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Home My WebLink About20081295.tiff INVENTORY OF ITEMS FOR CONSIDERATION Applicant Martin and Johanna Bangma Case Number AMUSR-686 1989 Trust and Rocky Mountain Fuel Company • Submitted or Prepared Prior to At Hearing Hearing -PG-Resolution- 1 Staff Comments X Department of Planning Services Field Check Form X Planning Commissioner Field Check Form Letter to Applicant X Affidavit of sign posting X 2 Legal Notifications X 3 Application X 4 Referral List X Referrals without comment X USDA Veterinary Services, referral dated January 8,2008 X Weld County Zoning Compliance, referral dated January 8, 2008 X City of Longmont, referral dated January 23,2008 X • Weld County Extension Office, referral dated February 5,2008 X 5 Referrals with comments X Little Thompson Water District, referral dated January 14,2008 X Mountain View Fire Protection District, referral dated January 17,2008 X Weld County Department of Planning Services, Landscape, referral dated January X 14,2008 Weld County Department of Building Inspection, referral dated January 31, 2008 X Town of Mead, referral dated February 4,2008 X Longmont Soil Conservation District, referral dated February 5,2008 X Weld County Department of Public Works, referral dated February 8,2008 X State of Colorado Division of Wildlife, referral dated January 30, 2008 X Weld County Sheriff's Office, referral dated February 22,2008 X Weld County Department of Public Health and Environment, referral dated March X 7, 2008 6 Maps X 7 Deed/Easement Certificate X H q 8 Surrounding Property/Mineral Owners (,) U — PC 6xhLc,cL ) X m $, • 8.a Letter from Larry Budler (PC E x) X 8.b Email from Mike McNeil dated February 17, 2008 (pc_ Cy) X c 8.c Email from Marjorie Griek dated February 15,2008 (PC Gx) X � smut 2008-1295 8.d Email from Marjorie Griek dated February 3,2008 1 jC Et) X - 8.e Letter from Susan Haley dated February 18,2008 (ire EX) X 8.f Letter from John Haley dated February 18, 2008 (Pc EX) X 8.g Letter from Richard Kraemer with Kraemer, Golden&Obrien LLC dated February X • 13,2008 (pc EX) 8.h Petition letter (pc DO 8.i Petition signed Robert and Irene Edwards dated February 24,2008 (pc EX) X 84 Petition signed John Thompson dated February 16, 2008 (tic EX) X 8.k Petition signed Jennifer Youngs dated February 25,2008 (9C 5)C) X 8.1 Petition signed Summer&Ryan Ehmann dated February 13,2008 (k EX) X 8.m Petition signed Nyla&Hauk Geisman dated February 9, 2008 and February 14, X 2008 (PC Ex) 8.n Petition signed Haley Land Company dated February 14,2008 (/K EX) X 8.o Petition signed Darin& Misshell Sutter dated February 12,2008 (x 6y) X 8.p Petition signed Al Schuabel dated February 8,2008 (Pc! FX) X 9 Utilities X 10 Soil Survey X 11 PC Exhibits X 11.a Presentation by Agprofessionals LLC X 11.b Letter from Kenneth Williamson dated March 7,2008 X 11.c Letter from Kenneth Williamson/Liberty Properties LLLP dated February 5,2008 X • `- 11.d Letter from R. Monroe X 11.e Petition package containing over 100 signatures dated March 17, 2008 X 11.f Petition signed Randy Baird dated March 9,2008 X 11.g Email from Joe Gerdum with the Town of Mead dated March 13,2008 X I hereby certify that the forty nine items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Board of County Commissioners hearing. Jacqueline H ch n I finer • ferrig • 0 • SD USE APPLICATION UMMARY SHEET COLORADO Planner: Jacqueline Hatch Case Number: AMUSR-686 Hearing Date: March 18, 2008 Applicant: Martin and Johanna Bangma 1989 Trust and Rocky Mountain Fuel Company represented by Mile High Dairy LLC c/o Dusty McCormick with AGPROfessionals LLC, 4350 Hwy 66, Longmont CO 80504 Site Address: 15333 County Road 5, Mead, CO 80542 Request: An Amended Site Specific Development Plan and a Special Review Permit for a Livestock Confinement Operation (1,940 head dairy including milking cows, dry cows, heifers, and calves) and one single family dwelling unit per lot other than those permitted under Section 23-3-20.A of the Weld County Code (two single family employee homes) in the A (Agricultural) Zone District. Legal Description: A parcel being part of the E2 and Lot B of RE-525 also being part of the E2 of Section 17, T3N, R68W of the 6th P.M., Weld County, CO. Location: West of and adjacent to County Road 5 and north of and adjacent to County Road 32. • Size of Parcel: 183 +/- acres total— USR Boundary 60 +/-acres Parcel Number: 1207 17 000014 & 1207 17 000027 POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code. The Department of Planning Services' staff has received responses from the following agencies: • Weld County Zoning Compliance, referral dated January 8, 2008 • Weld County Department of Public Health and Environment, referral dated March 7, 2008 • Weld County Department of Public Works, referral