "Respect and encourage the
continuation of agricultural land uses and agricultural operations for
purposes which enhance the economic health and sustainability of
agriculture." Section 22-2-20.6 (A.Policy 2.3) states, "Encourage
development of agriculture and agriculturally related businesses and
industries in underdeveloped areas where existing resources can support
a higher level of economic activity. Agricultural businesses and industries
include those related to ranching, confined animal production, farming,
greenhouse industries, landscape production and agri-tainment or
agri-tourism uses." This application is to address proposed changes
(expansion of the composting area to the south and east and the
construction of an additional waste water pond) to an existing
11,240 -head dairy operation.
b. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40 B.16 of the Weld
County Code provides for livestock confinement operations (dairies) as a
Use by Special Review in the A (Agricultural) Zone District.
c. Section 23-2-230.6.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The site is
agricultural in character with existing residences located in close proximity
to the east and south of the site. There are three existing residences
located within 500 feet east of the site (across the Greeley No. 2 Canal),
there is also an existing residence located west of and adjacent to, and
across the street from, the feed storage area and composting area for the
dairy. There is another existing residence located approximately 650 feet
from the edge of the new pond. Three (3) other residences are located
approximately 1,000 to 1,200 feet to the south and southeast of the
proposed expanded composting area and pond. The applicant is
required to submit a Landscape and Screening Plan, demonstrating how
the impact to the neighboring residences to the south has been mitigated.
This requirement is consistent with the requirements of the previous
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THIRD AMENDED SPECIAL REVIEW PERMIT #1282 - JOHN AND DOROTHY JOHNSON
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amendment (2nd AMUSR-1282) which also permitted the applicant to
expand the facility to the south and west. The applicant will also be
required to demonstrate that existing lighting on the site is downcast and
shielded in compliance with Section 23-2-250.D of the Weld County
Code. The applicant will be required to adhere to specific Development
Standards imposed by the County as well as Confined Animal Feeding
Operation (CAFO) Regulations. This will ensure the facility is operating in
compliance with numerous Conditions which would not be required for a
facility operating as a Use by Right. The Conditions of Approval and
Development Standards will ensure that the operation is compatible with
existing surrounding land uses.
d. Section 23-2-230.B.4 -- The uses which will 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
Chapter 22 of the Weld County Code and any other applicable code
provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The site is not located within the three-mile referral area of
any municipalities.
e. Section 23-2-230.6.5 -- The site does not lie within any Overlay Districts.
Effective January 1, 2003, building permits issued on the proposed lots
will be required to adhere to the fee structure of the County -Wide Road
Impact Fee Program. Effective August 1, 2005, building permits issued
on the subject site will be required to adhere to the fee structure of the
Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee
Programs.
g
Section 23-2-230.B.6 -- The applicant has demonstrated a diligent effort
to conserve prime agricultural land in the locational decision for the
proposed use. The majority of the site is designated "Prime" with a
portion of the site designated as "irrigated non -prime" according to the
U.S.D.A. Soil Conservation Map, dated 1979. The majority of the site is
covered with existing improvements related to the dairy.
Section 23-2-230.6.7 -- The Design Standards (Section 23-2-240 of the
Weld County Code), Operation Standards (Section 23-2-250 of the Weld
County Code), Conditions of Approval, and Development Standards
ensure that there are adequate provisions for the protection of the health,
safety, and welfare of the inhabitants of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of John and Dorothy Johnson, for a Site Specific
Development Plan and Third Amended Use by Special Review Permit #1282 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
livestock feeding operation for a total of 11,240 head of cattle - including a dairy operation and
20 horses, an additional milk parlor, office/scale house, additional pens, and removing the limit
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of 2,000 dairy cattle (out of the 11,240 head total) associated with the operation amended to
include a new stormwater pond, and effluent storage, a new sediment basin, commodity area
and expansion of the compost area) in the A (Agricultural) Zone District, on the parcel of land
described above be, and hereby is, granted subject to the following conditions:
Prior to recording the plat:
A. Each sheet of the plat shall be labeled 3rd AMUSR-1282.
B. The applicant shall submit a Landscape/Screening Plan to the
Department of Planning Services, for review and approval. The applicant
may place "plant material" or other acceptable screening material to
mitigate the impacts of the facility from adjacent properties to the south
and east of the site. Upon approval, the Landscape Plan shall be placed
on the plat. *This condition was approved for the previous amendment to
this dairy facility (under 2nd AMUSR-1282).'
