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Address Info: 1150 O Street, P.O. Box 758, Greeley, CO 80632 | Phone:
(970) 400-4225
| Fax: (970) 336-7233 | Email:
egesick@weld.gov
| Official: Esther Gesick -
Clerk to the Board
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20012539.tiff
I1 AT'y--��--y' g��I //per\ �--//�y�r' ///yam\ ���1��--may¶ //per\- - ------T J\T 7/�/ //�d��� (/���tI 653 11I,111!!II1211II 111,IItlitiIII'I it IN EN �1 A JL tl_f Y1 1 M L Y JV A_- Y — LJ S 1 b �/- / 3 II C.J ^°r 06/11/02 I R R RO Oa 0 000 J P eaW ltubm0b 111//, so. 1" - 2,000 rare terms Vic Sop sac ARCH D H, SIGNATURE BLOCKS - DEVELOPMENT STANDARDS - VICINITY MAP 1 of 2 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT-DEVELOPMENT STANDARDS ROBERT AND DIANE tATEYNIA USR X1349 PLANNING COMMISSION CERTIFICATION This is to certify that the Weld County Planning Commission has certified and does hereby recommend Q) ?i to the Board of County Commissioners, for its confirmation, approval and adoption of this, Site Specific ti Development Plan and Use by Special Review as shown and described hereon this -,/,'"' day of Z I A Site Speck Development Plan and a U a by Special Renew Permit#1349 s for an Agnculural Sconce Establshment pnman'y engaged in performing agncult.,ral anal husbandry,or , 20 horticultural servces on a fee or contract basis,inauding Urestack Conleement Operations(the exparaon of an misting dairy and astral con4nenenl°perdians for a 2,675-head dory r k,-.I.v--x ta ^ „'„-. It'el w'h ale additronol mobile home as an accessory to the farm)in the A(Agricultural)role district as indicated in the application matelots on file and subiacl to the Development Char, Weld County Planning Commission c Sicedcrds doled heron BOARD OF COUNTY COMMISSIONERS CERTIFICATION b a U 2 Approml of the plan may create a,eslcd property!lollpursuant to Article 0711 Section 23-8-10 0l the Weld County Coda This is to certify that the Board of County Commissioners, Weld County, Colorado, does hereby confirm O a o and adopt this Site Specific Development Pion and Use by Special Review and Development Standards I� as shown and described here do of 20 r� q ,4 3 Pogibre dust shall be contrded m this site The faddy;hest be operated in accordance with the apposed Dull Abatement Plan at a'l'me; yI�1 4 All baud and solid wade doll be stared and rema.ed for heal disposal in u(Winn that pmta6 uyoiml_Wed and groundwater uo"laminatian C air Co r. o unty o ' S ATTEST 1 tin y=/ r r . " I 2 3 5 There shall be ro permanent de odd of solid wastes as dePrred m the Regulations Pertain to Sold Waste O f pe p eg n9spousal Sites and Fault es(6 CCR IC417-2)and the We'd County Code Weld Coun y �fflhe Bo V �� Deputy Clerk to the Board Date F 6 The readily shall mainten canpharce with CAFO Control Regulations(5 CCR+002-19)and Its Weld County Code `� `.PERTY OWNER'S CERTIFICATION c f''''a o 7 The fauhty shill adhere to the maxim,permdahle noz levals allowed athe Light hdr>'rial Zane es de'nealed m Se 25-12-103 CRS The undersigned major property owner(s) do hereby agree to the Site Specific Development Plan and i 2, Use by Special Review Development Standards as described Hereon this day of p o 4� 8 Any required CDPES perrn t shall be manvaned in compliance with the Water Quaky Control Diwcon of the Colorado Department of Pablo health and Env ranment 20 GVj CZZ ,a 46 J 9 The lankly shag not discharge run-off or other wastewaters to surface or groundwater with except=to what is allowed by the CAFO Control Peguktrons (2'i"a_ `---- KX.kl/w � C Gc/ G.1 'obert Tote omo Done Tateyama j g 4 10 Waste malerwls,not spearcaly addressed by other development standards shall be handled,stored,and disposed of in a garner that control lugive dust blowing debris,and other 0070 potential nuisance conditions 50 ,4. ' S '..Il; 11 The applicant shall remove,handle and stockpile mouse from the livestock area in a Conner that will prevent rwWnce cord torn the mat.re piles:hog rat be dewed to vial or t l C deteriorate to a candi on that laaldales excessive odors,fire'sect pests,or pollutant runoff The surface beneath the manure storage area;shall be of materials which vie prc+ecine r" W of Slate eaten These areas shag be conslmcted la minimize seepage or percolation of manure canto,noted sole In no event nhi I the 0a Ay impact or degrade waters nl Ihn Stole "4 `,'4, q o in ridden of the CAFO Control Regulationss(5 COW IW2-19) t , 0. 