HomeMy WebLinkAbout20010218 RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY
SPECIAL REVIEW PERMIT#820 FOR REDESIGN AND EXPANSION OF AN
AGRICULTURAL SERVICE ESTABLISHMENT AND LIVESTOCK CONFINEMENT
OPERATION (3,600-HEAD DAIRY) IN THE A (AGRICULTURAL) ZONE DISTRICT -
KERBS DAIRY/FIRST COMMERCIAL BANK
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 14th day
of February, 2001, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Kerbs Dairy/First Commercial Bank, 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#820 for Redesign and
Expansion of an Agricultural Service Establishment and Livestock Confinement
Operation (3,600-head dairy) in the A (Agricultural) Zone District on the following described real
estate, to-wit:
SW1/4 of Section 15, Township 6 North, Range 64
West of the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing on February 14, 2001, at the request of the applicants, the
Board deemed it advisable to continue this matter to March 28, 2001, at 10:00 a.m., and
WHEREAS, at said hearing on March 28, 2001, said applicants were represented by
Thomas Haren, AgPro Environmental Services, LLC, at said hearing, and
WHEREAS, Section 23-2-230.B of the Weld County Code provides standards for review
of said Amended 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 applicants 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 applicants have
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 and
any other applicable code provisions and ordinances in effect. In
accordance with A.Goal 1, the U.S.D.A. Soil Conservation Map indicates
that the property is "irrigated land, not prime." Consistent with the intent
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AMENDED SPECIAL REVIEW PERMIT#820 - KERBS DAIRY
PAGE 2
of A.Policy 1, 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, and is permitted as a Use by Special
Review in the Agricultural Zone District in accordance with Section 23-3-
40.6.16.
c. Section 23-2-230.6.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. Site Specific
Development Plan and Use by Special Review Permit#820 was
approved by the Board of County Commissioners on March 30, 1988, for
a 2,500-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 and several residential homes, in a
primarily rural location. The expansion of the dairy to 3,600 head will
remain compatible with existing surrounding land uses. The Conditions
of Approval and Development Standards will ensure that any
incompatibilities will be mitigated, and ensure the health, safety and
welfare of the citizens of Weld County.
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
the Comprehensive Plan or 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 23-2-230.6.6— The applicants have 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 1988.
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.
h. Section 23-4-710 --The applicants will comply with the additional
requirements of the Livestock Feeding Performance Standards.
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AMENDED SPECIAL REVIEW PERMIT#820 - KERBS DAIRY
PAGE 3
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Kerbs Dairy/First Commercial Bank, do AgPro
Environmental Services, LLC, for a Site Specific Development Plan and Amended Use by
Special Review Permit#820 for Redesign and Expansion of an Agricultural Service
Establishment and Livestock Confinement Operation (3,600-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 Amended Use by Special Review
Permit shall be adopted and placed on the Amended 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 3,600
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 runoff
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 Control Regulations. The
demonstration shall be conducted by a Colorado Registered
Professional Engineer.
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.
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AMENDED SPECIAL REVIEW PERMIT#820 - KERBS DAIRY
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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 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 on the
facility, as required by the CAFO Control Regulations.
9) A plan to appropriately land apply or dispose of the stockpiled
manure on the northern portion of the facility.
B. In accordance with the CAFO Control Regulations, the applicants 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 septic systems serving the northernmost mobile home and the dairy
barn shall be permitted and installed in accordance with current I.S.D.S.
Regulations.
G. Evidence shall be submitted that the facility has a Design and Operations
Plan, as required by Section 1.4.1 of the Regulations Pertaining to Solid
Waste Disposal Sites and Facilities (6 CCR 1007-2), approved by the
Solid Waste Unit of the Colorado Department of Public Health and
Environment, for the disposal pit located on the east portion of the
property or the facility shall remove the debris and provide evidence to
the Weld County Department of Public Health and Environment that it
was disposed of at an approved disposal facility.
