HomeMy WebLinkAbout20012362 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Arlan Marrs that the following resolution, with a change to Condition of Approval 2.B., 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: USR-1340
PLANNER: Lauren Light
APPLICANT: Raymond, Debra and Lupe Carpio/Horizon-Vue Dairy
27503 Weld County Road 57
Gill, CO 80624
REQUEST: 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 (the expansion of an existing dairy to 2,000 head) in the Agricultural Zone
District.
LEGAL DESCRIPTION: E2SE4 of Section 22, Township 6 North, Range 64 West of the 6th P.M.,
Weld County, Colorado.
LOCATION: West of and adjacent to Weld County Road 57 and north of and adjacent to Weld County
Road 66.
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 ordinances in effect. A.Goal 1 states, "Preserve prime
farmland for agricultural purposes which foster the economic health and continuance of
agricultural." The U.S.D.A.Soil Conservation Map indicates that the property is"prime and
irrigated land, not prime". A. Policy 1 states "Agricultural zoning will be established and
maintained to protect and promote the County's agricultural 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 23-2-220.A.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 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. The dairy has been in operation since early 1960 and is considered
a non-conforming use for the existing number of cattle. The surrounding land uses consist
of farming operations to the north, south and east and a rural residence to the west. The
expansion of the dairy will remain compatible with the existing adjacent land uses.
3 EXHIBIT
2001-2362 TB
use *1846
RESOLUTION, USR-1340
HorizonNue Dairy
Page 2
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 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 proposed expansion is not within a three mile referral area of any
municipality.
e. Section 23-2-220.A.5 --The site does not lie within any Overlay Districts.
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 dairy has been in
existence for over thirty years and the expansion will not take a significant amount of prime
farm ground out of production. Due to the constraints of both the irrigation ditch and the
County road the proposed expansion location will not affect prime farm ground.
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.
H. Section 23-4-710 -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 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 180 days of approval by the Board of County Commissioners.(Department
of Planning Services)
2. Prior to recording the plat:
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 2,000 head
dairy, to the Weld County Department of Public Health and Environment for review and approval.
A copy of the plan shall be submitted to the Department of Planning Services. Evidence of Health
Department approval of the plan shall be submitted 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.
(Department of Public Health and Environment)
RESOLUTION, USR-1340
HorizonNue Dairy
Page 3
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 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, dispose, 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. A copy of the plan shall be submitted to the Department of Planning
Services. Evidence of the State Health Department's review of the plan shall be submitted
to the Department of Planning Services. (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. A copy of the plan shall be submitted to the
Department of Planning Services. Evidence of Health Department approval of the plan
shall be submitted to the Department of Planning Services. (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. A copy of the plan shall be submitted to the
Department of Planning Services. Evidence of Health Department approval of the plan
shall be submitted to the Department of Planning Services. (Department of Public Health
and Environment)
E. An Odor Control Plan shall be submitted to the Weld County Department of Public Health
and Environment for review and approval. A copy of the plan shall be submitted to the
Department of Planning Services. Evidence of Health Department approval of the plan
shall be submitted to the Department of Planning Services. (Department of Public Health
and Environment)
RESOLUTION, USR-1340
HorizonNue Dairy
Page 4
F. All septic systems located on the property shall have appropriate permits from the Weld
County Department of Public Health & Environment. The Environmental Health Division
of the Weld County Department of Public Health & Environment was unable to locate a
septic permit for any of the existing septic systems (serving either home or the milking
parlor)located on the property. Any existing septic system which is not currently permitted
through the Weld County Department of Public Health & Environment will require an
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. (Department of Public Health and Environment)
G. The applicant shall address the recommendation of the State Water Engineer as stated in
the referral response received June 15, 2001. Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services. (Department of Planning
Services)
H. Conform to Section 23-2-260.D of the Weld County Code. (Department of Planning
Services)
3. Prior to release construction:
A. Building permit and review are required for any additions or remodel of the milk barn
parlor. (Weld County Building Inspection)
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 Bryant Gimlin.
VOTE:
For Passage Against Passage
Cristie Nicklas
Arlan Marrs
Bryant Gimlin
Jack Epple
John Folsom
Fred Walker
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, Wendi Inloes, 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 July 17, 2001.
D teq, d the 17t of July, 2001.
Wendi Inlo s
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
HORIZON-VUE DAIRY/RAYMOND, DEBRA AND LUPE CARPIO
USR-1340
1. The Site Specific Development Plan and Special Use Permit 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 (dairy expansion
to 2,000 head) 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. 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 23-4-710 of the Weld County Code. (Department of Public Health
and Environment)
7. The facility shall adhere to the maximum permissible noise levels allowed in the Light Industrial
Zone as delineated in Section 25-12-103 C.R.S. (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. Wastes 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. 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 odor levels detected off site of the facility 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)
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. 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 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. Off-site parking adjacent to WCR 57 or WCR 66 is not allowed. Utilize on-site parking only.
(Department of Public Works)
19. All feed alleys shall be graded and surfaced with gravel to prevent drainage problems. (Department
of Public Works)
20. 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)
21. All construction on the property shall be in accordance with the requirements of Chapter 29 of the
Weld County Code. (Weld County Building Inspection)
22. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
23. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250,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 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.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
July 17, 2001
Page 4
3. Due to the enormous Planning Commission case load on August 7, 2001, and to give the referral
agencies adequate time to review the new information, the Department of Planning Services is
requesting a continuance of this case until August 21, 2001.