12 The(acuity shag be operated n accordance with the approved Odor Abatement Wan Odors defected off-s to shall not equal or exceed the level of a fifteen-to-one dialed 15reehad r"'I I _ �I mo as measured pursuant to Regulations 1 of the Colorado M Podulron Control Regulations Mdilronai conlroo shag be implemented at the'egad of the We'd County Department of Public / ( Z Health and Environment in the vent odor lees detected off-s le of the Ien'4y reef w exceed the level of a ffteen-lo-one dilution Ihreshotd,or n the Judgment of the Weld County 1 Heath Offices,there ex,ls an odor condition requiring abatement \. 11 / I 1 I 6n 13 A sp"age retention berm shall be required around ary fuel container act a plume greater than 50 gallon; The whine retuned by the'plate berm"ould be grader than the \�` 8r I—4�r-n+y— le /-_-,1;1? volume of the largest lark node the berm YT I p� I ) .J 14 The facility shall be°pero'ed in a manner to control Ties The(archly shall be operated in accordance,at all Mies,with the approved Fly Control Plan Add t oral Hy control i I I o I / a measures shall be implemented at the'equeat of the Weld County Department of Pubic Health and Ernronnenl in the event that f ten,whch con be deermmed to be ccmooted elk the y ,ww'"`R lY 3 rtw 10 op 1aelly,ice in such o number to be conadered n nuisance condition The plan shall also be implemented in the Went the Weld County Department of Public he lb and Environment LJ H 14 1 L W receives a sgndcant number of fly comp'mnls essacwled with the facility,and in the judgment of the Wed County Health OPmer,there rids a fly condition requnrg abatement / \ w "� wow,,.+" �1 O r0 15 Any septic system located on the properly must comply with dl pra.Rsrono of the Weld County ISDS Pegulations � / '1 °"'"' r L P9 1 27. wow`two wm� UF O Up 16 There shall be no burning conducted at the ate,with exception to barring de+hoed as'ogrwWtural open burning'by Regulation No I of the Ceoraao Ar Ooa°ty Control Common an 1 w"' 17 ^4 , y _. _—'--��'//_ •�. CO O Regulation •s J U.rti�l�I3,, )r I Ig I4 ^� 17 The lacudy.hill be operated in accordance with the approed Manure and Wastewcter Monagenent Plan " . 3 use ' - 18 Ho cattle shall hose direct access to Waters of the Stole except access 1101 a allowed per the CAFO Control Pegutdron(5 CCR 1002-19) u }yCR 60 It�`'�� ----+- \ I q (� S-I Fi 19 The hours of operalan are up to 24 hours per day,365 days per year Equipment operation;,trucks,Iarn,nq sal-nhes and maintenance act ryes other Ihon emergencies w1 occur \�0, - -- ---_�N / I— \ --_ .4-, 0 primarily dump daylight hours "o 7 r. t'5 O i cc 20 ShW'd nocuous weeds cool en the property or become eslablched as a result o1 the pmpo:ed deveiapinert,the spplcanl/landowner shall be respo:.be for controlling the noon_u -‘'h\ 1 - / eaeda,pursuant to Chapter I5,Moles and II,al the Weld Count Code (, i - 11 22 (22 l05 h P y 1 / !23 Zr.LI.r.d i 21 HI construction on the property shag be in accordance with the rep relents of Chapter 29 of the We'd County Code r ` I I II �"' to 1 C1/t'_1 ..r rwr�wrI 0 rO 22 The properly owner or operator that be reaponsi8k for conplyng with the Des gn Standards of Section 8-2-240 al the We'd County Code I i { '�� tJ w'1� kL-Ir 23 The properly owner or operator shall be respon561e for complying