HomeMy WebLinkAbout20031460.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL
REVIEW PERMIT#1282 FORA DAIRY IN THE A(AGRICULTURAL)ZONE DISTRICT-
JOHN JOHNSON
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 25th day of
June, 2003, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the
application of John Johnson, 23016 Weld County Road 74, Eaton, Colorado 80651, for a Site
Specific Development Plan and Amended Use by Special Review Permit#1282 for a Dairy in the
A (Agricultural) Zone District on the following described real estate, to-wit:
Lot B of Amended Recorded Exemption#499; being
part of the S1/2NE1/4 and S1/2NW 1/4 of Section 1,
Township 6 North, Range 65 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, said applicant was represented by Tom Haren, LANDPROfessionals, 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 23-2-230.6 of the Weld County Code as follows:
a. Section 23-2-230.6.1 --The proposed use is consistent with Chapter22 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 2,000 head of dairy cows
and add a milking parlor to the existing feedlot. Dairies are considered
agricultural related operations.
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.B.16 of the Weld County Code
provides for Agricultural Service Establishments primarily engaged in
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AMENDED USE BY SPECIAL REVIEW PERMIT#1282 - JOHN JOHNSON
PAGE 2
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 23-2-230.6.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. An existing dairy facility(Special
Use Permit#138 for 100 dairy cows)is located to the east of this site. There
is also a confined animal feeding operation (Special Use Permit#395 for
2,000 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 Use by Special Review boundary. The proposed dairy facility will
not increase the total number of cattle allowed on the facility under the
original Use by Special Review Permit#1282 for a total of 11,240 head of
cattle. The Development Standards,Conditions of Approval,and Operations
Standards will effectively mitigate any adverse impacts to surrounding areas.
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 site is
not located within any Intergovernmental Agreement, Urban Growth
Boundary, or three-mile referral areas of any incorporated towns.
e. Section 23-2-230.6.5 --The application complies with Section 23-5 of the
Weld County Code. 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 23-2-230.6.6--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 property is designated as irrigated non-prime farmground. The dairy
addition to the Use by Special Review 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 23-2-230.6.7 -- The Design Standards (Section 23-2-240, Weld
County Code),Operation Standards(Section 23-2-250,Weld County Code),
Conditions of Approval,and Development Standards ensure that there are
adequate provisions for the protection of the health,safety,and welfare of the
inhabitants of the neighborhood and County.
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AMENDED USE BY SPECIAL REVIEW PERMIT#1282 - JOHN JOHNSON
PAGE 3
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado,that the application of John Johnson fora Site Specific Development Plan and
Amended Use by Special Review Permit#1282 for a Dairy in the A(Agricultural)Zone District on
the parcel of land described above be, and hereby is, granted subject to the following conditions:
1. Prior to recording the plat:
A. The plat shall be labeled AMUSR-1282.
B. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) The existing and future right-of-way for Weld County Roads 74
and 47.
3) The Use by Special Review boundary shall be a solid heavy line.
4) A parking area large enough to accommodate eight (8) parking
spaces and two (2) loading spaces shall be indicated.
5) Any exterior lighting shall be indicated, if proposed.
C. The applicant shall address the requirements or concerns of Kim Ogle,Weld
County Planner III, as outlined in his referral dated March 6, 2003.Written
evidence of such shall be provided to the Department of Planning Services.
D. 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 2,000-head dairy,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.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 stormwater run-off
generated from a twenty-five year,twenty-four hour storm event.This
shall be conducted by a Colorado registered professional engineer.
2) Demonstration that any proposed waste water retention structure
will be constructed in accordance with the CAFO Control Regulations
and to have a seepage rate not to exceed 1/32-inch per day. The
demonstration shall be conducted by a Colorado registered
professional engineer.
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AMENDED USE BY SPECIAL REVIEW PERMIT#1282 - JOHN JOHNSON
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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 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 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 the site is graded to convey stormwater or other waste
waters to retention facilities in order to prevent stagnant or pooling
water.
E. 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.
Evidence of such shall be submitted to the Department of Planning Services.
F. The applicant shall address the concerns of the North Side Lateral Extension
Ditch Company outlined in the referral received April 21,2003. 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.
H. The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
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
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AMENDED USE BY SPECIAL REVIEW PERMIT#1282 - JOHN JOHNSON
PAGE 5
with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar
plat and additional requirements shall be submitted within 180 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 respectively requests the surveyor provide a
digital copy of this Amended Use by Special Review. Acceptable CAD formats are
.dwg, .dxf,and.dgn(Microstation);acceptable GIS formats are 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. 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.
5. 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 29-3-20B.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.
6. 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 USE BY SPECIAL REVIEW PERMIT#1282 - JOHN JOHNSON
PAGE 6
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 25th day of June, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
WEL OUNTY, COLORADO
ATTEST: fail ` E La���
�►+ D vid E. Lon , Chair
Weld County Clerk t. ft, 4• -i `r�:�=;
Robert D. M en, Pro-Te
BY: a C 4`.:t a. . _ a
Deputy Clerk to the
M. J. Bile
AP VE AST ur 2// -r
Willia H. Jerk unty Atto i iey a�U.�./ld4/r
�
Glenn Vaad-
7/Date of signature:
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SITE SPECIFIC DEVELOPMENT PLAN
AMENDED USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JOHN JOHNSON
AMUSR#1282
1. The Site Specific Development Plan and Amended Use by Special Review Permit#1282 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,including a dairyfor 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.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the
Weld County Code.
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 CAFO Control Regulations (5 CCR 1002-19).
4. The facility shall be in compliance with the CAFO Control Regulations prior to final approval
of the proposed use.
5. All liquid and solid wastes,as defined in the Solid Wastes Disposal Sites and Facilities Act,
Section 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.
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.
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.
8. 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.
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.
10. The facility shall maintain compliance with CAFO Control Regulations(5 CCR 1002-19)and
the Weld County Code.
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DEVELOPMENT STANDARDS - JOHN JOHNSON (USR #1282)
PAGE 2
11. A spillage retention berm shall be required around anyfuel 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.
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 (I.S.D.S.) Regulations.
13. 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.
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. 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.
16. There shall be no burning conducted at the site,with exception to"agricultural open burning"
as defined by Regulation No. 1 of the Colorado Air Quality Control Commissioner
Regulations.
17. The facility shall be operated and maintained in a manner to prevent nuisance conditions.
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.
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.
21. The stormwater drains into the existing ponds. One new pond will be constructed,
maintained,and operated in accordance with the CAFO Control Regulations. Water from
these ponds will be used for irrigation of farm ground.
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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.
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 (UBC), 1998 International Mechanical Code (IMC), 1997 International
Plumbing Code (IPC), 2002 National Electrical Code (NEC), and Chapter 29 of the Weld
County Code.
24. Each building 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.
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.
26. Building height shall be measured in accordance with the 1997 UBC 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.
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 29-3-20.B.13.b of the Weld County Code. 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.
28. Effective January 1,2003,Building Permits issued on the lot will be required to adhere to the
fee structure of the County-Wide Road Impact Fee Program.
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.
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32. 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.
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
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