HomeMy WebLinkAbout20010895.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY
SPECIAL REVIEW PERMIT#1140 FOR AN AGRICULTURAL SERVICE
ESTABLISHMENT AND LIVESTOCK CONFINEMENT OPERATION (DAIRY
EXPANSION TO 4,000 HEAD WITH FOUR ACCESSORY TO FARM MOBILE HOMES)
IN THE A(AGRICULTURAL) ZONE DISTRICT - MORIAH HOLSTEINS, LLC, C/O
MARCY DANIELS-GRUBER
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 25th day
of April, 2001, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Moriah Holsteins, LLC, do Marcy Daniels-Gruber, 25562 Weld
County Road 46, Kersey, Colorado 80644, for a Site Specific Development Plan and Amended
Use by Special Review Permit#1140 for an Agricultural Service Establishment and Livestock
Confinement Operation (dairy expansion to 4,000 head with four accessory to farm mobile
homes) in the A (Agricultural) Zone District on the following described real estate, to-wit:
Part of the NE1/4 of Section 17, Township 4 North,
Range 64 West of the 6th P.M., Weld County,
Colorado
WHEREAS, said applicant was represented by Marcy Daniels-Gruber at said hearing,
and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review
of said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendations of
the Weld County Planning Commission and all of the exhibits and evidence presented in this
matter and, having been fully informed, finds that this request shall be approved for the
following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
a. Section 23-2-230.6.1 --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 "irrigated land, not
prime". A.Policy 1 states, "Agricultural zoning will be established and
(� (� Fl 2001-0895
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AMENDED SPECIAL REVIEW PERMIT#1140 - MORIAH HOLSTEINS, LLC, CIO MARCY
DANIELS-GRUBER
PAGE 2
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 23-2-230.B.2—The proposal is consistent with the intent of the A
(Agricultural) Zone District. The property is zoned Agricultural and
Section 23-3-40.6.16 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
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. On March 26, 1997,
the Board of County Commissioners approved a Site Specific
Development Plan and Use by Special Review Permit#1140 for a
1,500-head dairy. The Board determined that the use was compatible
with existing, surrounding land uses at that time. Surrounding land uses
include other farming operations including a commercial turkey farm and
three residential homes in a rural location. The expansion of the dairy to
4,000 head will remain compatible with existing surrounding land uses.
The Conditions of Approval and Development Standards will ensure the
health, safety and welfare of the citizens of Weld County.
d. Section 23-2-230.B.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 adopted master plans of affected
municipalities. The proposed expansion is not within a three-mile referral
area of any municipality.
e. Section 23-2-230.6.5—This proposal does not lie within any Overlay
Districts.
f. Section 23-2-230.B.6 —The applicant has demonstrated a diligent effort
to conserve prime agricultural land in the locational decision for the
proposed use. The property is not indicated as having prime soils, as
stated previously, and the use of a dairy has occurred on the property as
a Use by Special Review since 1997.
g. Section 23-2-230.B.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.
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AMENDED SPECIAL REVIEW PERMIT#1140 - MORIAH HOLSTEINS, LLC, C/O MARCY
DANIELS-GRUBER
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h. Section 23-4-710 --The applicant shall 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 Moriah Holsteins, LLC, Go Marcy Daniels-
Gruber for a Site Specific Development Plan and Amended Use by Special Review Permit
#1140 for an Agricultural Service Establishment and Livestock Confinement Operation (dairy
expansion to 4,000 head with four accessory to farm mobile homes) 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 180 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
4,000-head dairy, to the Weld County Department of Public Health and
Environment for review and approval. A copy of the plan and evidence of
approval by the Weld County Department of Public Health and
Environment 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 prepared by and/or reviewed by a professional
engineer registered in Colorado.
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 Control Regulations. This
shall be prepared and/or reviewed by a professional engineer
registered in Colorado.
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.
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AMENDED SPECIAL REVIEW PERMIT#1140 - MORIAH HOLSTEINS, LLC, C/O MARCY
DANIELS-GRUBER
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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, dispose,
and/or land apply manure and waste water at agronomic rates in
accordance with the CAFO Control Regulations.
6) Demonstration that adequate measures are in place to prevent
any discharges except those which are allowed by the CAFO
Control Regulations.