A Lighting Plan, including cut sheets of the intended lights, shall be
provided to the Department of Planning Services, for review and
approval. The applicant shall demonstrate that the existing lighting on the
site complies with the lighting standards, in accordance with
Sections 23-3-360.F and 23-2-250.D of the Weld County Code.
D. There is an existing road system east of the concrete ditch which is being
utilized for feed alley access at many locations. The applicant shall work
with the Weld County Department of Public Works to minimize accesses
which are not crucial to the operation. Any accesses not required shall be
removed and not indicated on the plat. Written evidence of such shall be
provided to the Department of Planning Services.
E. The applicant shall attempt to address the requirements of the Galeton
Fire Protection District (Chief Tom Moore) as stated in the referral
response (undated). Evidence of such shall be provided to the
Department of Planning Services.
The applicant has not delineated any on -site sign(s). If on -site sign(s) are
desired, the signs shall adhere to Chapter 23, Article IV, Division 2 of the
Weld County Code, regarding signs in the A (Agricultural) Zone District.
Further, the location of the sign, if applicable, shall be delineated on the
plat.
The applicant shall provide documentation, prepared by a Colorado
registered professional engineer, indicating that all wastewater
impoundments for the Confined Animal Feeding Operation (CAFO) meet
seepage rate standards of Colorado Water Quality Control Commission
Regulation 81.
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H. The applicant shall provide evidence that a Standard Operating
Procedure for sludge and manure removal (cleaning of impoundments to
maintain capacity) has been submitted for approval to the Colorado Water
Quality Control Division, as required by Colorado Water Quality Control
Commission Regulation Number 81. Written evidence of approval shall
be provided to the Departments of Planning Services and Public Health
and Environment.
The applicant must amend the Management Plan for Nuisance Control to
include a specific commitment to water and/or treat the internal haul
roads for dust control. The applicant shall commit to additional and
ongoing efforts to minimize stormwater run-on from adjacent property.
Evidence of such shall be provided to the Departments of Public Health
and Environment and Planning Services.
J. The applicant shall either submit a copy of an agreement with the
property's mineral owner/operators, stipulating that the oil and gas
activities have been adequately incorporated into the design of the site, or
show evidence that an adequate attempt has been made to mitigate the
concerns of the mineral owner/operators.
K. The applicant shall enter into an Improvements Agreement According to
Policy Regarding Collateral for Improvements and post adequate
collateral for all required materials (landscaping/screening
improvements). The agreement and form of collateral shall be reviewed
by County staff, and accepted by the Board of County Commissioners,
prior to recording the plat.
The plat shall be amended to delineate the following:
1. The attached Development Standards.
County Roads 47 and 74 are designated on the Weld County
Road Classification Plan as major arterial roads, which require
140 feet of right-of-way at full buildout (70 -feet from the centerline
of County Road 47 and 74). A total of 70 -feet from the centerlines
of County Roads 47 and 74 shall be delineated on the plat as
future County Road 47 and 74 right-of-way. The applicant shall
verify the existing right-of-way and the documents creating the
right-of-way. All setbacks shall be measured from the edge of
future right-of-way. If the right-of-way cannot be verified, it shall
be dedicated. These roads are maintained by Weld County.
3. The approved Lighting Plan.
4. The approved Landscape/Screening Plan.
5. Any approved signs.
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6. The plat shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
The applicant shall submit three (3) paper copies of the plat, for
preliminary approval, to the Weld County Department of Planning
Services.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit a
Mylar plat, along with all other documentation required as Conditions of Approval.
The Mylar plat shall be recorded in the office of the Weld County Clerk and
Recorder by the Department of Planning Services. The plat shall be prepared in
accordance with the requirements of Section 23-2-260.D of the Weld County
Code. The Mylar plat and additional requirements shall be submitted within One
Hundred Eighty (180) days from the date of the Board of County Commissioners
Resolution. The applicant shall be responsible for paying the recording fee.
