HomeMy WebLinkAbout20011930.tiff RESOLUTION
RE: APPROVE A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL
REVIEW PERMIT#1327 FOR AN AGRICULTURAL SERVICE ESTABLISHMENT AND
A LIVESTOCK CONFINEMENT OPERATION (1,350-HEAD DAIRY)ALONG WITH
THREE MOBILE HOMES FOR EMPLOYEE HOUSING IN THE A(AGRICULTURAL)
ZONE DISTRICT - COCKROFT DAIRY FARM, C/O sum-COCKROFT
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 8th day of
August, 2001, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Cockroft Dairy Farm, Go Scott Cockroft, 27906 Weld County
Road 388, Kersey, Colorado 80644, for a Site Specific Development Plan and Use by Special
Review Permit#1327 for an Agricultural Service Establishment and a Livestock Confinement
Operation (1,350-head dairy) along with three mobile homes for employee housing in the
A (Agricultural) Zone District on the following described real estate, to-wit:
Parts of Section 10, 11, 14, and 15, all in
Township 5 North, Range 64 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, said applicant was represented by Thomas Haren, AgPro Environmental
Specialists, LLC, 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.B.1 —The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinances in effect.
b. Section 23-2-230.6.2—The proposed use is consistent with the intent of
the A (Agricultural)Zone District.
SPECIAL REVIEW PERMIT#1327 - COCKROFT DAIRY FARM, C/O SCOTT COCKROFT
PAGE 2
c. Section 23-2-230.B.3—The uses which will be permitted 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 site lies within the three-mile referral area of
the Town of Kersey. The Town of Kersey indicated no conflict with its
interests.
e. Section 23-2-230.B.5—The application complies with Section 23-5 of the
Weld County Code. The facility is located on the banks of the South
Platte River within the 100-Year Flood Plain as delineated by panel 0645
C of the Federal Emergency Management Agency, Flood Insurance Rate
Maps. The proposed changes to the retention facilities along the bank of
the South Platte River will ensure the health, safety, and welfare of the
inhabitants of the neighborhood and County.
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 site is designated "Prime" north of, and "Other" south
of Weld County Road 388 by the U.S.D.A. Soil Conservation Service.
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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Cockroft Dairy Farm, do Scott Cockroft, for a
Site Specific Development Plan and Use by Special Review Permit#1327 for an Agricultural
Service Establishment and a Livestock Confinement Operation (1,350-head dairy) along with
three mobile homes for employee housing in the A (Agricultural)Zone District on the
hereinabove described parcel of land be, and hereby is, granted subject to the following
conditions:
1. The attached Development Standards for the Use by Special Review Permit
shall be adopted and placed on the Use by Special Review Plat prior to
recording. The completed plat shall be delivered to the Weld County
Department of Planning Services and be ready for recording in the Weld County
Clerk and Recorder's Office within 90 days of approval by the Board of County
Commissioners.
2001-1930
PL1543
SPECIAL REVIEW PERMIT#1327 - COCKROFT DAIRY FARM, C/O SCOTT COCKROFT
PAGE 3
2. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1) The boundaries of the Use by Special Review Permit south of
Weld County Road 388.
2) The location of the existing mobile homes.
3) Weld County Road 388 is designated on the Weld County
Transportation Plan Map as a collector status road, which requires
80 feet of right-of-way at full build out. There is presently 60 feet
of right-of-way. A total of 30 feet from the centerline of Weld
County Road 388 shall be delineated on the plat as right-of-way,
and an additional 10 feet as right-of-way reservation for future
expansion of Weld County Road 388.
4) One access to the operations north of Weld County Road 388 for
daily operations.
B. 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 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:
1) Demonstration by a Registered Professional Engineer 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.
2) Demonstration by a Registered Professional Engineer that the
existing waste water retention structure has been constructed with
a liner, similar to the liners described in the CAFO Control
Regulations, that does not exceed a seepage rate of 1/32"/day
(1 X 10-6 cm/sec).
3) Demonstration by a Register Professional Engineer that any
proposed waste water retention structure will be constructed in
accordance with the criteria described in the CAFO Control
Regulations.
4) 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, etc.
2001-1930
PL1543
SPECIAL REVIEW PERMIT#1327 - COCKROFT DAIRY FARM, CIO SCOTT COCKROFT
PAGE 4
5) 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 control features, etc.
6) 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.
7) Demonstration that adequate measures are in place to prevent
any discharges except those which are allowed by the CAFO
Control Regulations.
8) Other necessary measures which are required in order to comply
with the CAFO Control Regulations.
9) A description of the types of records that will be maintained on the
facility, as required by the CAFO Control Regulations.
10) A detailed design and description of the pump and all associated
equipment that will be used to maintain the southern-most pond to
a liquid level of not more than 1.5 feet from the design base
elevation of the retention structure.
11) A detailed design and description of the easily readable depth
gauge that will be permanently attached to the southern-most
pond so that the liquid level of the pond can be easily observed.
12) Evidence provided by a Registered Professional Engineer that all
portions of the facility located in the flood plain are adequately
flood-proofed to prevent inundation or removal during storm
events up to and including a 100-year storm event.
C. 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.
D. A Dust Abatement Plan shall be submitted to the Weld County
Department of Public Health and Environment for review and approval.
