HomeMy WebLinkAbout20022826.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1395 FOR AN AGRICULTURAL SERVICE ESTABLISHMENT AND
LIVESTOCK CONFINEMENT OPERATION (10,000-HEAD DAIRY, WITH SIX MOBILE
HOMES AS ACCESSORY TO THE FARM) IN THE A(AGRICULTURAL) ZONE
DISTRICT - HIGHLAND DAIRY, LLC
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 13th day
of November, 2002, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Highland Dairy, LLC, 19187 Weld County Road 92, Pierce, Colorado
80650, for a Site Specific Development Plan and Use by Special Review Permit#1395 for an
Agricultural Services Establishment and Livestock Confinement Operation (10,000-head dairy,
with six mobile homes as accessory to the farm) in the A (Agricultural) Zone District on the
following described real estate, to-wit:
SW1/4 and W1/2 W1/2 of the SE1/4 of Section 17,
Township 8 North, Range 65 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, said applicant was represented by Thomas Haren, AgPro Environmental
Services, LLC, 4311 Highway 66, Suite 4, 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 recommendations of
the Weld County Planning Commission and all of the exhibits and evidence presented in this
matter and, having been fully informed, finds that this request shall be approved for the
following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
a. Section 23-2-230.B.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect. 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
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SPECIAL REVIEW PERMIT#1395 - HIGHLAND DAIRY, LLC
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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 23-2-230.6.2 -- 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 A (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 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 (Agricultural) Zone District is also
intended to provide areas for the conduct of Uses by 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 are established to promote the health, safety and
general welfare of the present and future residents of the County."
c. Section 23-2-230.6.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. A Special Use Permit
was approved on January 7, 1971, 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 four (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; however, the applicant will be required to submit specific plans to
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SPECIAL REVIEW PERMIT#1395 - HIGHLAND DAIRY, LLC
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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 Use by Special Review 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 23-2-230.6.4 -- The uses which will be permitted will be
compatible with future development of the surrounding area as permitted
by the existing zoning and with the future development as projected by
Chapter 22 of the Weld County Code and any other applicable code
provisions or ordinances in effect, or the adopted Master Plans of
affected municipalities. The 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 its interests.
e. Section 23-2-230.B.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. 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.
g. Section 23-2-230.B.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.
h. Section 23-4-710 -The applicant shall comply with the additional
requirements of the Livestock Feeding Performance Standards.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Highland Dairy, LLC for a Site Specific
Development Plan and Use by Special Review Permit#1395 for an Agricultural Services
Establishment and Livestock Confinement Operation (10,000-head dairy, with six mobile homes
as accessory to the farm) in the A (Agricultural) Zone District on the parcel of land described
above be, and hereby is, granted subject to the following conditions:
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1. Prior to recording the plat:
A. All pages of the plat shall be labeled USR#1395.
B. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) Conform to Section 23-2-260.D of the Weld County Code which
refers to Special Review Permit Plan Map requirements.
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.
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 approval by the State Division of Water Resources of the
water usage shall be submitted in writing to the Weld County 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.
F. The applicant shall submit a letter to the Weld County Department of
Planning Services requesting the vacation of Special Use Permit#74.
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.
H. The facility shall demonstrate compliance with the Confined Animal
Feeding Operations(CAFO) Control 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:
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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 Control 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, manure storage areas,
lagoons, etcetera.
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, etcetera.
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 Control Regulations.
6) Demonstration that adequate measures are in place to prevent
any discharges except those which are allowed by the CAFO
Control Regulations.
7) Other necessary measures which are required in order to comply
with the CAFO Control Regulations.
8) A description of the types of records that will be maintained on the
facility, as required by the CAFO Control Regulations.
9) Evidence that no cattle have direct access to waters of the State,
except access that is allowed by the CAFO Control 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.
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In accordance with the CAFO Control Regulations, 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.