dated February 8, 2008 • Weld County Department of Building Inspection, referral dated January 31, 2008 • Weld County Department of Planning Services Landscape referral, dated January 14, 2008 • Longmont Soil Conservation District, referral dated February 5, 2008 • City of Longmont, referral dated January 23, 2008 • Town of Mead, referral dated February 4, 2008 • USDA—Veterinary Services, referral dated January 8, 2008 • Colorado Division of Wildlife, referral dated January 30, 2008 • Little Thompson Water District, referral dated January 14, 2008 • Mountain View Fire Protection District, referral dated January 17, 2008 • CSU Cooperative Extension Office, referral dated February 5, 2008 • Weld County Sheriffs Office, referral dated February 22, 2008 • EXHIBIT AMUSR-686 Mile High Dairy LLC Page 1 of 13 The following agencies have not responded: • • State of Colorado Department of Health • Boulder County • • AMUSR-686 Mile High Dairy LLC Page 2 of 13 • SPECIAL REVIEW PERMIT .^1 ADMINISTRATIVE REVIEW wiik COLORADO Planner: Jacqueline Hatch Case Number: AMUSR-686 Hearing Date: March 18, 2008 Applicant: Martin and Johanna Bangma 1989 Trust and Rocky Mountain Fuel Company represented by Mile High Dairy LLC c/o Dusty McCormick with AGPROfessionals LLC, 4350 Hwy 66, Longmont CO 80504 Site Address: 15333 County Road 5, Mead, CO 80542 Request: An Amended Site Specific Development Plan and a Special Review Permit for a Livestock Confinement Operation (1,940 head dairy including milking cows, dry cows, heifers, and calves) and one single family dwelling unit per lot other than those permitted under Section 23-3-20.A of the Weld County Code (two single family employee homes) in the A(Agricultural)Zone District. Legal Description: A parcel being part of the E2 and Lot B of RE-525 also being part of the E2 of . Section 17, T3N, R68W of the 6th P.M., Weld County, CO. Location: West of and adjacent to County Road 5 and north of and adjacent to County Road 32. Size of Parcel: 183 +/-acres total — USR Boundary 60 +/-acres Parcel Number: 1207 17 000014 & 1207 17 000027 THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE DENIED 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 Department of Planning Services' staff that the applicant has not shown compliance with Section 23-2-220 of the Weld County Code as follows: A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. Section 22-5-30 for Wildlife Goals and Policies 3.W.Policy 1.3 states: "The County will identify and attempt to protect critical or unique habitat areas of high public value, such as habitats of endangered or unique species, significant viewing areas and breeding and spawning areas."The Division of Wildlife, in their referral dated January 30, 2008, states, "According to the Colorado Division of Wildlife Natural Diversity Information Source Maps • for Weld County, this general area provides winter range for bald eagles, foraging areas and winter range and winter concentration areas for ducks and geese, and is within the AMUSR-686 Mile High Dairy LLC Page 3 of 13 overall range for pheasant and mule deer and white tailed deer. Raptors and songbirds • have also been observed in the area. In addition, a check with the U.S. Fish and Wildlife Service as to the Preble's Meadow Jumping Mouse may be appropriate for any development what would possible occur near wetlands associating with the property. A row of cottonwood trees is located on the southern edge of the property. A raptor surveyor may be warranted to determine utilization of the area and potential impact to raptors if disturbance is expected. Native trees and downed or dead wood on the property should be left in place for continued benefits to wildlife." They proceed to state "Water quality may be impacted and any storage ponds should be built and maintained to minimize impact to wildlife. Screening structure and water quality monitoring and other measure may be necessary. Close coordination with the Colorado Division of Wildlife may assist in minimizing impacts to wildlife while maintaining quality water resources in the area." The Division of Wildlife also states that any heavy equipment that may come in contact with any water resources in the area: if heavy equipment is acquired that was previously working in another stream, river, lake, pond, or wetland within 10 days of working on this project a disinfection practice is necessary to prevent the spread of New Zealand Mud Snails and other aquatic hitchhikers into this drainage. The Weld County Code allows for four (4) cattle per acre. The site is one hundred and eighty three acres (183) which would allow for seven hundred and thirty two (732) cattle as a use by right in the Agricultural Zone District. The applicant is proposing one thousand nine hundred and forty(1940) cattle on the site. The Department of Planning Services has determined from the referral from the Colorado Division of Wildlife that there is a need to protect critical or unique habitat areas of high public value, such as habitats of endangered or unique species in the area. B. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the • existing surrounding land uses. The surrounding properties are zoned agricultural. The Town of Mead is located approximately 1/8 mile to the south. SUP-334 for a reservoir is located approximately mile north of the site. USR-1419 for the parking of carnival equipment is located approximately 1/8 mile north of the site. USR-1421 for a single family dwelling is located approximately % mile west of the site. There are eighteen (18) property owners located within five hundred feet (500) of the site. At this time, the Department of Planning Services has received fourteen (14) letters. Two (2) of the letters are in support of the proposal. Twelve (12) letters are opposed to the proposal. Two of the letters from the same individual recommend that the dairy invest in an anaerobic digester for the manure which would reduce the odor, eliminate the needs for settling ponds and could even be used to generate electricity to power some of the operation. A majority of the letters opposed to the operation focused on the problems with the existing site including flies, odor, truck traffic and the reduction of property values. The surrounding property owners are concerned that if the site is allowed to expand the existing issues will get worse and that the expansion of the use will not be compatible with the surrounding property. One letter outlines that the site is located in an area that is in the planned growth areas for the Town of Mead and the City of Longmont. The letter also states that the expansion of the dairy is inconsistent the Town of Meads growth plan. Property owners have expressed concerns not only with the expansion of the facility but the existing facility. Staff believes that the Conditions of Approval and Development Standards will not be able to ensure that the use will be compatible with existing surrounding land uses. • C. Section 23-2-220.A.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 AMUSR-686 Mile High Dairy LLC Page 4 of 13 applicable code provisions or ordinances in effect, or the adopted Master Plans of • affected municipalities. Section 22-2-110.C.1.c UGB.Policy 3.1.3 states "The proposed use attempts to be compatible with the adjacent municipality's comprehensive plan. The property is within the three (3) mile referral area for the Town of Mead and the City of Longmont along with Boulder County. The City of Longmont in their referral dated January 23, 2008 state that they have reviewed the request and find no conflict with their interests. No comments were received from Boulder County. The Town of Mead in their referral dated January 23, 2008 state the site is located in the Mead Planning Area and is designated as medium to low density residential(1.1 to 2.0 dwelling units per acre). The Town of Mead request that the applicant consider annexing into the Town. The Town of Mead also requests that if this application is approved that the accesses to the site be reviewed, that the manure and waste disposal on site be handled appropriately including clear and enforceable standards, that the landscaping on site needs to be increased to assist in screening, and finally that a lighted sign is not in keeping with the character of the area. The applicant is proposing a twenty four (24) square foot illuminated sign on the property. The Weld County Code allows for a sixteen (16) square foot sign in the agricultural zone district(Appendix 23-D). The Department of Planning Services has determined that the future growth projected for this region as outlined in the referral from the Town of Mead is not compatible with the proposed expansion of the facility from 900 head to 1940 head. The Department of Planning Services also has determined that the proposed size of the sign (twenty four (24) square foot) is compatible on the property but does not support the sign being internally illuminated. • D. Section 23-2-220.A.7 — There is adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and Development Standards cannot ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and 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. Should the Planning Commission approve this request, the Department of Planning Services recommends that the following conditions of approval and development standards be attached: 1. Prior to recording the plat: A. The applicant shall submit a Landscape and Screening Plan to the Department of Planning Services for review and approval. At a minimum staff is recommending that the facility be screened