The Chair asked if there was anyone in the audience who wished to speak for or against the continuance.
No one wished to speak.
Fred Walker moved that Case Z-543, be continued to the August 21, 2001, hearing date. John Folsom
seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom,yes; Arlan Marrs,yes; Jack Epple,yes; Bryant Gimlin,yes;Cristie Nicklas,yes; Fred Walker,yes.
Motion carried unanimously.
CASE NUMBER: USR-1340
APPLICANT: Raymond, Debra, and Lupe Carpio/Horizon-Vue Dairy, c/o AgPro Services.
PLANNER: Lauren Light
REQUEST: Site Specific Development Plan and Use by 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 (the expansion of an existing dairy and animal confinement operation for a
2,000 head dairy) in the Agricultural Zone District.
LEGAL DESCRIPTION: E2SE4 of Section 22,T6N, R64W of the 6th P.M.,Weld County, Colorado.
LOCATION: West of and adjacent to WCR 57; north of and adjacent to WCR 66.
Lauren Light, Department of Planning Services, presented Case USR-1340, reading the recommendation
and comments into the record. The Department of Planning Services is recommending approval of the
application, along with the Conditions of Approval and Development Standards.
Ray Carpio, applicant, stated that the dairy has been in the family for 40 years, and they are just wanting
to maintain their future and expand a little to keep up with the growing times of the dairy industry.
Bryant Gimlin asked how many head of milking cows and total head on the property. Mr. Carpio said they
are milking 200 and have about 300-350 heifers.
John Folsom asked if he had any additional employees besides the family that live on the site. Mr. Carpio
said they only have the one family that live on the site, and a total of eight employees.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Tom Haren,representative,stated that he is in agreement with the Conditions of Approval and Development
Standards, with the exception of 2.B., and requested changing of the word approval to review.
Char Davis, Department of Public Health, said she was in agreement with the change.
Fred Walker asked Mr.Haren about Condition 2.A.(7),and if Mr.Haren had any problems with this condition.
Mr. Haren said he did not foresee any problems with this condition.
Arlan Marrs moved that Case USR-1340, be forwarded to the Board of County Commissioners along with
the amendments to the Conditions of Approval and the Development Standards with the Planning
Commissions recommendation of approval. Bryant Gimlin seconded the motion.
Y EXHIBIT
u.st#V3VO
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
July 17, 2001
Page 5
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom,yes; Arlan Marrs,yes; Jack Epple,yes; Bryant Gimlin,yes;Cristie Nicklas,yes;Fred Walker,yes.
Motion carried unanimously.
CASE NUMBER: 2nd AMUSR-488
APPLICANT: Mobile Premix Concrete, Inc.
PLANNER: Sheri Lockman
REQUEST: A Site Specific Development Plan and a Special Review Permit for a Mineral Resource
Development Facility (Open Pit Mining and Materials Processing along with an Asphalt
Mixing Plant) in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: Part S2 Section 16 and the N2 Section 21, T2N, R68W of the 6th P.M.,
Weld County, Colorado.
LOCATION: West of WCR 7 and south of and adjacent to WCR 20 '/z.
Sheri Lockman, Department of Planning Services, presented Case 2n° AmUSR-488, reading the
recommendation and comments into the record. The Department of Planning Services is recommending
approval of the application along with the amendments to the Conditions of Approval and Development
Standards.
Julie Goettemoeller, representative,added that the site has been permitted as a gravel site since the early
1980's,and they are here today due to substantial changes occurring on the site. Ms.Goettemoeller stated
that most of the Conditions and Standards they are agreeable to, with exception of the time frame set on
some of the conditions, as they would like to get their scale house in as soon as possible. Their main issue
is with the traffic study being required by Public Works. They are willing to put accel/decel lanes in right
now,but to do a new traffic study would be an additional six to eight weeks. The requirement on the study
for the preble jumping mouse, a study has been done by their consultants, but have heard that there could
be problems getting a report back from the Fish and Wildlife services, as it is not a high priority issue.
John Folsom asked about the letter of concern they received regarding the WCR 5 haul route,and what is
the permitted haul routes. Ms.Goettemoeller explained that this letter refers to an asphalt plant located on
a separate parcel and different special use permit. The issues are that the trucks for this site are supposed
to go right onto WCR 5 instead of left, and that they are contracted trucks. They are aware of this problem
and are addressing the issue, but have not had a resolution as of today.
John Folsom asked Mr. Morrison what the operators responsibility is for independent contractors. Mr.
Morrison explained that they are responsible for the contractors to meet the terms of the permit, and by
agreement they do not have to let someone use the haul route is they do not abide by the rules. The result
is that the company bears the brunt of the violation. The County does have the remedy to pull the permit.
Cristie Nicklas asked what the life of the pit it. Ms. Goettemoeller said 10-15 years, depending on the
market.
John Folsom asked when it will be determined where the asphalt plant is located. Ms. Goettemoeller said
it should be in the next three years. Mr. Morrison said if the plant is approved through this permit,there will
be no additional hearings, otherwise they will need to go through an amendment.
Don Carroll, Public Works, commented on the haul routes and the traffic study, and would like to get Ms.
Goettemoeller in touch with Diane Houghtaling, Traffic Engineer for Public Works, to discuss the traffic
study. Mr. Carroll said he knows that traffic studies are taking time right now, and they will do their best to
speed up the process. They are asking for accel/decel lanes at WCR 20-1/2, since this is a new access for
the haul route.
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