with the Operator Standards of Section 23-2-250 of the Weld County Code -- r t h-1_ w CO W 24 Personnel from the Weld County Jeporiments of Pub'.Health and Em,ronmenl and Planning Services:Jag be granted access onto the property al any rMWnable fire in order to O ensure the ad oties carried out on the property comply with the Development Slandorda stated heren and all tappable Weld County ReguW+rons ,.] y #•-I U 25 The Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing.landed.and all app:cable Weld County regulations Sub:lorlal changes Qr '.. from the piano or Development Standards as shown or slated shall require the approval of an amendment al the permit by the Wed County Board of nourly Cammisaoners before such SOILS L10 O changes form the plans or Development Standards are permitted Any other changes shall be bled in the office of the Department of Planing Services Qr I-A!tvan loam(0-IS s'opes) Ili no sled 21-Bacano cloy loam(0-I%slopes),Its irrigated N^ 26 The properly owner or operator shat be responsb:e for complying with all of the foregoing Dne'oprnert Standards !lencoma:ionce will any of the(oregamg Development Standards 2-A Ua loam(I-30 open( Pe irrigated dui loam(1-3%stapes),Ile regaled,Mc no wngated may be reason for revoca+ron of the permit by the Board of County Cammxsoners 19-Colombo oily loom(0-1$slopes),I's wngated 41-fluor clay loam(0-1%slopes),I irrigated V 52-Otero dandy'earn(3-5%slopes),Ille irrigated,lie nomniyaled N VICINITY MAP TATEYAMA DAIRY SCALE In = 2000' USW #1349 N SIGNATURE BLOCKS, liki DEVELOPMENT STANDARDS& .iJ VICINITY MAP 111111111111111111111111 ill HIE 1111 III 1111111111111 0 aA al 252000 0000 OCR 0410 11M0AmWa I HIGHWAY 14 9 10 a,c4152s as 06/11,02 oo� � Tt ma O5-Pr sd T__1, __ '�_ __ _—_____— — --� t-- ®® - `- 15 mu ARCH D F NM mmmwe 0,DIMA Ham ..n.�mm®aata Ili InbAuonuc �r ' MA"WrA I� 1 1 t1 r - %7Y/„''Y,✓TJ� �tl I 2 of 2 D . .I.Aar�0 II - -- I _ 19111 V II -_ I 031311C, te '",�.� °. a.��mo It II I M i �, e;,e',,A I• % - I HAY TOO FEED STORAGE tK..�_.. V � ''S? I AREA j �axu�16_9'1� %iY���ell PASTURE I 1 n o o a o sir II /" . 9NS N1 0 0 o CALF O o J�_A11 i ;' sf v rawc 1l I Al o 0 o r l i • / mrxn l ' i SD KU I I o 0 r o I I I c l Fes.,1 II I I I 3 l 'I rer:an ,-.r _________T—rr L� III o I Ill Io lao� ' II f� z m rl1 Dxax lro mlax lls cuxrl lu MANURE SIgCKPILE �._i__© w ` �\ I ssrmmn nua°n ss sco:qn AREA 1' '" O., e y N',,_-,,, mull .xaaz° uN .s_es°n 11 J II Gil um`°rd®ie"°Mim CO �� - — ll A. -1a@,F— it :7 II ., o I 'I II r=3 � I v I II ht maxps i II q 4 P «, Yz�Pam,P .a yr' L f L IBC _ - Fl ae�,�eam09a..:... �— T—� '''''''.14.,=°_-... II F 0,4009 OW `, t SST SAGE POND s c POND rou DCFrx s A Q. 1 MDF S70PE 11 [ GV^n(.YrY(ta M)IDA a—f' ecuelwH>®.[Yp.a MHl6 wu mmuu MDlgpim�°m Yl UPI li l t I � e.�.u[a�.Nm�r°a II , J :MD SAGE POND ®11 m,.im.m°�alrtwr°trmr®L 11 IOTA DEFY 5 1 ,YroE xax., - „°...,, ova I I .] v r i eaFnuir(ro me,zoxre-�ey — LL I I1 rC] m FOI maim, ) J, .r wit a.. �tih / MI BM.Plii MOAK all” � .a I�� O I o 0o mo •InZlEil I I O SCALE 100 `' I CONTOUR INTERVAL 1 F00T I I `, - l� x CO LEGEND I I l Ti ' a� >'° � SECTIO. FOUNDN SLIME CORNER wRl a l HOUSE , co — SECTION LINE mpp 0101126MD reND rwms I —__ , 911 p6600C)P@F CHAfR WJ lM u'D AhA 6 tun i�l rE IiFt0Cp ` P 0190 c)M ff}1a 661 L'II 1' Ian nla cwnso l: T DIVING STRUCTURE �� I •�x p 0 CASE RON MOM AND WM POOPS La mo ucoI as rrua PATE WA NO.,,_ CONCRETE OITCH I 82 I I 7 MO a m nI Dm&l P PERNR BOUNDARY ° W. o W fFLOODPIAIN ° II I CO O -00: — — —DRNNAGE BOUNDARY / ' II : 0 N, ki aFENCE II I a — CA 0 NOTE NO oa s cu SETBACKS WED,AS , I I Q NO Di It G1S FPCMIEi EYi5f 6N DIE PROPERTY • J ' I J i I ; ii II s- Il I TATEYAMA DAIRY • 9f, II ; SITE LAYOUT II I `, �J',� I' I USR #13x9 II RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1349 FOR AN AGRICULTURAL SERVICE ESTABLISHMENT AND LIVESTOCK CONFINEMENT