HomeMy WebLinkAbout20012361 RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1340 FOR AN AGRICULTURAL SERVICE ESTABLISHMENT AND
LIVESTOCK CONFINEMENT OPERATION (EXPANSION OF HORIZON-VUE DAIRY
TO 2,000 HEAD) IN THE A(AGRICULTURAL) ZONE DISTRICT - RAYMOND AND
DEBRA CARPIO/LUPE CARPIO
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 12th day
of September, 2001, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Raymond and Debra Carpio/Lupe Carpio, 27503 Weld County
Road 55, Kersey, Colorado 80644, for a Site Specific Development Plan and Use by Special
Review Permit#1340 for an Agricultural Service Establishment and Livestock Confinement
Operation (expansion of Horizon-Vue Dairy to 2,000 head) in the A (Agricultural) Zone District
on the following described real estate, to-wit:
E1/2 SE1/4 of Section 22, Township 6 North,
Range 64 West of the 6th P.M., Weld County,
Colorado
WHEREAS, said applicant was represented by Thomas Haren, AgPro Environmental
Services, LLC, at said hearing, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review
of said 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.B.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."
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SPECIAL REVIEW PERMIT#1340 - RAYMOND AND DEBRA CARPIO/LUPE CARPIO
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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 23-2-230.6.2—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 23-2-230.B.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.
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 the adopted Master Plans of
affected municipalities. The proposed expansion is not within a three-
mile referral area of any municipality.
e. Section 23-2-230.B.5—The site 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 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 23-2-230.B.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 the 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.
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Raymond and Debra Carpio/Lupe Carpio for a
Site Specific Development Plan and Use by Special Review Permit#1340 for an Agricultural
Service Establishment and Livestock Confinement Operation (expansion of Horizon-Vue Dairy
to 2,000 head) 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 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.
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 2,000
head dairy to the Weld County Department of Public Health and
Environment for review and approval. A copy of the plan and evidence
that the plan has been approved by the Health Department shall be
submitted to the Department of Planning Services. This plan shall
include, but not be limited to the following:
1. Demonstrate 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.
2. Demonstrate 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 Registered Professional
Engineer.
3. A site map which demonstrates 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 and indicate flow direction, run-on control features, etc.
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5. Demonstrate 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. Demonstrate 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.
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 the State Health
Department's review of the plan 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 Health Department approval of the plan
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 Health Department approval of the plan 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 Health Department approval of the plan shall be
submitted to the Department of Planning Services.
F. All septic systems located on the property shall have appropriate permits
from the Weld County Department of Public Health and Environment.
The Environmental Health Division of the Weld County Department of
Public Health and 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
and Environment will require an Individual Sewage Disposal System
(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.
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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.
H. Conform to Section 23-2-260.D of the Weld County Code.
3. Prior to release construction:
A. Building permits and review are required for any additions or remodel of
the milk barn parlor.
4. The Use by Special Review activity shall not occur, nor shall any building or
electrical permits be issued on the property, until the Use by Special Review plat
is ready to be recorded in the office of the Weld County Clerk and Recorder.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 12th day of September, A.D., 2001.
BOARD OF COUNTY COMMISSIONERS
B0 WELD C• �' TY, COLORADO
ATTEST: � �' l /�"v//�����;w�
J. eile, Chai
Weld County Clerk to the B{:'. •
( * �4 ��lenn Vaad, Pro-Tem -
Deputy•Clerk to the Board ♦ �f ti
Will . Jerke
APPR ED AS T •
AT F
a ' . ong
dun Attorn
obert D. Masden
Date of signature: . J
2001-2361
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
RAYMOND AND DEBRA CARPIO/LUPE CARPIO
USR#1340
1. The Site Specific Development Plan and Use by Special Review 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 (expansion of Horizon-Vue Dairy 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.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the
Weld County Code.
3. Fugitive dust shall be controlled on this site. The facility shall be operated in accordance
with the approved Dust Abatement Plan at all times.
4. All liquid and solid waste shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
5. There shall be no permanent disposal of solid wastes, as defined in the Regulations
Pertaining to Solid Waste Disposal Sites and Facilities (6 CCR 1007-2), at this site.
6. The facility shall maintain compliance with the CAFO Control Regulations(5 CCR 1002-19)
and Section 23-4-710 of the Weld County Code.
7. The facility shall adhere to the maximum permissible noise levels allowed in the Light
Industrial Zone District as delineated in Section 25-12-103, C.R.S.
8. Any required NPDES Permit shall be maintained in compliance with the Water Quality
Control Division of the Colorado Department of Public Health and Environment.
9. The facility shall not discharge run-off or other waste waters to surface or groundwater with
exception to what is allowed by the CAFO Control Regulations.
10. 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 Regulations (5 CCR 1002-19).
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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.
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 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. Off-site parking adjacent to Weld County Roads 57 or 66 is not allowed. Utilize on-site
parking only.
19. All feed alleys shall be graded and surfaced with gravel to prevent drainage problems.
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.
21. All construction on the property shall be in accordance with the requirements of Chapter 29
of the Weld County Code.
22. 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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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 Use by Special Review area shall be limited to the plans shown hereon and governed
by the foregoing standards and all applicable Weld County regulations. Substantial
changes from the plans or Development Standards as shown or stated shall require the
approval of an amendment of the Permit by the Weld County Board of County
Commissioners before such changes from the plans or Development Standards are
permitted. Any other changes shall be filed in the office of the Department of Planning
Services.
26. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards
may be reason for revocation of the Permit by the Board of County Commissioners.
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