HomeMy WebLinkAbout20003152.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 fpr:
PLANNER: Julie k Chester [i 'l l ,r--,
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CASE NUMBER: AmUSR-1144 •
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APPLICANT: Richard and Phyllis Podtburg, 12673 WCR 66, Greeley, CO 80631 I
do AgPro Environmental Services, LLC, 2057 Alpine Sky Drive, Berthoud, CQJ8051- -
REQUEST: A Site Specific Development Plan and a Special Review Permit for an Agricultural Serfce
Establishment primarily engaged in performing agricultural, animal husbandry, o-
horticultural services on a fee or contract basis, including Livestock Confinement
Operations (3000 Head Dairy) in the Agricultural Zone District
LEGAL DESCRIPTION. W2/SE4 of Section 19, T6N, R66Wof the 6th P.M., Weld County, Culorad:>
LOCATION: North of and adjacent to WCR 66, West of and adjacent to WCR 25 3/4
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 24 of the
Weld County Zoning Ordinance, as amended
2. It is the opinion of the Planning Commission that the applicant has shown compliance with bectior
24.3 of the Weld County Zoning Ordinance, as amended, as follows:
a. Section 24.3.1.1 --That the proposal is consistent with the Weld County Comprehensive
Plan. A.Goal 1 states, "Preserve prime farmland for agricultural purposes which foster the
economic health and continuance of agriculture." The U.S.D.A. soils map indicates That the
soils on the majority of this property are designated "prime". The proposed dairy is an
agricultural use of economic importance to Weld County. A.Policy 1 states, "Agricultural
zoning will be established and maintained to protect and promote the County's agri.;ultural
industry." The proposal will also benefit those commercial and industrial uses directly
related to agriculture, as well as benefit the farmers in the area who will provide feed and
other products to the dairy.
b. Section 24.3.1.2 --The proposal is consistent with the intent of the district in which the use
is located. The property is zoned Agricultural and section 31.4.2 states that Agricultural
Service Establishments primarily engaged in performing agricultural, animal husbandry, or
horticultural services on a fee or contract basis, including livestock confinement operations,
are permitted as a Use by Special Review in the Agricultural Zone District.
c. Section 24.3.1.3 --The uses which would be permitted will be compatible with the existing
surrounding land uses. Uses on adjacent properties are primarily agricultural, including
farmed fields and three single family dwellings in close proximity. USR-1144 was approved
by the Board of County Commissioners on May 14, 1997 fora Site Specific Devel�opmert
Plan and Special Review Permit for a 2000 Head Dairy. The Board determined that the use
was compatible with existing, surrounding land uses, at that time.
14 EXHIBIT
Amt R!I I4Y 2000-315;
RESOLUTION, AmUSR-1144
Podtburg Dairy
Page 2
Conditions of Approval and Development Standards will ensure that any incompatibilities
will be mitigated. The Conditions of Approval and Development Standards will ensure the
health, safety and welfare of the citizens of Weld County.
d. Section 24.3.1.4 --The uses which would 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 the comprehensive plan or master plans of affected
municipalities. While some nearer areas are becoming increasingly urban in use, it is in
the interest of the county to continue to foster agricultural growth in the Agricultural Zone
District, consistent with it's historical use and allowed under the zone district. The City of
Greeley Planning Commission indicated in their referral response,dated October 10,2000,
that the dairy was located within the City's Long Range Expected Growth Area, that the
request is not consistent with their Comprehensive Plan and their recommendation is for
denial. However, should the Weld County Planning Commission approve the request,
several conditions were suggested to be a part of the approval. A Condition of Approval
addresses the concerns of the City of Greeley. The Town of W ndsor commented that the
proposal is consistent with the Town's Land Use Plan map and is recommending approval.
