HomeMy WebLinkAbout20012540.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
CORRECTED RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bryant Gimlin,with the addition of Condition of Approval #2 D (12), 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 for:
Planner: Julie A. Chester
Case Number: USR-1349
Applicant: Robert and Diane Tateyama
39713 WCR 43
Ault, CO 80610
Representative: Ag Pro Environmental Services LLC
4311 Highway 66, Suite 4
Longmont, CO 80504
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 and animal
confinement operation for a 2675 head dairy with one additional accessory to the
farm mobile home) in the Agricultural Zone District
Legal Description: Part of the E2 of Section 16, T7N, R65W of the 6th P.M., Weld County, Colorado
Location: South of and adjacent to State Highway 14,West of and adjacent to Weld County
Road 43
be recommended favorably to the Board of County Commissioners forthefollowing
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 23-2-220A.1 -- That the proposal is consistent with Chapter 22 and any other
applicable code provisions and ordinances in effect. A.Goal 1 states, "Preserve prime
farmland for agricultural purposes which foster the economic health and continuance of
agriculture." The U.S.D.A. Soil Conservation Map indicates that the property is "Prime".
The dairy has existed on this property since 1976 and is located generally on the north
portion of the property. The additional pens, lagoons, silage areas, commodities building
and hay storage area are proposed adjacent to and east of the existing dairy facility. Very
little farming area will be taken out of production with this proposal. Policy 1 states,
"Agricultural zoning will be established and maintained to protect and promote the County's
agricultural industry."
b. Section 23-2-220.A.2 --The proposal is consistent with the intent of the (A)Agricultural
Zone District. The property is zoned Agricultural and Section 23-3-40.B.16 states that
Agricultural Service Establishments primarily engaged in performing agricultural, animal
EXHIBIT
2001-2540 r-P
RESOLUTION, USR-1349
Robert and Diane Tateyama
Page 2
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 23-2-220.A.3 -- The uses which would be permitted will be compatible with the
existing surrounding land uses. SUP-302 was approved by the Board of County
Commissioners on July 12, 1976 for a Site Specific Development Plan and Special Review
Permit for the expansion of an existing dairy to 500 head of dairy cattle. The Board
determined that the use was compatible with existing, surrounding land uses, at that time.
Surrounding land uses are primarily farming operations and residential homes, in a rural
location. The expansion of the dairy to 2675 head will remain compatible with existing
surrounding land uses.
Conditions of Approval and Development Standards will ensure the health, safety and
welfare of the citizens of Weld County.
d. Section 23-2-220.A.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. The proposed expansion is within the three mile referral area of the Towns
of Ault and Eaton. Referrals were returned to the Department of Planning Services by both
towns, indicating no conflicts with their interests.
e. Section 23-2-220.A.5--A portion of this proposal lies within the Flood Hazard Development
Overlay District,as shown on F.I.R.M.Community panel map number080266-0480C,dated
September 28, 1982. A Flood Hazard Development Permit will be required as a Condition
of Approval for any development/construction within the flood plain.
f. Section 23-2-220.A.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. The property is designated as having prime
soils,as stated previously and the use of a dairy has occurred on the property as a Special
Use since 1976. The applicant has made an effort to locate the expansion of the dairy
within a confined area in the northeast portion of the property, adjacent to the existing
facilities. A large portion of the site is still available for agricultural farming practices.
g. Section 23-2-220.A.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 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 Commissions 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
RESOLUTION, USR-1349
Robert and Diane Tateyama
Page 3
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 applicant shall provide additional information to the Department of Planning Services
regarding the ability of the North Weld County Water District to supply sufficient water for
all of the dairy needs or show an adequate water supply from the current wells. (Colorado
Division of Water Resources)
B. The applicant shall provide a copy of the Colorado Department of Transportation (CDOT)
access permit and written evidence addressing any other concerns that CDOT may have
regarding the proposed expansion. (Department of Public Works, CDOT)
C. The applicant shall attempt to address the concerns of the West Greeley Soil Conservation
District, as stated in the referral response received July 5, 2001. Evidence of such shall
be submitted in writing to the Weld County Department of Planning Services. (West
Greeley Soil Conservation District, Department of Planning Services)
D. 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 2,675 head dairy, to the Weld County Department of Public Health and Environment
for review and approval. 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)
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)
RESOLUTION, USR-1349
Robert and Diane Tateyama
Page 4
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)
9. Evidence that all manure storage areas and wastewater storage and retention
facilities that are located in the flood plain are adequately flood proofed to prevent
inundation or removal during storm events up to and including a 100-year event.
