HomeMy WebLinkAbout20053161.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL
REVIEW PERMIT #1231 FOR A LIVESTOCK CONFINEMENT OPERATION (DAIRY)
AND ANIMAL FEEDING OPERATION IN THE A(AGRICULTURAL)ZONE DISTRICT-
LARRY AND MARGARET DEHAAN
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 16th day of
November,2005,at the hour of 10:00 a.m.in the Chambers of the Board for the purpose of hearing
the application of Larry and Margaret DeHaan,9743 Weld County Road 16, Fort Lupton,Colorado
80621,for a Site Specific Development Plan and Amended Use by Special Review Permit#1231
fora Livestock Confinement Operation(dairy)and Animal Feeding Operation in the A(Agricultural)
Zone District on the following described real estate, being more particularly described as follows:
E1/2SW1/4 and W1/2SE1/4 of Section 27,
Township 2 North, Range 67 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, said applicant was represented by Thomas Haren, AGPROfessionals, LLC,
4350 State 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 Chapter22 and
any other applicable code provisions or ordinance in effect. Section 22-2-60
(A.Policy 1.3) states, "Allow commercial and industrial uses, which are
directly related to, or dependent upon, agriculture to locate within the
A(Agricultural)Zone District when the impact to surrounding properties is
minimal, and where adequate services are currently available and
reasonably obtainable. Agricultural businesses and industries will be
encouraged to locate in areas that minimize the removal of agricultural land
from production." There is an existing dairy currently operating at the site.
2005-3161
(0C' '. P I7 ), APPL4 PL1316
/<A -(c/-oS
AMENDED SPECIAL REVIEW PERMIT#1231 - LARRY AND MARGARET DEHAAN
PAGE 2
The proposed amendment will be located within the boundaries of
USR-1231, which was approved in 1999 for 2,500 cows. The proposed
amendment will not expand the boundaries of the original Use by Special
Review Permit.
b. Section 23-2-230.B.2--The proposed use is consistent with the intent of the
A(Agricultural)Zone District. Section 23-3-40.B.16 of the Weld County Code
provides for a livestock confinement operation (dairy)as a Use by Special
Review in the A(Agricultural) Zone District.
c. Section 23-2-230.6.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. The vicinity is agricultural in
character with rural residences. The Busker Dairy facility(approved under
USR-1356) is located three quarters of a mile west of the site. There are
eight(8)single residences ranging from approximately one quarter to one
half of a mile west and northwest of the site. There is an existing single
family residence located approximately 900 feet south of the site. There are
four(4)existing residences to the east of the site ranging from immediately
east of the Use by Special Review Permit boundary to one quarter of a mile
from the site. Agricultural land is located to the north of the site. The
Conditions of Approval and Development Standards will effectively mitigate
any adverse impacts to surrounding areas.
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.B.5 -- The site does not lie within any Overlay Districts.
Effective January 1,2003, building permits issued on the proposed lots will
be required to adhere to the fee structure of the County-Wide Road Impact
Program.
f. Section 23-2-230.B.6--The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The majority of the site is designated"Prime",with a portion of the site
designated as "irrigated non-prime", according to the United States
Department of Agriculture(U.S.D.A.)Soil Conservation Map, dated 1979.
The applicants are adding animal pens and improvements to the site;
however, they are not expanding the boundaries of the original Use by
Special Review Permit. Dairy facilities are also considered an agricultural
related use.
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AMENDED SPECIAL REVIEW PERMIT#1231 - LARRY AND MARGARET DEHAAN
PAGE 3
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 the County.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Larry and Margaret DeHaan for a Site Specific
Development Plan and Amended Use by Special Review Permit#1231 for a Livestock Confinement
Operation(dairy)and Animal Feeding Operation 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. Each sheet of the plat shall be labeled AMUSR-1231.
B. The applicant shall attempt to address the requirements of the Longmont Soil
Conservation District, as stated in the referral received April 19, 2005.
C. The applicant shall attempt to address the requirements of Weld County
School District RE-8 included in the referral received March 15, 2005.
D. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) Weld County Road 16 is designated on the Weld County Road
Classification Plan as a local gravel road,which requires a 60-foot
right-of-way at full build out. A total of 30 feet from the centerline of
Weld County Road 16 shall be delineated as right-of-way on the plat.
3) The Site Plan for Front Range Dairy shall be amended to delineate
a total of 14 employee housing units (the nine (9) currently on site
and the additional five (5) proposed housing units).
E. All septic systems located on the property shall have appropriate permits
from the Weld County Department of Public Health and Environment.
