HomeMy WebLinkAbout20031461.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Stephen Mokray, 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 NUMBER: AmUSR-1282
APPLICANT: John Johnson
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Lot B AmRE-499; part S2 NE4 S2 NW4 Section 1, T6N, R65W of the 6th
P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for a Dairy in
the A(Agricultural)Zone District.
LOCATION: East of and adjacent to WCR 47; South of and adjacent to WCR 74.
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,"Conserve agricultural
land for agricultural purposes which foster the economic health and continuance of
agriculture." The property is currently being used as an animal feedlot and the applicants
are proposing to include a dairy operation which will have a maximum of 2000 head of dairy
cows and add a milking parlor to the existing feedlot. Dairies are considered agricultural
related operations.
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.
C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses. An existing dairy facility(SUP-138 for 100 Dairy cows) is located
to the east of this site.There is also a confined animal feeding operation(SUP-395 for 2000
head feedlot) located to the north of this site. The adjacent properties are all zoned A
(Agricultural)and there are three residential homes within 500 feet of the USR boundary.
The proposed dairy facility will not increase the total number of cattle allowed on the facility
under the original USR-1282 special use permit(a total of 11,240 head). The Development
Standards,Conditions of Approval,and Operations Standards will effectively mitigate any
adverse impacts to surrounding areas.
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 byChapter22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The site is not located within any IGA's, UGB's or 3-mile referral areas of
any incorporated towns.
E. Section 23-2-220.A.5 -- The application complies with Section 23-5 of the Weld County
Code. ~ g
d N
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. (Ordinance 2002-11)
2003-1461
Resolution AmUSR-1282
John Johnson
Page 2
F. 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 majority of the
property is designated as prime farm ground according to the U.S.D.A. Soil Conservation
Map, dated 1979. A portion of the of the property is designated as irrigated non prime
farmground. The dairy addition to the USR is located within the existing feedlot pens with
the exception of the proposed improvements for the dairy. Improvements for the proposed
new dairy including the milking parlor and solid waste separator will be located on the
portion of the site designated non-prime.
G. 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.
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.
The Planning Commission's recommendation for approval is conditional upon the following:
1. Prior to scheduling a Board of County Commissioners hearing:
A. The applicant shall either submit to the Weld County Department of Planning Services a
copy of an agreement with the properties mineral owners/operators stipulating that the oil
and gas activities have adequately been incorporated into the design of the site or show
evidence that an adequate attempt has been made to mitigate the concerns of the mineral
owners. (Department of Planning Services)
B. The applicant shall submit a detailed signage plan to the Weld County Department of
Planning Services. (Department of Planning Services)
2. Prior to recording the plat:
A. The plat shall be labeled AMUSR-1282. (Department of Planning Services)
B. The plat shall be amended to delineate the following:
1. The attached Development Standards. (Department of Planning Services)
2. The existing and future right-of-way for County Roads 74 and 47. (Department of
Public Works)
3. The USR boundary shall be a solid heavy line. (Department of Planning Services)
4. A parking area large enough to accommodate eight(8)parking spaces and two(2)
loading spaces shall be indicated. (Department of Planning Services)
5. Any exterior lighting shall be indicated (if proposed). (Department of Planning
Services)
C. The applicant shall address the requirements (concerns) of Kim Ogle, Planner III, as
outlined in his referral dated March 6, 2003.Written evidence of such shall be provided to
the Department of Planning Services. (Department of Planning Services)
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D. 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 2,000 head dairy, to the Weld County Department of Public Health and Environment
Resolution AmUSR-1282
John Johnson
Page 3
for review and approval. Evidence of Health Department approval shall be provided to the
Department of Planning Services.This plan shall include,but not be limited to the following:
(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 proposed waste water retention structure will be
constructed in accordance with the CAFO Regulations and to have a seepage rate
not to exceed 1/32"/day. The demonstration shall be conducted by a Colorado
Registered Professional engineer.
(3) A site map delineating 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, etc.
(4) A contour map which demonstrates all surface water control feature
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 the site is graded to convey stormwater or other waste waters to
retention facilities in order to prevent stagnant or pooling water. (Department of
Public Health & Environment)
E. 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. Evidence of such shall be submitted to the Department of
Planning Services. (Department of Public Health & Environment)
F. The applicant shall address the concerns of the North side Lateral Extension Ditch
Company outlined in referral received 4/21/03. Evidence of such shall be submitted to
the Department of Planning Services.