Weld County does not have an intergovernmental agreement with the City of Greeley or the
Town of Windsor at this time.
e. Section 24.3.1.5--This proposal does lie within an Overlay Districts. Effective December
1, 1999, Building Permits issued on this property lots may be required to adhere to the fee
structure of the Windsor Service Area Road Impact Program. (Ordinance 210)
f. Section 24.3.1.6--If the use is proposed to be located in the Agricultural Zone District, the
applicant shall demonstrate a diligent effort to conserve prime agricultural land in the
locational decision for the proposed use. As stated previously, this property is designated
as"prime"as designated on the U.S.D.A. Soils Map. The site has been historically utilized
for animal confinement and although some prime farmground will be taken out of field
production, agricultural uses will continue to be located on this parcel.
g. Section 24.3.1.7 -There is adequate provision for the protection of the health, safety and
welfare of the inhabitants of the neighborhood and the County.The attached Conditions of
Approval and Development Standards ensure the protection of the health, safety and
welfare of the inhabitants of the neighborhood and the County.
h. Section 47 --The applicant shall comply with the additional requirements of the Livestock
Feeding Performance Standards.
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. The attached Development Standards for the Special Review Permit shall be adopted and placed
on the Special Review Plat prior to recording the plat. The completed plat shall be delivered to the
Department of Planning Services and be ready for recording in the Weld County Clerk and
Recorder's Office within 60 days of approval by the Board of County Commissioners. (Department
of Planning Services)
2. Prior to recording the plat:
RESOLUTION, AmUSR-1144
Podtburg Dairy
Page 3
A. 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 3,000 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:
(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 Colorado Registered Professional
Engineer. (Department of Public Health and Environment)
(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
Regulations. The demonstration shall be conducted by a Colorado Registered
Professional Engineer. (Department of Public Health and Environment)
(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, etc. (Department of Public Health and
Environment)
(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 control features, etc. (Department of Public Health and Environment)
(5) Demonstration that the facility has the ability to manage and/or land apply
manure and waste water at agronomic rates in accordance with the CAFO
regulations. (Department of Public Health and Environment)
(6) Demonstration that adequate measures are in place to prevent any discharges
except those which are allowed by the CAFO Regulations. (Department of Public
Health and Environment)
(7) Other necessary measures which are required in order to comply with the CAFO
Regulations. (Department of Public Health and Environment)
(8) A description of the types of records that will be maintained on the facility, as
required by the CAFO Regulations. (Department of Public Health and
Environment)
B. 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. (Department of Public Health and Environment)
C. A dust abatement plan shall be submitted to the Weld County Department of Public Health
and Environment for review and approval. (Department of Public Health and Environment)
D. A fly control plan shall be submitted to the Weld County Department of Public Health and
Environment for review and approval. (Department of Public Health and Environment)
RESOLUTION, AmUSR-1144
Podtburg Dairy
Page 4
E. An odor control plan shall be submitted to the Weld County Department of Public Health
and Environment for review and approval. (Department of Public Health and Environment)
F. The facility shall demonstrate compliance with Section 47 of the Weld County Zoning
Ordinance. (Department of Planning Services, Department of Public Health and
Environment)
G. If any work associated with this project requires the placement of dredge 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 ephemeral, intermittent and perennial
streams, lakes, ponds, or wetlands at this site, this office should be notified by a proponent
of the project for proper Department of the Army permits or changes in permit requirements
pursuant to Section 404 of the Clean Water Act. (Army Corps of Engineers)
H. The plat shall be amended to delineate the following:
1) All oil and gas equipment located on the property and a 150-foot setback radius
from any existing wells or 200-foot radius of any tank battery or other oil and gas
equipment. (Department of Planning Services)
2) WCR 25.75 is designated on the Weld County Transportation Plan Map as an
arterial status road requiring 100 feet of right-of-way at full build out. There is
presently a 60 foot right-of-way. The applicant shall reserve an additional 20 foot
right-of-way, from the center line, adjacent to WCR 25.75 to accommodate future
build out. Any setbacks are based off of future right-of-way requirements.
(Department of Public Works)
3. Prior to the release of building permits:
A. Proper building permits shall be obtained prior to any construction, demolition, or
excavation. Part of the permit application process includes a complete plan review. (Some
buildings may be exempt from building permits. Permits are always required for utilities.