Employee housing units#1 and#2 do not have documented septic systems.
These existing septic systems will require an Individual Sewage Disposal
System (I.S.D.S.) evaluation prior to the issuance of the required septic
permits. In the event either, or both, of the systems are found to be
inadequate, the system must be brought into compliance with current
I.S.D.S.Regulations. Evidence of approval by the Weld County Department
of Public Health and Environment shall be submitted to the Department of
Planning Services.
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AMENDED SPECIAL REVIEW PERMIT#1231 - LARRY AND MARGARET DEHAAN
PAGE 4
F. Documentation regarding Well Permits 52955F and 52954F shall be
submitted to the Weld County Department of Public Health and Environment,
and evidence of said documentation submittal shall be provided to the
Department of Planning Services.
G. Should the Colorado Department of Public Health and Environment
determine that the existing layout of mobile homes and/or addition of new
mobile home(s) require Site Application approval (per Regulation 22), the
facility shall provide evidence of Site Application approval. If the facility is not
subject to the Site Application Regulations, the applicant shall provide
evidence of such to the Weld County Department of Public Health and
Environment. Evidence from the Department of Public Health and
Environment that this condition has been satisfied shall be provided to the
Department of Planning Services.
H. The applicant shall provide the following information to the Weld County
Department of Public Health and Environment:
1) Documentation prepared by a Colorado registered professional
engineer that all existing wastewater impoundments for the confined
animal feeding operation meet seepage rates as defined in Water
Quality Control Commission Regulation 81.5(2)(b). Documentation
for any new impoundment shall be provided for 30 days prior to use
of the impoundment.
2) Evidence that a Standard Operating Procedure for sludge and
manure removal (cleaning of impoundments to maintain capacity)
has been approved by the Colorado Water Quality Control Division
as described in Water Quality Control Commission
Regulation 81.5 (3)(b).
3) A site plan and site layout,which demonstrates that any existing or
new impoundments meet required setbacks to water wells and
groundwater as required in Water Quality Control Commission
Regulation 81.5(6). Evidence that this information has been
submitted and approved by the Weld County Department of Public
Health and Environment shall be submitted to the Department of
Planning Services.
The facility shall submit an application for a Confined Animal Feeding
Operation(CAFO)Colorado Discharge permit as provided in Water Quality
Control Commission Regulation 61.
J. The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
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AMENDED SPECIAL REVIEW PERMIT#1231 - LARRY AND MARGARET DEHAAN
PAGE 5
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 thirty(30)days from the
date of the Board of County Commissioners Resolution. The applicant shall be
responsible for paying the recording fee.
3. The Department of Planning Services respectfully requests the surveyor provide a
digital copy of this Amended Use by Special Review. Acceptable CAD formats are
.dwg, .dxf,and .dgn(Microstation);acceptable GIS formats areArcView 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 maDs@co.weld.co.us.
4. Prior to Release of Building Permits:
A. A plan review is required for each building for which a building permit is
required. Plans shall include a floor plan. Commercial building plans shall
bear the wet stamp of a Colorado registered engineer or architect. Two
complete sets of plans are required when applying for each permit.
Commercial building plans require a Code Analysis Date sheet,provided by
the Weld County Department of Building Inspection. Residential building
plans may be required to bear the wet stamp of a Colorado registered
architect or engineer.
B. The hospital parlor will require an engineered foundation based on a
site-specific geotechnical report or an open hole inspection performed by a
Colorado registered engineer. Engineered foundations shall be designed by
a Colorado registered engineer.
5. 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#1231 - LARRY AND MARGARET DEHAAN
PAGE 6
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 16th day of November, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
/
WELD COUNTY, COLORADO
ATTEST: M r / ,i ,' ,' a' ✓ t, 7;i�
r I; a. an illiam H. J rke, Chair
Weld County Clerk to th:(: .- . ct �1
���� , I M. ,
BY: Atilt \r at I A ya' ,A by, �� eile Pro-Tem
CD uty Cl rk to the Bo ch
Da 'd E. Long
AP D AS b_
Robert D. Masden
/T
ounty Attorney EXCUSED
Glenn Vaad
Date of signature: t 2h 1%
2005-3161
PL1316
SITE SPECIFIC DEVELOPMENT PLAN
AMENDED USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
LARRY AND MARGARET DEHAAN
AMUSR#1231
1. The Site Specific Development Plan and Amended Use by Special Review Permit#1231 is
for a Livestock Confinement Operation (dairy) and Animal Feeding Operation for 2,300
milking cows,along with approximately 1,700 replacement heifers,dry cows and calves,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. Historical flow patterns and run-off amounts will be maintained on the site in such a manner
that it will reasonably preserve the natural character of the area and prevent property
damage of the type generally attributed to run-off rate and velocity increases, diversions,
concentration and/or unplanned ponding of storm run-off.