Evidence of approval shall be submitted to the Weld County Department
of Planning Services.
E. A Fly Control Plan shall be submitted to the Weld County Department of
Public Health and Environment for review and approval. Evidence of
approval shall be submitted to the Weld County Department of Planning
Services.
2001-1930
PL1543
SPECIAL REVIEW PERMIT#1327 - COCKROFT DAIRY FARM, C/O SCOTT COCKROFT
PAGE 5
F. An Odor Control Plan shall be submitted to the Weld County Department
of Public Health and Environment for review and approval. Evidence of
approval shall be submitted to the Weld County Department of Planning
Services.
G. The facility shall rectify the non-compliant septic system serving the
residence located at 30906 Weld County Road 388. Evidence that the
septic system has met all criteria of the Weld County Department of
Public Health and Environment shall be submitted to the Weld County
Department of Planning Services.
H. All septic systems located on the property shall have appropriate permits
from the Weld County Department of Public Health and Environment.
The Environmental Health Division of the Weld County Department of
Public Health and Environment was unable to locate a septic permit for
the septic systems currently serving the milking parlor and the 3 mobile
homes existing on the property. Any existing septic system 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.
In the event the system is found to be inadequate, the system must be
brought into compliance with current I.S.D.S. Regulations. Evidence that
the septic systems have met all Public Health and Environment criteria
shall be submitted to the Weld County Department of Planning Services.
The applicant shall provide evidence to the Weld County Departments of
Public Health and Environment and Planning Services that the facility has
applied for the Colorado Discharge Permit System General Permit for
Concentrated Animal Feeding Operations from the Colorado Department
of Public Health and Environment.
J. All vehicles located on the property must be operational with current
license plates, be screened from all adjacent properties and public rights-
of-way, or be removed from the property. All other items considered to be
part of a noncommercial junkyard must also be removed from the
property or screened from adjacent properties and public rights-of-way.
The property is in violation of Chapter 23 of the Weld County Code
(Violation Number VI-0000309). The applicant shall schedule a final
inspection with the Weld County Zoning Compliance Officer and submit a
copy of the closure letter indicating compliance with Chapter 23 of the
Weld County Code.
K. The applicant shall submit evidence of an adequate water supply for all
dairy needs to the Weld County Department of Planning Services.
Should the water supply be inadequate for the proposed 1,350 head of
cattle and associated dairy needs, the maximum number of cattle shall be
lowered in accordance with the water supply.
2001-1930
PL1543
SPECIAL REVIEW PERMIT#1327 - COCKROFT DAIRY FARM, C/O SCOTT COCKROFT
PAGE 6
3. 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 8th day of August, A.D., 2001.
BOARD OF UNTY COMMISSIONERS
WELD C TY, COLORADO
EL
ATTEST: /7,,,�_/�f� ' MF7&E
Weld County Clerk to t
�''..'° i EXCUSED
Glenn Vaad, Pro-Tem
BY:
Deputy Clerk to the Boat 2. ' 4 iu P
W' 'am H. Jerke
_},P ED AS T RM:
vi o
County Attor y
/ Robert D. sden
Date of signature:
2001-1930
PL1543
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
COCKROFT DAIRY FARM, C/O SCOTT COCKROFT
USR#1327
1. The Site Specific Development Plan and Use by Special Review Permit #1327 is for an
Agricultural Service Establishment and a Livestock Confinement Operation (1,350-head
dairy) along with three mobile homes for employee housing 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 wastes 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 Operation(CAFO)
Control Regulations (5 CCR 1002-19) and Section 23-4-710 of 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 NPDES 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 Regulations (5 CCR 1002-19).
2001-1930
PL1543
DEVELOPMENT STANDARDS - COCKROFT DAIRY FARM, C/O SCOTT COCKROFT
(USR#1327)
PAGE 2
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 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.
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 with the approved Fly Control Plan at all times. 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 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. The southern-most pond shall be equipped with a permanent,easily readable,depth gauge
so that the liquid level of the pond can be easily observed. The liquid level shall be
maintained at a depth of not more than 1.5 feet from the design base elevation of the
retention structure.
19. New roof structures and any significant remodel or addition to existing buildings require
review and building permits.
20. All accesses and feed alleys shall be surfaced with gravel and shall be graded to prevent
drainage problems.
21. No off-street parking adjacent to Weld County Road 388 shall be allowed.
22. Weld County Road 388, in front of and adjacent to the dairy site, shall be cleaned of mud
and debris as needed to keep the road free of such debris.
2001-1930
PL1543
DEVELOPMENT STANDARDS - COCKROFT DAIRY FARM, C/O SCOTT COCKROFT
(USR#1327)
PAGE 3
23. If any work associated with this project requires the placement of dredged or fill material,
and any excavation associated with a dredged or fill project,either temporary or permanent,
in waters of the United States which may include streams, open water lakes, ponds or
wetlands takes place at this location, the applicant shall obtain a Department of Army,404
Clean Water Act permit.
24. The facility shall maintain compliance with its Colorado Discharge Permit System Gejieral
Permit for Confined Animal Feeding operations.
25. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
26. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
27. Personnel from the Weld County Departments of Public Health and Environment and
Planning Services 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.
28. 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.
29. 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.
2001-1930
PL1543
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