on all sides except for the far western edge. The applicant shall place plant material and/or screening to mitigate the impacts of the facility. The plant material and/or screening shall be placed between the road right-of-way and adjacent properties. Upon approval, the Landscape Plan shall be placed on the plat. (Department of Planning Services) B. The applicant shall either submit to the Weld County Department of Planning Services a copy of an agreement with the properties mineral owners/operators stipulating that the oil and gas activities have adequately been incorporated into the design of the site or show • evidence that an adequate attempt has been made to mitigate the concerns of the mineral owners. (Department of Planning Services) AMUSR-686 Mile High Dairy LLC Page 5 of 13 • C. The applicant shall address the requirements of the Little Thompson Water District, as stated in the referral response dated January 14, 2008. Written evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) D. The applicant shall address the requirements of the Mountain View Fire Protection District, as stated in the referral response dated January 17, 2008. Written evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) E. The applicant shall address the requirements of the Department of Planning Services Landscape referral as stated in the response dated January 14, 2008. Written evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) F. The applicant shall address the requirements of the Department of Building Inspection, as stated in the referral response dated January 31, 2008. Written evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) G. The applicant shall attempt to address the requirements of the Town of Mead, as stated in the referral response dated February 4, 2008. Written evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) H. The application shall attempt to address the requirements of the Longmont Soil Conservation District, as stated in the referral response dated February 5, 2008. Written • evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) The applicant shall address the requirements of the Department of Public Works, as stated in the referral response dated February 8, 2008. Written evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) J. The applicant shall attempt to address the requirements of the State of Colorado, Division of Wildlife, as stated in the referral response dated January 30, 2008. Written evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) K. The applicant shall attempt to address the requirements of the Sheriffs Office, as stated in the referral response dated February 22, 2008. Written evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) L. The applicant shall submit a Private Improvements Agreement according to policy regarding collateral for improvements and post adequate collateral for all landscaping, transportation (access drive, parking areas, etc) and non-transportation (plant materials, fencing, screening, water, signage etc). The applicant shall submit to the Department of Planning Services an itemized landscaping bid for review. The agreement and form of collateral shall be reviewed by County Staff and accepted by the Board of County Commissioners prior to recording the Amended Use by Special Review plat. Or the applicant may submit evidence that all the work has been completed and approved by • the Department of Planning Services and the Department of Public Works. (Department of Planning Services) AMUSR-686 Mile High Dairy LLC Page 6 of 13 M. Provide documentation, prepared by a Colorado Registered Professional Engineer, that • all wastewater impoundments for the confined animal feeding operation (CAFO)will meet seepage rate standards of Colorado Water Quality Control Commission Regulation 81 [81.5(2)]. Evidence of approval by the Department of Public Health and Environment shall be provided to the Department of Planning Services. (Department of Public Health and Environment) N. 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 required by Colorado Water Quality Control Commission Regulation Number 81 [81.5 (3)]. Evidence of approval by the Department of Public Health and Environment shall be provided to the Department of Planning Services. (Department of Public Health and Environment) O. Demonstrate that wastewater impoundments meet required setbacks to water wells and groundwater required by Colorado Water Quality Control Commission Regulation Number 81.