4. Water service for all employee housing units shall be provided by the Central Weld County
Water District.
5. All septic systems on the property must be maintained in good working order at all times.
6. The facility shall maintain compliance with the requirements of the Site Application in
accordance with Regulation 22(as determined by the Colorado Department of Public Health
and Environment, Water Quality Control Division).
7. The facility shall obtain and comply with its CAFO Colorado Discharge Permit and operate
in compliance with Colorado Water Quality Control Commission(WQCC)Regulations#61
and #81.
8. There shall be no manure or process wastewater discharged into surface water from the
production area or land application areas except as provided in the facility's CAFO Colorado
Discharge Permit.
9. Manure and process wastewater shall be applied at agronomic rates and in accordance with
the facility's Nutrient Management Plan and/or Manure and Wastewater Management Plan.
10. The facility shall operate in compliance with applicable Colorado Air Quality Control
Regulations. There shall be no open burning except"agricultural open burning"as defined
by Colorado Air Quality Control Commission Regulation 9.
11. 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.
12. The facility shall be operated and maintained in a manner to prevent nuisance conditions.
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DEVELOPMENT STANDARDS - LARRY AND MARGARET DEHAAN (USR#1231)
PAGE 2
13. The facility shall control fugitive dust on this site and operate in accordance with the facility's
Management Plan for Nuisance Control (current approved plan dated February 2005).
14. The facility shall be operated in a manner to control pests. The facility shall be operated in
accordance,at all times,with the Management Plan for Nuisance Control(current approved
plan dated February 2005). 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.
15. The facility shall be operated in a manner to control flies. The facility shall be operated in
accordance,at all times,with the Management Plan for Nuisance Control(current approved
plan dated February 2005). 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 the facility, and in the judgment of the Weld County Health
Officer, there exists a fly condition requiring abatement.
16. The facility shall be operated in accordance with the odor abatement provisions of the
Management Plan for Nuisance Control (current approved plan dated February 2005).
Odors detected off the 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 the odor levels detected from 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.
17. 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.
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 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.
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DEVELOPMENT STANDARDS - LARRY AND MARGARET DEHAAN (USR#1231)
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20. A plan review is required for each building for which a building permit is required. Plans shall
include a floor plan. Commercial building plans shall bear the wet stamp of a Colorado
registered engineer or architect. Two complete sets of plans are required when applying for
each permit. Commercial building plans require a Code Analysis Date sheet, provided by
the Weld County Department of Building Inspection. Residential building plans may be
required to bear the wet stamp of a Colorado registered architect or engineer.
21. The hospital parlor will require an engineered foundation based on a site-specific
geotechnical report or an open hole inspection performed bya Colorado registered engineer.
Engineered foundations shall be designed by a Colorado registered engineer.
22. Buildings shall conform to the requirements of the various codes adopted at the time of
permit application. Currently,the following Codes have been adopted by Weld County:2003
International Building Code,2003 International Mechanical Code,2003 International Plumbing
Code, 2002 National Electrical Code, and Chapter 29 of the Weld County Code.
23. Building heights 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
construction types, and to determine compliance with the Bulk Requirements from
Chapter29 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.
24. A separate building permit shall be obtained prior to construction of any building.
25. In the event that one (1) or more acres are disturbed during the construction and
development of this site,the applicant shall obtain a Stormwater Discharge Permit from the
Water Quality Control Division of the Colorado Department of Public Health and
Environment.
26. Effective January 1, 2003, building permits issued on the proposed site will be required to
adhere to the fee structure of the County-Wide Road Impact Program.
27. The number of mobile homes to be used for employees shall be limited to a total of
fourteen(14),as proposed in the application. Any additional accessory residential structures
must obtain all appropriate building and zoning permits.
28. At such time that 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 applicant
shall apply and be approved for the appropriate zoning and building permits for the
appropriate use.
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DEVELOPMENT STANDARDS - LARRY AND MARGARET DEHAAN (USR #1231)
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29. The hours of operation in the milking parlors and related facilities shall be 24 hours a day,
seven days a week. Equipment operations, trucks, farming activities and maintenance
activities other than emergencies will occur primarily during daylight hours.
30. 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.
31. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
32. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
33. 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.
34. Lighting shall be in accordance with Section 23-2-250.D of the Weld County Code.
35. 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.
36. 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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