This shall be conducted by a Registered Professional Engineer. (Department of
Public Health and Environment)
10. Evidence that no cattle have direct access to Waters of the State, except access
that is allowed by the CAFO Regulations. (Department of Public Health and
Environment)
11. Evidence that stormwater runoff from corrals#5, #6, and #7, is captured, stored,
and disposed in accordance with the CAFO Regulations. (Department of Public
Health and Environment)
12. Applicant shall submit a letter to Department of Planning Services requesting the
vacation of SUP 302.
E. 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)
F. A dust abatement plan shall be submitted to the Weld County Department of Public Health
and Environment for review and approval. Evidence of Health Department approval of the
plan shall be submitted to the Department of Planning Services. (Department of Public
Health and Environment)
G. A fly control plan shall be submitted to the Weld County Department of Public Health and
Environment for review and approval. Evidence of Health Department approval of the plan
shall be submitted to the Department of Planning Services. (Department of Public Health
and Environment)
H. An odor control plan shall be submitted to the Weld County Department of Public Health
and Environment for review and approval. Evidence of Health Department approval of the
plan shall be submitted to the Department of Planning Services. (Department of Public
Health and Environment)
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 the septic system serving the existing home on the property. Any existing
RESOLUTION, USR-1349
Robert and Diane Tateyama
Page 5
septic system(s)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(s). In the event the system(s) is found to be inadequate, the
system(s)must be brought into compliance with current I.S.D.S. regulations. (Department
of Public Health and Environment)
J. The facility shall demonstrate compliance with Section 23-4-710 of the Weld County Code.
(Department of Planning Services, Department of Public Health and Environment)
K. 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. The applicant shall reserve an additional ten feet of future right-of-way adjacent to
this property which borders Weld County Road 43 for future build out. (Department
of Public Works)
3. The manure storage area. (Department of Planning Services)
4. The exact Special Review permit boundary and all irrigation ditches with legend.
(Department of Planning Services)
5. The location of the accessory to the farm mobile home and calf huts. (Department
of Planning Services)
3. Prior to any construction:
A. A Flood Hazard Development Permit is required for any building sites, developments and
structures, as defined in Section 23-1-90, prior to construction or development within the
flood plain. (Department of Planning Services)
B. Building permits for buildings such as the commodity shed, shade structures, stall barns
and mobile homes shall be obtained prior to any construction. Building permits will not be
required for corrals or similar structures. Check with the Building Inspection Department
to determine if a permit is required for any particular structure. (Building Inspection)
C. A plan review may be required for each building. Plans shall bear the wet stamp of a
Colorado Registered Architect or Engineer. Two complete sets of plans are required when
applying for a permit. (Building Inspection)
D. Building shall conform to the requirements of the 1997 Uniform Building Code, 1998
International Mechanical Code,1997 International Plumbing Code,1999 National Electrical
Code and Chapter 29 of the Weld County Code. (Building Inspection)
E. Each building will require an engineered foundation based on a site-specific geotechnical
report or an open hole inspection performed by a Colorado Registered Engineer.
Engineered foundations shall be designed by a Colorado Registered Engineer. (Building
Inspection)
RESOLUTION, USR-1349
Robert and Diane Tateyama
Page 6
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 Stephan Mokray.
VOTE:
For Passage Against Passage
Michael Miller
Bryant Gimlin
John Folsom
Fred Walker
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,Voneen Macklin, 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 August 7 , 2001.
Dated the 7`h of August, 2001.
Voneen Macklin
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Robert and Diane Tateyama
USR-1349
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(the expansion of
an existing dairy and animal confinement operation for a 2675 head dairy with one additional
accessory to the farm mobile home)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 Article VIII 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 the Weld County Code, as amended. (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, as amended. (Department of Public Health and
Environment)
8. Any required CDPS 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)
RESOLUTION, USR-1349
Robert and Diane Tateyama
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 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. No cattle shall have direct access to Waters of the State except access that is allowed per the
Confined Animal Feeding Operations Control Regulation(5 CCR 1002-19). (Department of Public
Health and Environment)
19. 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)
20. Should noxious weeds exist on the property or become established as a result of the proposed
development the applicant/landowner shall be responsible for controlling the noxious weeds,
pursuant to Chapter 15, Articles I and II of the Weld County Code. (Department's of Planning
Services and Public Works)
21. All construction on the property shall be in accordance with the requirements of Chapter 29 of the
Weld County Code. (Weld County Building Inspections)
22. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240 of the Weld County Code. (Department of Planning Services)
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. (Department of Planning Services)
RESOLUTION, USR-1349
Robert and Diane Tateyama
Page 3
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 Weld County Planning Commission Meeting
Tuesday, August 7, 2001
Page 12
fact that the Subdivision is completed. Ms. Chester requested Planning staff be included in the meeting.
Fred Walker,asked for clarification on the Road Improvements Agreement. Road Improvements Agreements
apply to road impacts that happen in the future. This case seems to address impacts from the past.