G. Dust abatement, fly control, odor control, and pest control plans shall be submitted to
the Weld County Department of Public Health and Environment for review and
approval.Evidence of Health Department approval shall be provided to the Department
of Planning Services. (Department of Public Health & Environment)
H. 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)
3. Upon completion of 1. and 2. above the applicant shall submit a Mylar plat along with all other
documentation required as Conditions of Approval.The Mylar plat shall be recorded in the office
of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat
shall be
Resolution AmUSR-1282
John Johnson
Page 4
prepared in accordance with the requirements of Section 23-2-260.D of the Weld
County Code. The Mylar plat and additional requirements shall be submitted within thirty(30)
days from the date of the Board of County Commissioners resolution. The applicant shall be
responsible for paying the recording fee. (Department of Planning Services)
4. The Department of Planning Services respectively requests the surveyor provide a digital copy
of this Recorded Exemption/Subdivision Exemption/Use by Special Review/. Acceptable CAD
formats are.dwg,.dxf,and.dgn(Microstation); acceptable GIS formats are ArcView shapefiles,
ArcInfo Coverages and ArcInfo Export files format type is.e00. The preferred format for Images
is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to
mapsco.weld.co.us. (Department of Planning Services)
5. Prior to release of building permits:
A. A plan review is required for each building for which a building permit
is required. Plans shall bear the wet stamp of a Colorado registered
architect or engineer. Two complete sets of plans are required when
applying for each permit. (Department of Building Inspection)
6. Prior to Construction:
A. A building permit shall be obtained prior to the construction of the
milking parlor. Buildings that meet the definition of an Ag Exempt
building as specified in Section 29-3-206.13 of the Weld County Code
do not need building permits, however those buildings shall obtain a
Certificate of Compliance in accordance with Section 29-3-20B.13. An
electrical permit and/or plumbing permit shall be required for any
electrical work or plumbing allowed in an Ag Exempt building. Pens
or corrals do not require building permits. (Department of Building
Inspection)
7. The Special Review activity shall not occur nor shall any building or electrical permits be issued
on the property until the Special Review plat is ready to be recorded in the office of the Weld
County Clerk and Recorder. (Department of Planning Services)
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Johnson Dairy
AMUSR-1282
1. The Site Specific Development Plan and Special Use Permit is for a an Agricultural Service
Establishment primarily engaged in performing agricultural, animal husbandry, or horticultural
services on a fee or contract basis including Livestock Confinement Operations including a dairy
for up to 2,000 head of cattle(total of 11,240 head of cattle and 20 horses)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. 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 & Environment)
4. The facility shall be in compliance with the Confined Animal Feeding Operation Regulations
prior to final approval of the proposed use. (Department of Public Health and Environment)
5. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S.)shall be stored and removed for final disposal in a manner that protects
against surface and groundwater contamination. (Department of Public Health and
Environment)
6. 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 & Environment)
7. 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 & Environment)
8. The facility shall adhere to the maximum permissible noise levels allowed in the Light Industrial
Zone District as delineated in 25-12-103,C.R.S.(Department of Public Health and Environment)
9. 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 the odor levels detected off-site 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. (Department of Public Health and Environment)
10. 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 & Environment)
11. 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 & Environment)
12. A septic system shall be installed to dispose of any domestic wastes generated within the
milking parlor. The system shall comply with all provisions of the Weld County Individual
Sewage Disposal System Regulations. (Department of Public Health and Environment)
Resolution AmUSR-1282
John Johnson
Page 2
13. 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 & 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 & Environment)
15. Wastes 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. (Department of Public Health & 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
17. The facility shall be operated and maintained in a manner to prevent nuisance conditions.
(Department of Public Health & Environment)
18. The facility shall be operated in a manner to control pests. The facility shall be operated in
accordance,at all times,with the approved pest control plan. Additional control measures shall
be implemented at the request of the Weld County Department of Public Health and
Environment in the event that rodents (which can be determined to be associated with the
facility) are in such a number to be considered a nuisance condition. (Department of Public
Health & Environment)
19. Any deceased animals found on the lot shall be removed within 24 hours of discovery and
disposed of properly.
20. Off street parking and loading areas shall be surfaced with gravel or the equivalent and shall
be graded to prevent drainage problems. (Department of Public Works)
21. The storm water drains into the existing ponds. One new pond will be constructed,maintained,
and operated in accordance with the Colorado Confined Animal Feeding Control Regulation.
Water from these ponds will be used for irrigation of farm ground. (Department of Public
Works)
22. A plan review is required for each building for which a building permit is required. Plans shall
bear the wet stamp of a Colorado registered architect or engineer. Two complete sets of plans
are required when applying for each permit. (Department of Building Inspection)
23. Buildings shall conform to the requirements of the various codes adopted at the time of permit
application. Currently the following has been adopted by Weld County: 1997 Uniform Building
Code, 1998 International Mechanical Code, 1997 International Plumbing Code,2002 National
Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspection)
24. Each building 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. (Department of Building
Inspection)
Resolution AmUSR-1282
John Johnson
Page 3
25. Building height shall be limited to the maximum height allowed per UBC Table 5-B. Wall and
opening protection and limitations shall be in accordance with UBC Table 5-A. Separation of
buildings of mixed occupancy classifications shall be in accordance with UBC Table 3-B and
Chapter 3. Setback and offset distances shall be determined by Chapter 23 of the Weld County
Code. (Department of Building Inspection)
26. Building height shall be measured in accordance with the 1997 Uniform 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 27 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.
Offset and setback requirements are measured to the farthest projection from the building.
(Department of Building Inspection)
27. A building permit shall be obtained prior to the construction of the milking parlor and/or any
other buildings. Buildings that meet the definition of an Ag Exempt building as specified in
Section 29-3-206.13 of the Weld County Code do not need building permits, however those
buildings shall obtain a Certificate of Compliance in accordance with Section 29-3-20B.13.b.
An electrical permit and/or plumbing permit shall be required for any electrical work or plumbing
allowed in an Ag Exempt building. Pens, corrals or concrete pads do not require building
permits. (Department of Building Inspection)
28. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the
fee structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department of
Planning Services)
29. The property owner or operator shall be responsible for complying with the Livestock
Confinement Operation standards of Section 23-4-350, Weld County Code.
30. The property owner or operator shall be responsible for complying with the Operation Standards
of Section 23-2-250, Weld County Code.
31. Personnel from Weld County Government shall be granted access onto the property at any
reasonable time in order to ensure the activities carried out on the property comply with the
Development Standards stated herein and all applicable Weld County regulations.
32. 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.
33. 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 Bernie Ruesgen
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Resolution AmUSR-1282
John Johnson
Page 4
VOTE:
For Passage Against Passage Absent
Fred Walker
Michael Miller
John Folsom
John Hutson
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 May 6, 2003.
Dated the 6'" of May, 2003.
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Voneen Macklin
Secretary
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