HomeMy WebLinkAbout20081293.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL
REVIEW PERMIT#686 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 - MARTIN AND
JOHANNA BANGMA 1989 TRUST/WESLEY AND KELLY BANGMA
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 21st day of
May, 2008, at the hour of 10:00 a.m., in the Chambers of the Board,for the purpose of hearing the
application of Martin and Johanna Bangma 1989 Trust, 8847 Schaefer Avenue, Ontario, California
91761, and Wesley and Kelly Bangma, 15333 County Road 5, Longmont, Colorado 80504, for a
Site Specific Development Plan and Amended Use by Special Review Permit#686 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 the following described real estate, being more particularly described as follows:
A parcel being part of the E1/2 of Section 17, and
part of Lot B of Recorded Exemption #525, also
being part of the E1/2 of Section 17; all within
Township 3 North, Range 68 West of the 6th P.M.,
Weld County, Colorado
WHEREAS,said applicant was present and represented by Tom Haren,AGPROfessionals,
LLC, 4350 State Highway 66, Longmont, Colorado 80504, at said hearing, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
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:
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AMENDED SPECIAL REVIEW PERMIT#686- MARTIN AND JOHANNA BANGMA 1989 TRUST
/WESLEY AND KELLY BANGMA
PAGE 2
a. Section 23-2-230.8.1 --The proposed use is consistent with Chapter 22 and
any other applicable Code provisions or ordinances in effect.
Section 22-2-60.A.1 (A.Goal 1)promotes the preservation of prime farmland
for agricultural purposes which foster the economic health and continuance
of agriculture. The proposal does not affect the productivity of the site.
b. Section 23-2-230.B.2--The proposed use is consistent with the intent of the
A (Agricultural) Zone District.
c. Section 23-2-230.B.3 --The uses which will be permitted will be compatible
with the 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.
e. Section 23-2-230.8.5 -- The site does not lie within any Overlay Districts.
f. Section 23-2-230.6.6 --The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use.
g. Section 23-2-230.6.7 -- 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 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 Martin and Johanna Bangma 1989 Trust,and Wesley and
Kelly Bangma, for a Site Specific Development Plan and Amended Use by Special Review
Permit#686 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 the parcel of land described above be, and hereby is, granted
subject to the following conditions:
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 the facility be screened on all sides, except for the far
western edge. The applicant shall place plant material and/or screening to
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AMENDED SPECIAL REVIEW PERMIT#686- MARTIN AND JOHANNA BANGMA 1989 TRUST
/WESLEY AND KELLY BANGMA
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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.
B. The applicant shall either submit, to the Weld County Department of
Planning Services, a copy of an agreement with the property's 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.
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 to the Weld County 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 to the Weld County
Department of Planning Services.
E. The applicant shall address the requirements of the Department of Planning
Services Landscape referral, dated January 14, 2008. Written evidence of
such shall be submitted to the Weld County 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 to the Weld County 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 to the Weld County 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 to the Weld
County 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 to the Weld County Department of
Planning Services.
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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 to the Weld
County 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 to the Weld County 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, etcetera)
and non-transportation (plant materials, fencing, screening, water, signage
etcera) items. 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 Departments of Planning Services and
Public Works.
M. The applicant shall 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 Weld County Department of Public
Health and Environment shall be provided to the Department of Planning
Services.
N. 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 [81.5(3)]. Evidence of approval by the Weld County
Department of Public Health and Environment shall be provided to the
Department of Planning Services.
O. The applicant shall demonstrate that wastewater impoundments meet
required setbacks to water wells and groundwater, as required by Colorado
Water Quality Control Commission Regulation Number 81 [81.5 (6)].
Evidence of approval by the Weld County Department of Public Health and
Environment shall be provided to the Department of Planning Services.
P. The applicant shall provide evidence that a CAFO Colorado Discharge
Permit has been applied for, or obtained from, the Colorado Water Quality
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Control Division. Evidence of approval by the Weld County Department of
Public Health and Environment shall be provided to the Department of
Planning Services.
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 (I.S.D.S.) Regulations. 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 system's 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 Weld County Department of Public Health and
Environment shall be provided to the Department of Planning Services.
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 I.S.D.S.
Regulations. Evidence of approval by the Weld County Department of
Public Health and Environment shall be provided to the Department of
Planning Services.
S. The applicant shall submit two (2) paper copies of the plat, for preliminary
approval, to the Weld County 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.
2) The attached Development Standards.
3) The Amended USR boundary shall be a solid heavy line.
4) The approved access points to the proposed facility.
5) County Road 5 is designated on the Weld County Road
Classification Plan as an arterial road, which requires 140 feet of
right-of-way at full buildout. 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.
6) The approved Lighting Plan.
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7) The approved Landscape and Screening Plan.
8) The approved sign.
9) The plat shall be prepared in accordance with Section 23-2-260.D of
the Weld County Code.
10) The applicant shall delineate all drain tiles with easements within the
site on the plat map.
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 I.S.D.S. Regulations.
4. Upon completion of Conditions of Approval #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 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 thirty
(30) days from the date of the Board of County Commissioners Resolution. The
applicant shall be responsible for paying the recording fee.