Julie Chester, provided some clarification on the issue of additional truck traffic and stated that there will be
no additional traffic on WCR 3 1/4 or 16 1/2.
Duane Bolick,provided some insight on the neighborhood meetings that were done and what was addressed.
They have discussed with the neighbors and with Don Carroll what will be done to mitigate and improve the
road once the mining process is finished. They will do what is necessary to bring the road up to a useable
condition.
Julie Chester read the proposed language for Condition of Approval #2B: The applicant shall submit to the
Weld County Department of Planning services documentation showing the reattachment of the mineral rights
to Mike and Virginia Shaw located in the south half of the SW4, NE4 of the SE4 the SW4 of the SE4 of Section
20, Township 2N R68 W S2 of the NE4 of Section 29.)
Cathy Clamp, stated that she would like to see the addition of the gravel rights be added to the conditions of
approval.
Duane Bolick stated that he would like to make a couple changes and clarification to the development
standards. Staff recommendation 2A which,discusses the agreement between Oil&Gas Mineral right owners.
They are requesting that this requirement be met prior to the Commissioners Hearing. The reason is that there
is good progress on the agreements, but is not yet completed.
Julie Chester, provided clarification as to why a condition is requested prior to the scheduling of Board of
County Commissioners Hearing. This enables less confusion, conflict with scheduling and continuances.
Duane Bolick,stated that the second item is Condition of Approval number 4A addressing the Individual Sewer
Disposal System be required for the facility. There will be no fixed offices,there will just be the mining activity.
Mr. Bolick also has a conflict with number 16, portable toilets in temporary locations and is asking that 4A be
stricken
Bryant Gimlin moved that changes be made to 2 to reflect 10 days prior to the Board of County Commissioners
Hearing and delete 4 both A and B. Stephen Mokray seconded the motion. Motion carried unanimously.
Bryant Gimlin moved that Case USR- 1346, be forwarded to the Board of County Commissioners along with
the Conditions of Approval and Development Standards with the Planning Commissions recommendation of
approval. Stephan Mokray seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, excused; Stephan Mokray, yes; Cathy Clamp,yes; Fred Walker, yes; Bryant Gimlin,yes; Michael
Miller, yes. Motion carried
CASE NUMBER: USR-1349
APPLICANT: Robert& Diane Tateyama
PLANNER: Julie Chester SINS
LEGAL DESCRIPTION: Pt. E2 of Sect. 16, T7N, R65W of the 6th P.M., Weld County, Colorado.
REQUEST: A Site Specific Development Plan and a Special Review Permit for an Agricultural Service t,
Establishment primarily engaged in performing agricultural, animal husbandry, or horticultural services on a
fee or contract basis, including Livestock Confinement Operations (a dairy of 2675 head of cattle, with one m
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Summary of Weld County Planning Commission Meeting
Tuesday, August 7, 2001
Page 13
additional mobile home accessory to the farm) in the Agricultural Zone District.
LOCATION: South of & adjacent to State Hwy 14,west of&adjacent to WCR 43.
artment of Planning Services is recommending approval of the application,ca
Julie Chester,Department of Planning Services,presented Case USR-1349,reading the recommendation and
omments in the record. The D and Development Standards.
along with the Conditions of Approval
Tom Haren,representative,have no formal presentation but will be available for questions.It was also stated
that this is an expansion to an existing dairy.
Bryant Gimlin asked what the water issues were and if they can work them out and asked about the well
water or other sources. plain map to some
led the ant are with to address to some
Tom Haren, stated that the water issue could be worked out and used the flood
ess
of those water issues and flood elevations. Mr. Haren and the app
some of the concerns in regards to flood elevation and are confident that flood waters will not flow through
the center of the project because of the berm. They will continue working with FEMA.
Mike Miller, questioned what has happened with past flooding.
Bob Tateyama addressed the flood issues and stated that it typically stays on the northeastern portion of the
farm.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Julie Chester,requested something in writing from North Weld to address the water issues and would also like
roval 2412-to vacate the SUP and renumber therest
of the conditions
The applicant
s add usubmitacondition et of app Department of Planning Services requesting
vacation of SUP shall a letter to the
roval and Development Standards with the Planning Commissions recommendation of
Bryant Gimlin moved that Case USR 1349, be forwarded to the Board of County Commissioners along with
the Conditions of App
approval. Stephen Mokray seconded the motion. Commission for their decision. John
to poll the memberses f the
edpl Walker,yes; Bryant forin, i Michael John
The Chair ; S asked the secretary yes; Cathy Clamp,y
Folsom,yes; Stephan Mokray,
yes. Motion carried unanimously.
Meeting adjourned at 5:40 p.m.
Respectfully submitted
inot
Voneen Macklin
Secretary
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