HomeMy WebLinkAbout20022827.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bryant Gimlin,along with the addition of 1 Q,deletion of second sentence in 1M,that the following
resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld
County Planning Commission that the application for:
Case#: USR-1395
Planner: Lauren Light
Applicant: Highland Dairy LLC, c/o AgPro Environmental Services LLC
Request: A Site Specific Development Plan and a Special Review Permit for an Agricultural
Service establishment primarily engaged in performing agricultural, animal
husbandry or horticultural services on a fee or contract basis, including Livestock
Confinement Operations (a dairy of 10,000 head of cattle, with six mobile homes
as accessory to the farm) in the A (Agricultural)Zone District
Legal Description: SW4 and W2W2 of the SE4 of Section 17, Township 8 North, Range 65 West of
the 6th P.M., Weld County, Colorado
be recommended favorably to the Board of County Commissioners 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 Planning Commission that the applicant has 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. A.Goal 1 states, "Preserve prime
farmland for agricultural purposes which foster the economic health and continuance of
agricultural." The U.S.D.A. Soil Conservation Map indicates that the property is "prime".
A portion of the land is presently being utilized as a dairy which furthers economic health
as well as continuance of agricultural. The remainder of the property is currently planted
in corn.
A. Policy 1 states "Agricultural zoning will be established and maintained to protect and
promote the County's agricultural industry." Weld County ranks first in the state for
agricultural products sold and third in the Country. Most of the corn grown in the County is
used for feed at commercial feedlots, farm feedlots and dairies. This proposal will benefit
the farmers who will provide feed and other products to the dairy. The citizens of the
County who consume dairy products will also benefit as the dairy provides a desired
commodity for the community.
b. Section 23-2-220.A.2--The proposed use is consistent with the intent of the A(Agricultural)
Zone District. Section 23-3-40.6.16 of the Weld County Code provides for Agricultural
Service Establishments primarily engaged in performing agricultural,animal husbandry,or
horticultural services on a fee or contract basis, including livestock confinement operations
as a Use by Special Review in the A(Agricultural)Zone District.
The intent of the Agricultural Zone District states "Agriculture in the County is considered
a valuable resource which must be protected from adverse impacts resulting from
uncontrolled and undirected business, industrial and residential land uses. The A
(Agricultural) Zone District is established to maintain and promote agriculture as an
essential feature of the County. The A (Agricultural) Zone District is intended to provide aims
areas for the conduct of agricultural activities and activities related to agriculture and
agricultural production without the interference of other, incompatible land uses. The A F.
(Agricultural) Zone District is also intended to provide areas for the conduct of uses by tl
Special Review which have been determined to be more intense or to have a potentially
greater impact than uses Allowed by Right. The A(Agricultural) Zone District regulations 502)
2002-2827
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♦ •
Resolution USR-1395
Highland Dairy LLC,
Page 2
are established to promote the health, safety and general welfare of the present and future
residents of the County."
c. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses. A special use permit was approved 01/07/71 for a 500 head dairy
on 15 acres,which is currently part of this property. The current capacity of the dairy is 720
head which meets the requirements of 4 head per acre. The surrounding land uses consist
of rural residences and agricultural uses in all directions.
There are eight smaller parcels located to the east of the dairy which were created in 1972,
prior to subdivision regulations. In order to ensure the dairy will be compatible with the
existing homes to the east and west, staff has required buffering and landscaping.
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 with less cattle. Dust, odor and flies are frequently
a concern with dairy operations, from adjacent property owners, the applicant is required
to submit specific plans to the Weld County Department of Public Health and Environment
which address the above issues. Those plans are reviewed and approved by the Weld
County Department of Health and Environment and the applicant is responsible to operate
the dairy in compliance with the approved plans.
