HomeMy WebLinkAbout20003151.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY
SPECIAL REVIEW PERMIT#1144 FOR AN AGRICULTURAL SERVICE
ESTABLISHMENT AND LIVESTOCK CONFINEMENT OPERATION (3,000-HEAD
DAIRY) IN THE A (AGRICULTURAL) ZONE DISTRICT - RICHARD AND PHYLLIS
PODTBURG
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 10th day
of January, 2001, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Richard and Phyllis Podtburg, c/o AgPro Environmental Services,
LLC, 4311 Highway 66, Suite 4, Longmont, Colorado 80504, for a Site Specific Development
Plan and Amended Use by Special Review Permit#1144 for an Agricultural Service
Establishment and Livestock Confinement Operation (3,000-head dairy) in the A (Agricultural)
Zone District on the following described real estate, to-wit:
Part of the W1/2 of the SE1/4 of Section 19,
Township 6 North, Range 66 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, said applicant was represented by Thomas Haren, AgPro Environmental
Services, LLC, at said hearing, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review
of said 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 proposal is consistent with Chapter 22 of the
Weld County Code and any other applicable code provisions or
ordinances in effect. Pursuant to A.Goal 1, 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. In accordance with A.Policy 1, the proposal
will also benefit those commercial and industrial uses directly related to
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AMENDED SPECIAL REVIEW PERMIT#1144 - RICHARD AND PHYLLIS PODTBURG
PAGE 2
agriculture, as well as benefit the farmers in the area who will provide
feed and other products to the dairy.
b. Section 23-2-230-6.2 -- The proposal is consistent with the intent of the A
(Agricultural) Zone District. Section 23-3-40.B 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, to be permitted as a Use by
Special Review in the A (Agricultural) Zone District.
c. Section 23-2-230.B.3 --The uses which will 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. Use by Special Review Permit
#1144 was approved by the Board of County Commissioners on May 14,
1997, for a 2,000-head dairy. The Board determined that the use was
compatible with existing surrounding land uses, at that time. The
Conditions of Approval and Development Standards will ensure that any
incompatibilities will be mitigated.
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, any other applicable code
provisions or ordinances in effect, or adopted Comprehensive Plans or
Master Plans of affected municipalities. While some nearby areas are
becoming increasingly urban in use, it is in the interest of the County to
continue to foster agricultural growth in the A (Agricultural) Zone District,
consistent with its historical use and allowed under the Zone District. The
City of Greeley Planning Commission indicated in its 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 its
Comprehensive Plan, and its recommendation is for denial. A Condition
of Approval addresses the concerns of the City of Greeley. The Town of
Windsor commented that the proposal is consistent with its Land Use
Plan map and is recommending approval. Weld County does not have
Intergovernmental Agreements with the City of Greeley or the Town of
Windsor at this time.
e. Section 23-2-230.B.5 -- This proposal does lie within an Overlay District.
Effective December 1, 1999, Building Permits issued on this property
may be required to adhere to the fee structure of the Windsor Service
Area 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. As stated previously, this property is designated as
"prime" on the U.S.D.A. Soils Map. The site has been historically utilized
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AMENDED SPECIAL REVIEW PERMIT#1144 - RICHARD AND PHYLLIS PODTBURG
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for animal confinement and although some prime farmground will be
taken out of field production, agricultural uses will continue on this parcel.
g. Section 23-2-230.6.7 -- 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 23-4-450 -- The applicant will be required to comply with the
additional requirements of the Livestock Feeding Performance
Standards.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Richard and Phyllis Podtburg, do AgPro
Environmental Services, LLC, for a Site Specific Development Plan and Amended Use by
Special Review Permit#1144 for an Agricultural Service Establishment and Livestock
Confinement Operation (3,000-head dairy) 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 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.
2. Prior to recording the plat:
A. 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 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.
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.
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AMENDED SPECIAL REVIEW PERMIT#1144 - RICHARD AND PHYLLIS PODTBURG
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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.
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.
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.
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.
B. In accordance with the CAFO 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.
C. A Dust Abatement Plan shall be submitted to the Weld County
Department of Public Health and Environment for review and approval.
D. A Fly Control Plan shall be submitted to the Weld County Department of
Public Health and Environment for review and approval.
E. An Odor Control Plan shall be submitted to the Weld County Department
of Public Health and Environment for review and approval.
F. The facility shall demonstrate compliance with Section 23-4-450 of the
Weld County Code.
G. If any work associated with this project requires the placement of dredge
or fill material, or 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 takes place at this site, the Department of the Army should be
notified by a proponent of the project for proper permits or changes in
permit requirements pursuant to Section 404 of the Clean Water Act.
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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 a 200-foot radius of any
tank battery or other oil and gas equipment.
2) Weld County Road 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 feet of
right-of-way from the center line, adjacent to Weld County Road
25.75 to accommodate future build out. Any setbacks are based
off of future right-of-way requirements.
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 the Weld
County Department of Building Inspection before any construction is
started).
B. Electrical permits shall be obtained for site lighting, pumps, or other
equipment located at the dairy.
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.
D. All manufactured homes shall have building permits.
E. Complete drawings shall be submitted to the Windsor/Severance Fire
Protection District for review.
F. Additional requirements or changes may be required when building
applications or plans are reviewed by the Weld County Department of
Building Inspection or the Fire District.
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.
H. Effective December 1, 1999, Building Permits issued on this property
may be required to adhere to the fee structure of the Windsor Service
Area Road Impact Program.
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AMENDED SPECIAL REVIEW PERMIT#1144 - RICHARD AND PHYLLIS PODTBURG
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4. 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 10th day of January, A.D., 2001.
BOARD OF COUNTY COMMISSIONERS
��►����, WELD COU TY, COLORADO
ATTEST:
1mi 4 Bi M. J. eile, Ch it
Weld County Clerk to,t e
rT �� Glenn Vaad, Pro- m
BY: �/,�r. - ,al ,. ✓�/ 1K! i � - J
Deputy Clerk to the Bow I Y ,&t c
Wi ' m H. erke
APPR ED O FORM: e F
vi ng
unty tt?rney ��—
Robert D. Masden
2000-3151
PLI1144
SITE SPECIFIC DEVELOPMENT PLAN
AMENDED SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
RICHARD AND PHYLLIS PODTBURG
AMUSR#1144
1. A Site Specific Development Plan and Amended Use by Special Review Permit#1144 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 (3,000-head dairy) 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 waste 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 CAFO Control Regulations(5 CCR 1002-19)
and, Section 23-4-450 of the Weld County Code.
7. This 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).
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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.
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. 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, or 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 Individual Sewage Disposal System (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 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.
19. All construction on the property shall be in accordance with the requirements of Chapter 20
of the Weld County Code.
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.
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.
22. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-3-240 of the Weld County Code.
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23. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
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 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.
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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