7) Other necessary measures which are required in order to comply
with the CAFO Control Regulations.
8) A description of the types of records that will be maintained by the
facility, as required by the CAFO Control Regulations.
B. In accordance with the CAFO Control Regulations, the applicant shall
submit the facility's Manure and Waste Water Management Plan to the
Colorado Department of Public Health and Environment for review and
comment. A copy of the plan and evidence of approval by the Colorado
Department of Public Health and Environment shall be submitted to the
Department of Planning Services.
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 and evidence of approval by the Weld County
Department of Public Health and Environment shall be submitted to the
Department of Planning Services.
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 and evidence of approval by the Weld County Department of Public
Health and Environment shall be submitted to the Department of
Planning Services.
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 and evidence of approval by the Weld County Department of Public
Health and Environment shall be submitted to the Department of
Planning Services.
F. The secondary access point from an oil and tank battery, located at the
east end of the facility, shall be closed. The main access point shall be
utilized for all access to the dairy, including employee housing, with no
additional accesses granted.
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AMENDED SPECIAL REVIEW PERMIT#1140 - MORIAH HOLSTEINS, LLC, CIO MARCY
DANIELS-GRUBER
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G. The applicant shall address the requirements of Platte Valley School
District RE-7 as stated in the referral response received January 23,
2001. Evidence of such shall be submitted in writing to the Weld County
Department of Planning Services.
H. The facility shall demonstrate compliance with Section 23-4-710 of the
Weld County Code.
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.
2) Show manure compost area.
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.
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. All metal structures or metal parts of structures
where animals are present shall be bonded and grounded as required by
Articles 547 and 250 of the NEC.
D. All manufactured homes/mobile homes shall have building permits.
E. 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.
F. Chemicals or petroleum products shall not be stored inside buildings
unless such buildings meet the applicable requirements found in the 1997
Uniform Building Code. Outside storage shall meet the restrictions of the
1997 Uniform Fire Code and the NEC.
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.
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AMENDED SPECIAL REVIEW PERMIT#1140 - MORIAH HOLSTEINS, LLC, CIO MARCY
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 25th day of April, A.D., 2001.
a : WELD Ci OF NTY, COLORADO
COUNTY COMMISSIONERS
ATTEST:Medi Q/ tJ
O% . Geile, Chair
Weld County Clerk to the Bit rd %;;,;:6 �l O/
i
i ' Vie?vio e lenn Vaad, ro-Te
BY: ' #i,i,. %._���
Deputy Clerk to the Board 't —7
Willi . Jerke
AP O DASTO M: m �
vid . Lon
ou ty Altorn
R bert D. Masden
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SITE SPECIFIC DEVELOPMENT PLAN
AMENDED USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
MORIAH HOLSTEINS, LLC, C/O MARCY DANIELS-GRUBER
AMUSR#1140
1. A Site Specific Development Plan and Amended Use by Special Review Permit#1140 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 (the expansion of an existing dairy and animal confinement
operation for a 4,000-head dairy with four accessory to the farm mobile homes) 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 CAFO Control Regulations(5 CCR 1002-19)and
Section 23-4-710 of the Weld County Code.
7. The facility shall adhere to the maximum permissible noise levels allowed in the 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. 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.
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 Regulation (5 CCR 1002-19).
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DEVELOPMENT STANDARDS - MORIAH HOLSTEINS, LLC, C/O MARCY DANIELS-
GRUBER (AMUSR#1140)
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 a 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.
13. A spillage retention berm shall be required around any fuel container with a volume greater
than 50 gallons. The volume retained by the spillage berm should be greater than the
volume of the largest tank inside the berm.
14. The facility shall be operated in a manner to control flies. The facility shall be operated in
accordance, 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 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 "agricultural open
burning" as defined 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. If the total traffic on Weld County Road 46 exceeds the 200 vehicles per day due to the
expansion of the dairy, the applicant shall supply adequate dust control on Weld County
Road 46 adjacent to the dairy.
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.
20. All construction on the property shall be in accordance with the requirements of Chapter 19
of the Weld County Code.
21. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
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GRUBER (AMUSR#1140)
PAGE 3
22. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
23. 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.
24. 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.
25. 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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