J. A Dust Abatement Plan shall be submitted to the Weld County
Department of Public Health and Environment for review and approval.
K. A Fly Control Plan shall be submitted to the Weld County Department of
Public Health and Environment for review and approval.
L. An Odor Control Plan shall be submitted to the Weld County Department
of Public Health and Environment for review and approval.
M. All septic systems located on the property shall have appropriate permits
from the Weld County Department of Public Health and Environment.
Any existing septic system(s)which is not currently permitted through the
Weld County Department of Public Health and Environment will require
an Individual Sewage Disposal System (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.
N. The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
O. 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.
P. 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 and approved by the Department of Public Works.
2. Upon completion of Condition of Approval # 1 above, the applicant shall submit a
Mylar plat, along with all other documentation required as Conditions of
Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk
and Recorder by the Department of Planning Services. The plat shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld
County Code. The Mylar plat and additional requirements shall be submitted
within one-hundred eighty (180) days from the date of the Board of County
Commissioners Resolution. The applicant shall be responsible for paying the
recording fee.
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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 mapseco.weld.co.us.
4. The Use by Special Review activity shall not occur, nor shall any building or
electrical permits be issued on the property, until the Use by Special Review plat
is ready to be recorded in the office of the Weld County Clerk and Recorder.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 13th day of November, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
, 2t <\W EL OUNTY, OLO DO
ATTEST: Saad, Chair
Weld County Clerk to the B ja i .,,
Iii �1;.'•
ti"
BY: 1 r ((fi °� 72
Deputy Clerk to the Board
M. J. Geile D
_--7
APPROVED AS TO FORM EXCUSED
/ t �a' Iliam H. Jerke
ounty Attorney 1 � —_
R Bert . Masden
Date of signature: "Le,
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
HIGHLAND DAIRY, LLC
USR#1395
1. The Site Specific Development Plan and Use by Special Review Permit #1395 is for an
Agricultural Service establishment primarily engaged in performing agricultural, animal
husbandry or horticultural services on a fee or contract basis, including a Livestock
Confinement Operation (10,000-head dairy, 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.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the
Weld County Code.
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.
4. All liquid and solid waste shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
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.
6. The facility shall maintain compliance with the Confined Animal Feeding Operations(CAFO)
Control Regulations (5 CCR 1002-19) and the Weld County Code.
7. 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.
8. Any required CDPS Permit shall be maintained in compliance with the Water Quality
Control Division of the Colorado 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 CAFO Control Regulations.
10. 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.
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 CAFO Control Regulation (5 CCR 1002-19).
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DEVELOPMENT STANDARDS - HIGHLAND DAIRY, LLC (USR#1395)
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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 dilution threshold, or in the judgement
of the Weld County Health Officer, there exists an odor condition requiring abatement.
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.
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 complaints, associated with facility, and
in the judgement of the Weld County Health Officer, there exists a fly condition requiring
abatement.
15. Any septic system located on the property must comply with all provisions of the Weld
County I.S.D.S. Regulations.
16. There shall be no burning conducted at the site, with exception to burning defined as
"agricultural open burning" by Regulation No. 1 of the Colorado Air Quality Control
Commission Regulations.
17. The facility shall be operated in accordance with the approved Manure and Waste Water
Management Plan.
18. No cattle shall have direct access to waters of the State except access that is allowed per
the CAFO Control Regulation (5 CCR 1002-19).
19. Off-street parking spaces, including the access drive, shall be graded and surfaced with
gravel to prevent drainage problems.
20. Off-street parking adjacent to Weld County Roads 39 or 92 shall not be allowed. Utilize on
site parking only.
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.
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22. At such time the dairy operation should cease, the mobile homes which are accessory to
the Use by 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.
23. The facility shall maintain compliance with Section 23-4-350 of the Weld County Code.
24. The landscaping on site shall be maintained in accordance with the approved Landscape
Plan.
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.
26. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
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 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.
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.
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