3. The Department of Planning Services respectfully requests the surveyor provide
a digital copy of this Third Amended Use by Special Review. Acceptable CAD
formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are
ArcView shapefiles, Arclnfo Coverages, and Arclnfo Export files format type is
.e00. The preferred format for Images is .tif (Group 4). (Group 6 is not
acceptable). This digital file may be sent to maps@co.weld.co.us.
Prior to Release of Building Permits:
A. A building permit application must be completed and two complete sets of
plans, including engineered foundation plans bearing the wet stamp of a
Colorado registered architect or engineer, must be submitted for review.
A Geotechnical Engineering Report, performed by a Colorado registered
engineer shall be required.
A plan review shall be approved, and a permit must be issued, prior to the
start of construction.
A letter from the Galeton Fire District shall be provided to the Department
of Building Inspection, indicating whether or not a Fire District permit is
required.
5. The Third Amended Use by Special Review activity shall not occur, nor shall any
building or electrical permits be issued on the property, until the Third Amended
Use by Special Review plat is ready to be recorded in the office of the Weld
County Clerk and Recorder.
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THIRD AMENDED SPECIAL REVIEW PERMIT #1282 - JOHN AND DOROTHY JOHNSON
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 19th day of August, A.D., 2009.
ATTEST:
Weld County Clerk to the
BY:
Deputy Clerk to the Boar
BOARD OF
WELD CO
UNTY COMMISSIONERS
,COLORADO
---w
ouglas Rademacher, Pro-Tem
EXCUSED
Sea P. Conway
APPROVED �/��h
Bar ra Kirkmeye r
ou y Attorney L Long `4
David E.
Date of signature: 9//50?
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SITE SPECIFIC DEVELOPMENT PLAN
THIRD AMENDED USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JOHN AND DOROTHY JOHNSON
3RDAMUSR #1282
1. A Site Specific Development Plan and Third Amended Use by Special Review
Permit #1282 is 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 livestock feeding operation for a
total of 11,240 head of cattle - including a dairy operation and 20 horses, an additional
milk parlor, office/scale house, additional pens, and removing the limit of 2,000 dairy
cattle (out of the 11,240 head total) associated with the operation amended to include a
new stormwater pond, and effluent storage, a new sediment basin, commodity area and
expansion of the compost area) in the A (Agricultural) Zone District.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
Historical flow patterns and runoff amounts will be maintained on the site in such a
manner that it will reasonably preserve the natural character of the area and prevent
property damage of the type generally attributed to runoff rate and velocity increases,
diversions, concentration, and/or unplanned ponding of storm runoff.
4. There shall be no parking or staging of vehicles on County Roads. The site shall utilize
on -site parking.
5. The off-street parking spaces, including the access drive, shall be surfaced with gravel,
asphalt, concrete, or the equivalent, and shall be graded to prevent drainage problems.
Each parking space shall be equipped with wheel guards or curb stops, where needed,
to prevent vehicles from extending beyond the boundaries of the space and coming into
contact with other vehicles, walls, fences, or plantings.
Employees shall utilize the existing parking locations adjacent to the existing milking
parlors and scale house area.
7. Dust suppressant chemical shall be applied to County Road 47 no less than twice per
year, or more often as determined by the Weld County Public Works Motor Grader
Supervisor.
8. The operation shall be limited to a total of one -hundred (100) employees.
9. Semi -tractor trailers picking up milk shall be limited to fifteen (15) trucks per 24 -hour
period, and semi -trailer commodity trucks (feed/compost) shall be limited to fifteen (15)
trucks per day, on average.
10. The hours of operation in the milking parlors and related facilities will be 24 hours per
day, 365 days a year. Equipment operations, trucks, farming activities, and
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DEVELOPMENT STANDARDS - JOHN AND DOROTHY JOHNSON (3RDAMUSR #1282)
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maintenance activities, other than emergencies, will occur primarily during daylight
hours, as stated in the application.
11. The facility shall operate in compliance with Colorado Water Quality Control Commission
Regulation Number 81.
12. The facility shall maintain Confined Animal Feeding Operation (CAFO) Colorado
Discharge Permit coverage and operate in compliance with Colorado Water Quality
Control Commission Regulation Number 61. There shall be no discharge of manure or
process wastewater, except as provided in the facility's CAFO Colorado Discharge
Permit.
