HomeMy WebLinkAbout20010896.tiff - BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Fred Walker 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: AmUSR-1140
APPLICANT: Marcy Daniels-Gruber/Moriah Holsteins, LLC
25562 WCR 46
Kersey, CO 80644
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 fora 4000
head dairy with four accessory to the farm mobile homes) in the Agricultural Zone District
LEGAL DESCRIPTION: Part of the NE4 of Section 17, T4N, R64W of the 6`" P.M., Weld County,
Colorado
LOCATION: South of and adjacent to WCR 46, West of and adjacent to WCR 53
— 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 23-2-220A.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"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 proposal is consistent with the intent of the (A) Agricultural
Zone District. The property is zoned Agricultural and Section 23-3-40.8.16 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 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. USR-1140 was approved by the Board of County
_ Commissioners on March 26, 1997 for a Site Specific Development Plan and Special
Review Permit for a 1500 Head Dairy. The Board determined that the use was compatible
with existing, surrounding land uses, at that time. Surrounding land uses include other
Lus2. EXHIBIT
L 2001-0896
e 4)140
RESOLUTION, AmUSR-1140
Marcy Daniels-Gruber/Moriah Holsteins, LLC
Page 2
farming operations, including a commercial turkey farm and three residential homes, in a
rural location. The expansion of the dairy to 4000 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 not within a three mile referral area of any
municipality.
e. Section 23-2-220.A.5 --This proposal does not lie within any Overlay Districts.
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 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 23-2-220.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 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 plat. 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.(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 4,000 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:
RESOLUTION, AmUSR-1140
Marcy Daniels-Gruber/Moriah Holsteins, LLC
Page 3
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. (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. This shall be prepared and/or reviewed by a professional engineer
registered in Colorado. (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 approval 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
RESOLUTION, AmUSR-1140
Marcy Daniels-Gruber/Moriah Holsteins, LLC
Page 4
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)
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. (Department of Public
Works)
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. (Platte Valley School
District RE-7)
G. 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)
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) 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). (Weld
County Building Inspection)
B. Electrical permits shall be obtained for site lighting, pumps, or other equipment located at
the dairy. (Weld County Building Inspection)
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. (Weld County Building
Inspection)
D. All manufactured homes/mobile homes shall have building permits. (Weld County Building
Inspection)
RESOLUTION, AmUSR-1140
Marcy Daniels-Gruber/Moriah Holsteins, LLC
Page 5
E. Additional requirements or changes may be required when building applications or plans
are reviewed by the Weld County Building Inspection Department or the Fire District. (Weld
County Building Inspection)
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. (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 Michael Miller.
VOTE:
For Passage Against Passage Absent
Cristie Nicklas Arlan Marrs
Michael Miller Bryant Gimlin
Jack Epple
-- 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, Trisha Swanson, 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 March 6, 2001.
Dated the 6' of March, 2001.
Trisha Swanson
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Moriah Holsteins/Marcy Daniels-Gruber
AmUSR-1140
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 4000 head dairy with four accessory to the
farm mobile homes)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 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 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. 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. (Department of Public Works)
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. All construction on the property shall be in accordance with the requirements of Chapter 19 of the
Weld County Code. (Weld County Building Inspections)
21. 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)
22. 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)
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 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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