Check with Weld County Building Department before any construction is started). (Weld
County Building Inspections)
B. Electrical permits shall be obtained for site lighting, pumps, or other equipment located at
the dairy. (Weld County Building Inspections)
C. Electrical work shall conform to the 1999 National Electrical Code(NEC). All wiring in damp
areas, such as where livestock are present, shall be suitable for that location. (Weld
County Building Inspections)
D. All manufactured homes shall have building permits. (Weld County Building Inspections)
E. Complete drawings shall be submitted to the Windsor/Severance Fire Protection District for
review. (Weld County Building Inspections)
F. Additional requirements or changes may be required when building applications or plans
are reviewed by the Weld County Building Inspection Department or the Fire District. (Weld
County Building Inspections)
RESOLUTION, AmUSR-1144
Podtburg Dairy
Page 5
G. The applicant shall attempt to address the concerns of the Windsor/Severance Fire
Protection District,as outlined in a letter dated September 25,2000. Evidence of such shall
be provided to the Department of Planning Services. (Windsor/Severance Fire Protection
District)
H. The applicant shall attempt to address the concerns of the City of Greeley, as outlined in
a letter dated October 10, 2000. Evidence of such shall be provided to the Department of
Planning Services. (City of Greeley)
Effective December 1, 1999, Building Permits issued on this property may be required to
adhere to the fee structure of the W ndsor Service Area Road Impact Program. (Ordinance
210)
4. 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)
Motion seconded by Arlan Marrs.
VOTE:
For Passage Against Passage Absent
Gristle Nicklas Fred Walker
Arlan Marrs Bryant Gimlin
John Folsom
Michael Miller
Jack Epple
Stephen Mokray
Cathy Clamp
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, Trisha Swanson, 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 November 21, 2000.
Dated the 21s1 of November, 2000.
Trisha Swanson
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Richard and Phyllis Podtburg, do AgPro
AmUSR-1144
1. A Site Specific Development Plan and a Special Review Permit 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(3,000 Head Dairy)
in the Agricultural Zone District, as indicated in the application materials on file in the Department
of Planning Services 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 90 of the Weld County
Zoning Ordinance, as amended. (Department of Planning Services)
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. (Department of Public Health and Environment)
4. All liquid and solid waste shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
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. (Department of Public Health
and Environment)
6. The facility shall maintain compliance with Confined Animal Feeding Operations Control Regulations
(5 CCR 1002-19) and, Section 47 of the Weld County Zoning Ordinance. (Department of Public
Health and Environment)
7. This facility shall adhere to the maximum permissible noise levels allowed in the Light Industrial
Zone as delineated in 25-12-103 C.R.S., as amended. (Department of Public Health and
Environment)
8. Any required NPDES Permit shall be maintained in compliance with the Water Quality Control
Division of the Colorado Department of Public Health&Environment. (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 Confined Animal Feeding Operations Control Regulations.
(Department of Public Health and Environment)
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. (Department of Public Health and Environment)
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 Confined Animal
Feeding Operations Control Regulation (5 CCR 1002-19). (Department of Public Health and
Environment)
12. The facility shall be operated in accordance with the approved odor abatement plan. 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 meet or exceed the level of fifteen-to-one
dilution threshold, as measured pursuant to Regulation 2 of the Colorado Air Pollution Control
Regulations, or in the judgement of the Weld County Health Officer, there exists an odor condition
requiring abatement. (Department of Public Health and Environment)
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. (Department of Public Health and Environment)
14. The facility shall be operated in a manner to control flies. At all times, the facility shall be operated
in accordance 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 and Environment)
15. Any septic system located on the property must comply with all provisions of the Weld County
Individual Sewage Disposal System Regulations. (Department of Public Health and 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. 1 of the Colorado Air Quality Control Commission
Regulations. (Department of Public Health and Environment)
17. The facility shall be operated in accordance with the approved manure and waste water
management plan. (Department of Public Health and Environment)
18. 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. (Department of Planning Services)
19. All construction on the property shall be in accordance with the requirements of the Weld County
Building Code Ordinance, as amended. (Weld County Building Inspections)
20. Effective December 1, 1999, Building Permits issued on the property may be required to adhere to
the fee structure of the Windsor Service Area Road Impact Program. (Ordinance 210) (Department
of Planning Services)
21. If the additional traffic generated by the dairy exceeds two hundred (200)vehicles per day on Weld
County Road 66, the applicant shall be responsible for dust abatement in front of the facility from
the entrance to Weld County Road 25.75. (Department of Public Works)
22. The property owner or operator shall be responsible for complying with the Design Standards of
Section 24.5 of the Weld County Zoning Ordinance. (Department of Planning Services)
23. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 24.6 of the Weld County Zoning Ordinance. (Department of Planning Services)
24. 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.
25. 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.
26. 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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