[81.5 (6)]. Evidence of approval by the Department of Public Health and Environment shall be provided to the Department of Planning Services. (Department of Public Health and Environment) P. Provide evidence that a CAFO Colorado Discharge Permit has been applied for or obtained from the Colorado Water Quality Control Division. Evidence of approval by the Department of Public Health and Environment shall be provided to the Department of Planning Services. (Department of Public Health and Environment) Q. If septic permit G19810123 is abandoned it shall be abandoned in accordance with Section 30-7-70 of the Weld County Code pertaining to individual sewage disposal systems. In the event the applicant intends to utilize the existing septic system, the • septic system shall 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 Health Services Division of the Weld County Department of Public Health and Environment. In the event the system is found to be inadequately sized or constructed the system shall be brought into compliance with current Regulations. Evidence of approval by the Department of Public Health and Environment shall be provided to the Department of Planning Services. (Department of Public Health and Environment) R. If the uses are changed for septic permits G19810124, G19860257 and G19850030, the permits shall be evaluated by a Colorado Registered Professional Engineer to ensure compliance with the Weld County Individual Sewage Disposal Regulations. Evidence of approval by the Department of Public Health and Environment shall be provided to the Department of Planning Services. (Department of Public Health and Environment) S. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. (Department of Planning Services) T. The plat shall be amended to delineate the following: 1. All sheets of the plat shall be labeled AMUSR-686. (Department of Planning Services) 2. The attached Development Standards. (Department of Planning Services) 3. The Amended USR boundary shall be a solid heavy line. (Department of • Planning Services) AMUSR-686 Mile High Dairy LLC Page 7 of 13 4. The approved access points to the proposed facility. (Department of Planning • Services) 5. County Road 5 is designated on the Weld County Road Classification Plan as a collector road, which requires 80 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. The applicant shall verify and delineate on the plat the existing and future right-of-way and the documents creating the right-of- way. (Department of Public Works) 6. The approved Lighting Plan. (Department of Planning Services) 7. The approved Landscape and Screening Plan. (Department of Planning Services) 8. The approved sign. (Department of Planning Services) 9. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. (Department of Planning Services) 3. Prior to the Issuance of the Certificate of Occupancy for the new milking parlor: A. An individual sewage disposal system is required for the proposed facility and shall be installed according to the Weld County Individual Sewage Disposal Regulations. (Department of Public Health and Environment) 4. Upon completion of 1. and 2. 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 Department of Planning Services' Staff. 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 thirty (30) days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) 5. In accordance with Weld County Code Ordinance 2006-7 approved June 1, 2006, should the plat not be recorded within the required thirty (30) days from the date the Board of County Commissioners resolution a $50.00 recording continuance charge shall added for each additional 3 month period. 6. The Department of Planning Services respectively requests the surveyor provide a digital copy of this Amended Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, ArcInfo 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 mapsco.weld.co.us. (Department of Planning Services) 7. 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. (Department of Planning Services) • AMUSR-686 Mile High Dairy LLC Page 8 of 13 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Mile High Dairy LLC AMUSR-686 1. The Amended Site Specific Development Plan and a Special Review Permit is for a Livestock Confinement Operation (1,940 head dairy including milking cows, dry cows, heifers, and calves) and one single family dwelling unit per lot other than those permitted under Section 23-3-20.A of the Weld County Code (two single family employee homes) in the A (Agricultural) Zone District and subject to the Development Standards stated hereon. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. The number of employees shall be limited to twenty (20). (Department of Planning Services) 4. The hours of operation are 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 as stated in the application materials. (Department of Planning Services) 5. The facility shall operate in compliance with Colorado Water Quality Control Commission Regulation Number 81. (Department of Public Health and Environment) 6. The facility shall maintain 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 facilities CAFO Colorado Discharge Permit. (Department of Public Health and Environment) 7. Manure and process wastewater shall be applied at agronomic rates and in accordance with the Nutrient Management Plan or Manure & Wastewater Management Plan. There shall be no discharge from land application areas except for agricultural stormwater. (Department of Public Health and Environment) 8. The facility shall be operated and maintained in a manner to prevent nuisance conditions and operate in accordance with the Management Plan for Nuisance Control Submitted with the application materials. (Department of Public Health and Environment) 9. The facility shall control fugitive dust on this site and operate in accordance with their current approved Management Plan for Nuisance Control. The facility shall be operated in accordance, at all times, with their current approved Management Plan for Nuisance Control. (Department of Public Health and Environment) 10. The facility shall be operated in a manner to control pests. The facility shall be operated in accordance, at all times, with their current 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. (Department of Public Health and Environment) 11. The facility shall be operated in a manner to control flies. The facility shall be operated in • accordance, at all times, with their current 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 AMUSR-686 Mile High Dairy LLC Page 9 of 13 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 (associated with facility) complaints, and in the judgment of the Weld County Health Officer, there exists a fly condition requiring abatement. (Department of Public Health and Environment) 12. The facility shall be operated in a manner to control odors. The facility shall be operated in accordance, at all times, with their current approved Management Plan for Nuisance Control. Odors detected off site shall not equal or exceed the level of 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 site of the facility meet or exceed the level of fifteen-to-one dilution threshold, or in the judgment of the Weld County Health Officer, there exists an odor condition requiring abatement. (Department of Public Health and Environment) 13. 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 Colorado Water Quality Control Commission Regulation Number 81. (Department of Public Health and Environment) 14. 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. (Department of Public Health and Environment) • 15. 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. (Department of Public Health and Environment) 16. 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. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health and Environment) 17. The facility shall adhere to the maximum permissible noise levels allowed in the Light Industrial Zone as delineated in Section 25-12-103 C.R.S, as amended. (Department of Public Health and Environment) 18. 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. (Department of Public Health and Environment) 19. The applicant shall comply with all provisions of the Underground and Above Ground Storage Tank Regulations (7 CCR 1101-14). (Department of Public Health and Environment) 20. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the facility. (Department of Public Health and Environment) 21. If applicable, the applicant shall obtain a Storm Water Discharge Permit from the Colorado • Department of Public Health and Environment, Water Quality Control Division. (Department of Public Health and Environment) AMUSR-686 Mile High Dairy LLC Page 10 of 13 22. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee • structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department of Planning Services) 23. 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. (Ordinance 2005-8 Section 5-8-40) (Department of Planning Services) 24. The property owner shall allow any mineral owner the right of ingress or egress for the purposes of exploration development, completion, recompletion, re-entry, production and maintenance operations associated with existing or future operations located on these lands. (Department of Planning Services) 25. The applicant shall adhere to the approved Lighting Plan. (Department of Planning Services) 26. The applicant shall adhere to the approved Landscape and Screening Plan. (Department of Planning Services) 27. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 28. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250,Weld County Code. 29. The property owner or operator shall be responsible for complying with the Supplementary Regulations regarding Livestock Confinement Operations (Section 23-4-350, Weld County Code). 30. The property owner or operator shall be responsible for complying with the Miscellaneous • Regulations regarding Livestock Feeding Performance standards (Section 23-4-710, Weld County Code). 