If complaints are received the Weld County Department of Public Health and Environment
will investigate and if there is a problem noted the applicant risks the possibility the Special
Use Permit could be revoked by the Board of County Commissioners, after appropriate
public hearings. Since there are numerous regulations involved which the applicant is
required to adhere to,staff believes the use will be compatible with the existing surrounding
land uses.
d. 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 Chapter22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The proposed expansion is not within the Urban Growth Boundary(UGB)
or Intergovernmental Agreement(IGA)of any municipality. The site is within the three mile
referral area for the Town of Pierce and the Town indicated no conflict with their interests.
5. Section 23-2-220.A.5 --The site does not lie within any Overlay Districts.
6. Section 23-2-220.A.6--The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use. The property is designated
as prime farm ground according to the U.S.D.A. Soil Conservation Map, dated 1979. The
expansion of the dairy will take land out of crop production but the land will still remain as
an agricultural use.
7. Section 23-2-220.A.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
health, safety, and welfare of the inhabitants of the neighborhood and County.
8. Section 23-4-710 - The applicant shall comply with the additional requirements of the
Livestock Feeding Performance Standards.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
Resolution USR-1395
Highland Dairy LLC,
Page 3
Planning Commission's recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
A. All pages of the plat shall be labeled USR-1395 (Department of Planning Services)
B. The plat shall be amended to delineate the following:
1) The attached Development Standards. (Department of Planning Services)
2. Conform to Section 23-2-260.D of the Weld County Code which refers to Special
Review Permit Plan Map requirements. (Department of Planning Services)
C. Submittal and approval of a Buffer/Landscape Plan to the Weld County Department of
Planning Services which provides for additional landscaping and buffering adjacent to Weld
County Road 39 as well as bordering the manure/composting area on the eastern edge of
the property. Additional buffering shall also be provided along the eastern edge of the
property to provide screening from the properties located to the east. The Plan shall also
address lighting on the site. (Department of Planning Services)
D. The applicant shall address the concerns of the State Division of Water Resources as
stated in the referral response dated July 8,2002. Evidence of the State Division of Water
Resources approval of the water usage shall be submitted in writing to the Weld County
Department of Planning Services. (Department of Planning Services)
E. All items identified in the referral from the Weld County Department of Public Works,dated
July 12, 2002, shall be addressed. Evidence of such shall be submitted in writing to the
Weld County Departments of Public Works and Planning Services. (Department of
Planning Services)
F. The applicant shall submit a letter to the Weld County Department of Planning Services
requesting the vacation of SUP-74. (Department of Planning Services)
G. The applicant shall address the requirements of the Department of Building Inspection as
stated in the referral response dated July 24, 2002 regarding building permits and
requirements. Evidence of such shall be submitted in writing to the Weld County
Department of Planning Services. (Department of Building Inspection)
H. The facility shall demonstrate compliance with the Confined Animal Feeding Operations
Control (CAFO)Regulations and the additional requirements outlined below.This shall be
demonstrated by submitting a comprehensive manure and waste water management plan,
for a 10,000 head dairy,to the Weld County Department of Public Health and Environment
for review and approval. This plan shall include, but not be limited to the following:
(Department of Public Health and Environment)
1) Demonstration that all manure stockpile areas and waste water collection,
conveyance,and retention facilities are adequately sized and constructed to handle
and retain the storm water run-off generated from a twenty-five year, twenty-four
hour storm event.This shall be conducted by a Registered Professional Engineer.
2) Demonstration that any existing or proposed waste water retention structure has
been or will be constructed in accordance with the criteria described in the CAFO
^ Regulations. The demonstration shall be conducted by a Registered Professional
engineer.
3) A site map demonstrating the layout of the site. This should include the locations
of all pens,structures,feed storage areas,any water courses through the property,
Resolution USR-1395
Highland Dairy LLC,
Page 4
r
manure storage areas, lagoons, etc.
4) A surface contour map which demonstrates all surface water control features on
the site. This should include surveyed surface elevations, indicate flow direction,
run-on and run-off control features, etc.
5) Demonstration that the facility has the ability to manage, dispose, and/or land
apply manure and waste water at agronomic rates in accordance with the CAFO
regulations.