H. The new access for the construction of a septic field shall be closed. The
main access will be the only access utilized. No additional accesses will
be granted.
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AMENDED SPECIAL REVIEW PERMIT#820 - KERBS DAIRY
PAGE 5
The noxious weeds existing on the property, or noxious weeds which
become established as a result of the proposed development, are the
responsibility of the applicants/landowners. The applicants/landowners
shall be responsible for controlling the noxious weeds, pursuant to
Section 15-1-10, Weld County Code. The applicants shall address the
noxious weed problem with the Weld County Department of Public
Works. Evidence of compliance shall be submitted to the Department of
Planning Services.
J. The applicants shall address the requirements of Platte Valley School
District RE-7 as stated in the referral response received December 1,
2000. Evidence of such shall be submitted in writing to the Weld County
Department of Planning Services.
K. The facility shall demonstrate compliance with Section 23-4-710, Weld
County Code.
L. 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 at this site, a proponent of the project should notify the Army
Corp. of Engineers for proper Department of the Army permits or
changes in permit requirements pursuant to Section 404 of the Clean
Water Act.
M. The Building Code Violation, case number VI-9900236, shall be closed
and evidence submitted to the Department of Planning Services.
N. 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) Identify Phases 1, 2, and 3, and all other approved changes.
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.
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AMENDED SPECIAL REVIEW PERMIT#820 - KERBS DAIRY
PAGE 6
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. Complete drawings shall be submitted to the Galeton 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. 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 1999 National Electrical Code
(NEC).
4. The Amended Use by Special Review activity shall not occur, nor shall any
building or electrical permits be issued, on the property until the Amended 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 28th day of March, A.D., 2001.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: j2til ,4 `/ELL\ EXCUSED DATE OF SIGNING (AYE)
+a M. J. Geile, Ch it
Weld County Clerk to t� 0 4V
Y
P Glenn Vaad, moo-_I_em
BY: a� i. . �•!•',� . ._. `�
Deputy Clerk to the Bo ; V� ~
William H. Jerke
APPROVED AS t FORM: EXCUSED
n vi E. Lor ,
2��ounty AttomeyAttorney
T
Robert D. Masden
2001-0218
PL0421
SITE SPECIFIC DEVELOPMENT PLAN
AMENDED USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
KERBS DAIRY/FIRST COMMERCIAL BANK
AMUSR#820
1. A Site Specific Development Plan and Amended Use by Special Review Permit#820 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 (3,600-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 Article VIII Section 23-
8-10, 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, 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 runoff 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 applicants 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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DEVELOPMENT STANDARDS - KERBS DAIRY/FIRST COMMERCIAL BANK (USR #820)
PAGE 2
12. The facility shall be operated in accordance with the approved Odor Abatement Plan.
Odors detected off the 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 the site
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, at
all times, in accordance with the approved Fly Control Plan. Additional fly control measures
shall be implemented at the request of the Weld County Department of Public Health and
Environment in the event that flies, which can be determined to be associated with the
facility, are in such a number to be considered a nuisance condition. The plan shall also
be implemented in the event the Weld County Department of Public Health and
Environment receives a significant number of fly complaints associated with 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 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 19
of the Weld County Code.
20. The facility shall limit the number of head of cattle on the property to 2,500 until land
application practices have been qualified to return to Tier II levels as defined by
Section 81.5(5)of the CAFO Control Regulations(5CCR 1002-81). The facility shall submit
a report for review and approval to both the Weld County Department of Public Health and
Environment and the Colorado Department of Public Health and Environment that
demonstrates the facility has qualified to return to Tier II land application practices. This
shall not preclude the facility from operating under any Tier practices. Evidence of such
approval shall be submitted to the Weld County Department of Planning Services.
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DEVELOPMENT STANDARDS - KERBS DAIRY/FIRST COMMERCIAL BANK (USR#820)
PAGE 3
21. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
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 Amended 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.
2001-0218
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