31. Building permits shall be obtained prior to the construction of any building. Buildings that meet the definition of an Ag Exempt Building per the requirements of Section 29-1-20 and Section 29-3- 20.B.13 of the Weld County Code do not need building permits, however, a Certificate of Compliance must be filed with the Planning Department and an electrical and/or plumbing permit is required for any electrical service to the building or water for watering or washing of livestock or poultry. (Department of Building Inspection) 32. A plan review is required for each building for which a building permit is required. Plans shall include a floor plan. Plans shall bear the wet stamp of a Colorado registered architect or engineer. Two complete sets of plans are required when applying for each permit. Include a Code Analysis Data sheet provided by the Weld County Building Department with each Building permits application. (Department of Building Inspection) 33. Buildings shall conform to the requirements of the various codes adopted at the time of permit application. Currently the following has been adopted by Weld County: 2003 International Building Code; 2003 International Mechanical Code; 2003 International Plumbing Code; 2003 International Fuel Gas Code; and the 2005 National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) 34. All buildings used by the public, including the bathrooms shall be accessible to persons with disabilities. Plans should include detailed drawings showing the exiting and how accessibility will be maintained through out the facility. Fire resistance of walls and openings, construction requirements, maximum building height and allowable areas will be reviewed at the plan review. Setback and offset distances shall be determined by the Weld County Code (Department of • Building Inspection) AMUSR-686 Mile High Dairy LLC Page 11 of 13 35. Building height shall be measured in accordance with the 2003 International Building Code for the • purpose of determining the maximum building size and height for various uses and types of construction and to determine compliance with the Bulk Requirements from Chapter 23 of the Weld County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County Code in order to determine compliance with offset and setback requirements. When measuring buildings to determine offset and setback requirements, buildings are measured to the farthest projection from the building. Property lines shall be clearly identified and all property pins shall be staked prior to the first site inspection. (Department of Building Inspection) 36. All building plans shall be submitted to Mountain View Fire Protection District for review and approval prior to issue of Building Permits. (Department of Building Inspection) 37. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. (Department of Planning Services) 38. Personnel from the Weld County Government 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. 39. 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 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. 40. 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. 41. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, ranking fifth in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with longstanding agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural area: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well run agricultural activities will generate off-site impacts, including noise from tractors and equipment; slow-moving farm vehicles on rural roads; dust from animal pens, field work, harvest, and gravel roads; odor from animal confinement, silage, and manure; smoke from ditch burning; flies and mosquitoes; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. Ditches and reservoirs cannot simply be moved out of the way of residential development without threatening the efficient delivery of irrigation to fields which is essential to farm production. Section 35-3.5-102, C. R. S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Weld County covers a land area of over 4,000 square miles in size (twice the State of Delaware) with more than 3,700 miles of state and County roads outside of municipalities. The sheer • magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the county and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. AMUSR-686 Mile High Dairy LLC Page 12 of 13 Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Snow removal for roads within subdivisions are of the lowest priority for public works or may be the private responsibility of the homeowners. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. Children are exposed to different hazards in the county than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs, and livestock present real threats to children. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. Parents are responsible for their children. • • AMUSR-686 Mile High Dairy LLC Page 13 of 13 0 4 DEPARTMENT OF PLANNING SERVICES 11-ti4 \:, SOUTHWEST OFFICE 5 424 LONGMONT, COC 80504 PHONE: (720) 652-4210, Ext. 8730 ' FAX: (720) 652-4211 COLORADO January 4, 2008 Martin&Johanna Bangma 1989 Trust& Rocky Mountain Fuel Company c/o Dusty McCormick AGPROfessionals LLC 4350 Hwy 66 Longmont CO 80504 Subject: AMUSR-686- Request for a Site Specific Development Plan and Special Review Permit for a Livestock Confinement Operation(1,940 head dairy including milking cows,dry cows, heifers,and calves)and one single family dwelling unit per lot other than those permitted under Section 23-3-20.A of the Weld County Code (two single family employee homes)in the A (Agricultural)Zone District on a parcel of land described as A parcel being part of the E2 and Lot B of RE-525,also being part of the E2 of Section 17, T3N, R68W of the 6th P.M., Weld County, Colorado. Dear Applicants: 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 March 18,2008,at 1:30 p.m. This meeting will take place in the Hearing Room,Weld County Planning Department, 4209 CR 24.5, Longmont, Colorado. It is recommended that you and/or a representative be in attendance to answer any estions the Planning Commission members may have. is the applicant's responsibility to comply with state statutes regarding notice to mineral estate owners. Colorado Revised Statute, C.R.S.24-65.5-103(adopted as part of H.B.01-1088)requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant shall provide the Weld County Planning Department with written certification indicating the above requirements have been met. 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 Longmont and Mead Planning Commission for their review and comments. Please call Longmont at 303-651-8330 and Mead at 970-535-4477 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 Longmont and Mead 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. Respe alp clue' e H nne • PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS March 8, 2008 THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF- WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF- WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, Jacqueline Hatch, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE PLANNING COMMISSIONERS HEARING FOR amusr-686 IN THE A (AGRICULTURAL) ZONE DISTRICT. Jacqueline Hatch Name of Person Posting Sign — Jacqueline Hatch • Signat re of Person Posting Sign STATE OF COLORADO ) ss. COUNTY OF WELD The foregoing instrument was subscribed and sworn to me this IV day of tit ClAAL , 2008. WITNESS my hand and official seal. Notary Public s = My 'Commission Explres p i4o2na ;. My Commission Expires: • ➢ r i I ae it , - • s ,, 1 i i • - r ' ii . - • t. iti, ••t % . 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I ` � i h i I J • Y f • i ;' i — ' • 1 . � 1 , l t a 41 • I 1 %r. 410 41 t h r • 1 i1/4 . , .._4 i . 4 'r4 tie • 1 t i ; '; i • 7�i • • • • • • • 4 I'F ,r f Y tr FIELD CHECK Inspection Date: 3/7/08 • APPLICANT: Martin and Johanna Bangma 1989 trust and Rocky Mountain Fuel Company represented by Mile High Dairy LLC do Dusty McCormick with AGPROfessionals LLC CASE# : AMUSR-686 REQUEST: A Site Specific Development Plan and a Special Review Permit for a Livestock Confinement Operation (1,940 head dairy including milking cows,dry cows, heifers,and calves)and one single family dwelling unit per lot other than those permitted under Section 23-3-20.A of the Weld County Code (two single family employee homes)in the A(Agricultural)Zone District. LEGAL: A parcel being part of the E2 and Lot B of RE-525 also being part of the E2 of Section 17, T3N, R68W of the 6'h P.M.,Weld County, CO. LOCATION: West of and adjacent to CR 5 and north of and adjacent to CR 32. PARCEL ID#: 1207 17 000014& 1207 17 000027 ACRES: 183+/-acres total—USR Boundary 60 +/-acres Zoning Land Use N Agricultural N residential E Agricultural E Agricultural S Agricultural S residential • W Agricultural W Agricultural Existing dairy on site. Multiple accesses Mature trees and shrubs along cr 5 by the home and along the southern portion of the property for a couple hundred feet. Composting on site. /c /V......__ Signature o House(s) o Derelict Vehicles ❑ Outbuilding(s) o Non-commercial junkyard (list components) o Access to Property o Irrigation Sprinkler o Crop Productions o Crops ❑ Site Distance ❑ Wetlands • ❑ Mobile Home(s) o Oil & Gas Structures o Other Animals On-Site ❑ Wildlife o Water Bodies o Utilities On-Site (transmission lines) o Ditch ❑ Topography Note any commercial business/commercial vehicles that are operating from the site Hello