6) Demonstration that adequate measures are in place to prevent any discharges
except those which are allowed by the CAFO Regulations.
7) Other necessary measures which are required in order to comply with the CAFO
Regulations.
8) A description of the types of records that will be maintained on the facility, as
required by the CAFO Regulations.
9) Evidence that no cattle have direct access to Waters of the State, except access
that is allowed by the CAFO Regulations.
10) Demonstration that the "Off-site Drainage Diversion" improvements, on the north
side of the property,are adequate to divert drainage up to and including a 25-year,
24-hour storm. This shall be conducted by a Registered Professional Engineer.
11) Evidence that the site is graded to convey stormwater or other waste waters to
retention facilities in order to prevent stagnant or pooling water.
In accordance with CAFO,the applicant shall submit the facility's manure and waste water
management plan to the Colorado Department of Public Health and Environment for review
and comment. (Department of Public Health and Environment)
J. A dust abatement plan shall be submitted to the Weld County Department of Public Health
and Environment for review and approval.(Department of Public Health and Environment)
K. A fly control plan shall be submitted to the Weld County Department of Public Health and
Environment for review and approval. (Department of Public Health and Environment)
L. An odor control plan shall be submitted to the Weld County Department of Public Health
and Environment for review and approval. (Department of Public Health and
Environment)
M. All septic systems located on the property shall have appropriate permits from the Weld
County Department of Public Health & Environment. Any existing septic system(s)which
is not currently permitted through the Weld County Department of Public Health &
Environment will require an I.S.D.S. Evaluation prior to the issuance of the required septic
permit(s). In the event the system(s) is found to be inadequate, the system(s) must be
brought into compliance with current I.S.D.S. regulations. (Department of Public Health
and Environment)
N. 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)
O. The applicant shall enter into an Improvements Agreement according to policy regarding
collateral for improvements and post adequate collateral for buffering and landscaping
Resolution USR-1395
Highland Dairy LLC,
Page 5
requirements or complete all buffering and landscaping requirements prior to recording the
plat. 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. (Department of Planning
Services)
P. Written evidence shall be provided to the Department of Planning Services indicating all
requirements of the Weld County Department of Public Health and Environment have been
met. (Department of Planning Services)
Q. A final drainage report shall be stamped, signed and dated by a professional engineer
licensed in the state of Colorado along with construction plans conforming to the drainage
report shall be submitted with the final plat.
2. Upon completion of 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 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 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. (Department of Planning Services)
3. The Department of Planning Services respectively requests the surveyor provide a digital copy of
this 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 maosco.weld.co.us. (Department of Planning Services)
4. 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)
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Highland Dairy LLC
USR-1395
1. The Site Specific Development Plan and Special Use Permit 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 dairy of 10,000
head of cattle,with six mobile homes as accessory to the farm)in the A(Agricultural)Zone District,
as indicated in the application materials on file 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. Fugitive dust shall be controlled on this site. The facility shall be operated in accordance with the
approved dust abatement plan at all times. (Department of Public Health and Environment)
4. All liquid and solid waste shall be stored and removed for final disposal in a manner that protects
against surface and groundwater contamination. (Department of Public Health and Environment)
5. There shall be no permanent disposal of solid wastes, as defined in the Regulations Pertaining to
Solid Waste Disposal Sites and Facilities(6 CCR 1007-2),at this site. (Department of Public Health
and Environment)
6. The facility shall maintain compliance with Confined Animal Feeding Operations Control
Regulations (5 CCR 1002-19) and the Weld County Code, as amended. (Department of Public
Health and Environment)
7. 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)
8. Any required CDPS Permit shall be maintained in compliance with the Water Quality Control
Division of the Colorado Department of Public Health&Environment. (Department of Public Health
and Environment)
9. The facility shall not discharge run-off or other waste waters to surface or groundwater with
exception to what is allowed by the Confined Animal Feeding Operations Control Regulations.