13. Land application of manure and wastewater shall be made at agronomic rates using
practices and procedures which are protective of ground and surface waters. Land
applications shall be in accordance with the facility's Manure and Wastewater
Management Plan, Facility Management Plan, or Nutrient Management Plan. There
shall be no discharge from land application areas except for agricultural stormwater.
14. The facility shall be operated and maintained in a manner to prevent nuisance
conditions.
15. The facility shall control fugitive dust on this site and operate in accordance with the
currently approved Management Plan for Nuisance Control.
16. The facility shall be operated in a manner to control pests. The facility shall be operated
in accordance, at all times, with the currently approved Management Plan for Nuisance
Control. Additional control measures shall be implemented at the request of the Weld
County Department of Public Health and Environment in the event that rodents (which
can be determined to be associated with the facility) are in such a number to be
considered a nuisance condition.
17. The facility shall be operated in a manner to control flies. The facility shall be operated
in accordance, at all times, with the currently approved Management Plan for Nuisance
Control. Additional fly control measures shall be implemented at the request of the Weld
County Department of Public Health and Environment 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. Additional controls shall also be implemented in the event the Weld
County Department of Public Health and Environment receives a significant number of
fly complaints associated with the facility, and in the judgment of the Weld County Health
Officer, there exists a fly condition requiring abatement.
18. The facility shall be operated in accordance with the approved Nuisance Control Plan.
Odors detected off the site shall not equal or exceed the level of a fifteen -to -one dilution
threshold, as measured using methods set forth in Regulation 2 of the Colorado Air
Pollution Control Regulations. Additional controls shall be implemented at the request of
the Weld County Department of Public Health and Environment in the event odor levels
detected off the site of the facility meet or exceed the level of a fifteen -to -one dilution
threshold, or in the judgment of the Weld County Health Officer, there exists an odor
condition requiring abatement.
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19. The applicant shall remove, handle, and stockpile manure from the livestock area in a
manner which 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 Colorado Water Quality Control
Commission Regulation Number 81.
20. An Individual Sewage Disposal System (I.S.D.S.) is required for the proposed facility and
must be designed by a Colorado registered professional engineer and in accordance
with Weld County I.S.D.S. Regulations. Any I.S.D.S. on the property shall be permitted,
installed, maintained and operated in compliance with Weld County I.S.D.S.
Regulations.
21. The facility shall operate in compliance with applicable Colorado Air Quality Control
Commission Regulations. There shall be no open burning except "agricultural open
burning," as defined by Colorado Air Quality Control Commission's Regulation 9.
22. There shall be no permanent disposal of solid wastes at this site, as defined in the
Regulations Pertaining to Solid Waste Disposal Sites and Facilities (6 CCR 1007-2).
23. The facility shall adhere to the maximum permissible noise levels allowed in the Light
Industrial Zone District, as delineated in Section 25-12-103, C.R.S.
24. Waste materials, not specifically addressed by other development standards, shall be
handled, stored, and disposed of in a manner which controls fugitive dust, blowing
debris, and other potential nuisance conditions.
25. If required, a Stormwater Discharge Permit shall be obtained from the Colorado Water
Quality Control Division for construction activities.
26. Prior to use, the applicant shall provide certification by a Colorado registered
professional engineer that the proposed wastewater impoundment meets the liner
seepage rate, separation from seasonal high groundwater, and water well setback
requirements for new open lot wastewater impoundments, found in Colorado Water
Quality Control Commission Regulation Number 81.
27. The composting operation shall comply with Section 14 of the Regulations Pertaining to
Solid Waste Disposal Sites and Facilities (6 CCR 1007-2).
28. Effective January 1, 2003, building permits issued on the proposed site will be required
to adhere to the fee structure of the County -Wide Road Impact Fee Program.
29. Effective August 1, 2005, building permits issued on the subject site will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee Programs.
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30. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
31. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
32. The property owner or operator shall be responsible for complying with the Livestock
Confinement Operation standards of Section 23-4-350 of the Weld County Code.
33. The property owner or operator shall be responsible for complying with the Livestock
feeding performance standards of Section 23-4-710 of the Weld County Code.
34. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
35. Weld County Government personnel 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.
36. The Third Amended Use by 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
Board of 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.
37. 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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