5. In accordance with Weld County Code Ordinance#2005-7,approved June 1,2005,
should the plat not be recorded within the required thirty(30)days from the date of
the Board of County Commissioners Resolution, a $50.00 recording continuance
charge shall added for each additional three (3) month period.
6. The Department of Planning Services respectfully 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 Arc View shape
files, Arc Info Coverages and Arc Info 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.
7. The Amended Use by Special Review activity shall not occur, nor shall any building
or electrical permits be issued on the property, until the 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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AMENDED SPECIAL REVIEW PERMIT#686-MARTIN AND JOHANNA BANGMA 1989 TRUST
/WESLEY AND KELLY BANGMA
PAGE 7
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 21st day of May, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
/ 1 t• IF,La WELD COUNTY, COLORADO
ATTEST: iLl/ K�' , /1.-,-7L- (----,-r
psi` i �{-') 'am H. Jerke, Chair
Weld County Clerk to the Boar._ to -4 �r
`4✓ Robert-D. I4asden, Pro-Tem
De y Cleo the Board
Wilii7 F. Garcia
P VED F/�R�M:: CAL
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ong
7un y Attorney
Dougla ademac er
Date of signature: (((c lb-"S
2008-1293
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SITE SPECIFIC DEVELOPMENT PLAN
SECOND AMENDED USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
MARTIN AND JOHANNA BANGMA 1989 TRUST
AND WESLEY AND KELLY BANGMA
AMUSR#686
1. The Site Specific Development Plan and Amended Use by Special Review Permit#686 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.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the
Weld County Code.
3. The number of employees shall be limited to twenty (20).
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.
5. The facility shall operate in compliance with Colorado Water Quality Control Commission
Regulation Number 81.
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
facility's CAFO Colorado Discharge Permit.
7. Manure and process wastewater shall be applied at agronomic rates and in accordance
with the Nutrient Management Plan or Manure and Wastewater Management Plan. There
shall be no discharge from land application areas, except for agricultural stormwater.
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.
9. The applicant shall control fugitive dust on this site and operate in accordance, at all times,
with the current approved Management Plan for Nuisance Control.
10. The facility shall be operated in a manner to control pests. The facility shall be operated,
at all times, in accordance with the 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.
11. The facility shall be operated in a manner to control flies. The facility shall be operated, at
all times, in accordance with the current approved Management Plan for Nuisance Control.
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PAGE 2
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 which can be associated with the facility, and in the judgment of the Weld
County Health Officer, there exists a fly condition requiring abatement.
12. The facility shall be operated in a manner to control odors. The facility shall be operated,
at all times, in accordance with the current approved Management Plan for Nuisance
Control. Odors detected off the 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 the site 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.
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.
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.
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.
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, Section 30-20-100.5, C.R.S.
17. 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.
18. Waste materials, not specifically addressed by other Development Standards, shall be
handled, stored,and disposed of in a manner that controls fugitive dust, blowing debris,and
other potential nuisance conditions.
19. The applicant shall comply with all provisions of the Underground and Above Ground
Storage Tank Regulations (7 CCR 1101-14).
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20. Adequate hand washing and toilet facilities shall be provided for employees and patrons of
the facility.
21. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
22. Effective January 1, 2003, building permits issued on the lot will be required to adhere to
the fee structure of the County-Wide Road Impact Fee Program.
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 Programs.
24. The property owner shall allow any mineral owner the right of ingress or egress for the
purposes of exploration,development, completion, and recompletion, re-entry, production,
and maintenance operations associated with existing,or future,operations located on these
lands.
25. The applicant shall adhere to the approved Lighting Plan.
26. The applicant shall adhere to the approved Landscape and Screening Plan.
27. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
28. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the 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 of the 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 of the
Weld County Code).
31. Building permits shall be obtained prior to the construction of any building. Buildings which
meet the definition of an Agricultural Exempt Building, per the requirements of
Sections 29-1-20 and 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 Department of Planning
Services, 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.
32. A plan review is required for each building for which a building permit is required. Plans
shall include a floor plan and bear the wet stamp of a Colorado registered architect or
engineer. Two complete sets of plans are required when applying for each permit. The
applicant shall include a Code Analysis Data Sheet, provided by the Weld County
Department of Building Inspection, with each building permit application.
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PAGE 4
33. Buildings shall conform to the requirements of the various Codes adopted at the time of
permit application. Currently, the following have been adopted by Weld County: 2006
International Building Code, 2006 International Mechanical Code, 2006 International
Plumbing Code, 2006 International Fuel Gas Code, 2005 National Electrical Code, and
Chapter 29 of the Weld County Code.
34. All buildings used by the public, including the restrooms,shall be accessible to persons with
disabilities. Plans shall include detailed drawings showing the exiting conditions and how
accessibility will be maintained throughout 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.
35. Building height shall be measured in accordance with the 2006 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.
36. All building plans shall be submitted to the Mountain View Fire Protection District,for review
and approval, prior to the issuance of building permits.
37. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
38. 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.
39. The 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.
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. No land applications shall occur during holidays or periods of high wind.
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PAGE 5
42. Weld County's Right to Farm statement, as provided in Appendix 22-E of the Weld County
Code, shall be delineated on the plat.
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