(Department of Public Health and Environment)
10. Wastes materials, not specifically addressed by other development standards, shall be handled,
stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential
nuisance conditions. (Department of Public Health and Environment)
11. The applicant shall remove, handle, and stockpile manure from the livestock area in a manner that
will prevent nuisance conditions. The manure piles shall not be allowed to exist or deteriorate to
a condition that facilitates excessive odors, flies, insect pests, or pollutant runoff. The surface
beneath the manure storage areas shall be of materials which are protective of State waters. These
areas shall be constructed to minimize seepage or percolation of manure contaminated water. In
no event shall the facility impact or degrade waters of the State in violation of the Confined Animal
Feeding Operations Control Regulation (5 CCR 1002-19). (Department of Public Health and
Environment)
12. The facility shall be operated in accordance with the approved odor abatement plan. Odors
detected off site shall not equal or exceed the level of fifteen-to-one dilution threshold,as measured
pursuant to Regulation 2 of the Colorado Air Pollution Control Regulations. Additional 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
Resolution USR-1395
Highland Dairy LLC,
Page 2
dilution threshold, or in the judgement of the Weld County Health Officer, there exists an odor
condition requiring abatement. (Department of Public Health and Environment)
13. A spillage retention berm shall be required around any fuel container with a volume greater than 50
gallons. The volume retained by the spillage berm should be greater than the volume of the largest
tank inside the berm. (Department of Public Health and Environment)
14. The facility shall be operated in a manner to control flies. The facility shall be operated in
accordance,at all times,with the approved fly control plan. Additional fly control measures shall be
implemented at the request of the Weld County 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. The plan 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 judgement of the Weld County Health Officer,there
exists a fly condition requiring abatement. (Department of Public Health and Environment)
15. Any septic system located on the property must comply with all provisions of the Weld County
Individual Sewage Disposal System Regulations. (Department of Public Health and Environment)
16. There shall be no burning conducted at the site, with exception to burning defined as"agricultural
open burning" as defined by Regulation No. 1 of the Colorado Air Quality Control Commission
Regulations. (Department of Public Health and Environment)
17. The facility shall be operated in accordance with the approved manure and waste water
management plan. (Department of Public Health and Environment)
18. No cattle shall have direct access to Waters of the State except access that is allowed per the
Confined Animal Feeding Operations Control Regulation(5 CCR 1002-19). (Department of Public
Health and Environment)
19. Off-street parking spaces including the access drive shall be graded and surfaced with gravel to
prevent drainage problems. (Department of Public Works)
20. Off-street parking adjacent to WCR 39 or 92 shall not be allowed. Utilize on site parking only.
(Department of Planning Services)
21. The hours of operation are up to 24 hours per day,365 days per year.Equipment operations,trucks,
farming activities and maintenance activities, other than emergencies, will occur primarily during
daylight hours. (Department of Planning Services)
22. At such time the dairy operation should cease,the mobile homes which are accessory to the Special
Review Permit must be removed from the property or the appropriate zoning and building permits
shall be applied for and approved for an acceptable use. (Department of Planning Services)
23. The facility shall maintain compliance with Section 23-4-350 of the Weld County Code. (Department
of Planning Services)
24. The landscaping on site shall be maintained in accordance with the approved Landscape Plan.
(Department of Planning Services)
25. 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)
26. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
Resolution USR-1395
Highland Dairy LLC,
Page 3
27. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
28. Personnel from the Weld County Departments of Public Health and Environment,Planning Services
and Public Works 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.
29. 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.
30. 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.
Motion seconded by Stephan Morkay
VOTE:
For Passage Against Passage Absent
Fred Walker
Michael Miller
John Folsom
Cathy Clamp
Bryant Gimlin
Stephen Mokray
Bruce Fitzgerald
James Rohn
Bernard Ruesgen
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I,Voneen Macklin, Recording Secretary for the Weld County Planning Commission, do hereby certify that
the above and foregoing resolution, is a true copy of the resolution of the Planning Commission of
Weld County, Colorado, adopted on August 20, 2002.1D ted the 20'" of August, 2002.
Voneen Macklin
Secretary
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