OPERATION (EXPANSION OF AN EXISTING DAIRY TO 2,675 HEAD, WITH ONE ADDITIONAL MOBILE HOME AS AN ACCESSORY TO THE FARM) IN THE A(AGRICULTURAL) ZONE DISTRICT - ROBERT AND DIANE TATEYAMA 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 26th 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 Robert and Diane Tateyama, 39713 Weld County Road 43, Ault, Colorado 80610, for a Site Specific Development Plan and Use by Special Review Permit #1349 for an Agricultural Service Establishment and Livestock Confinement Operation (expansion of an existing dairy to 2,675 head, with one additional mobile home as an accessory to the farm) in the A (Agricultural) Zone District on the following described real estate, to-wit: Part of the NE1/4 of Section 16, Township 7 North, Range 65 West of the 6th P.M., Weld County, Colorado WHEREAS, said applicant was represented by Thomas Haren, AgPro Environmental Services, LLC, 4311 Highway 66, Suite 4, Longmont, Colorado 80504 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 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 / 2001-2539 (re ' /�L i /6/6) %,� &p PL0617 SPECIAL REVIEW PERMIT#1349 - ROBERT AND DIANE TATEYAMA PAGE 2 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 23-2-230.6.2 —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 23-2-230.6.3 —The uses which would be permitted will be compatible with the existing surrounding land uses. Special Use Permit#302 was approved by the Board of County Commissioners on July 14, 1976 for a Site Specific Development Plan and Special Use 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 2,675 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 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 23-2-230.B.5 —A portion of this proposal lies within the Flood Hazard Development Overlay District, as shown on F.I.R.M. Community panel map number 080266-0480C, 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 23-2-230.6.6 —The applicant has demonstrated 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 Permit since 1976. The applicant has made an effort to locate the expansion of the dairy within a confined area in the northeast 2001-2539 PL0617 SPECIAL REVIEW PERMIT #1349 - ROBERT AND DIANE TATEYAMA PAGE 3 portion of the property, adjacent to the existing facilities. A large portion of the site is still available for agricultural farming practices. g. Section 23-2-230.6.7 —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. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Robert and Diane Tateyama for a Site Specific Development Plan and Use by Special Review Permit#1349 for an Agricultural Service Establishment and Livestock Confinement Operation (expansion of an existing dairy to 2,675 head, with one additional mobile home as an accessory to the farm) 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 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. 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. 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. D. 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 2001-2539 PL0617 SPECIAL REVIEW PERMIT#1349 - ROBERT AND DIANE TATEYAMA PAGE 4 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. 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 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. 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 on the facility, as required by the CAFO Control Regulations. 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 One Hundred (100) Year event. This shall be conducted by a Registered Professional Engineer. 2001-2539 PL0617 SPECIAL REVIEW PERMIT#1349 - ROBERT AND DIANE TATEYAMA PAGE 5 10) Evidence that no cattle have direct access to Waters of the State, except access that is allowed by the CAFO Control Regulations. 11) Evidence that stormwater runoff from corrals #5, #6, and #7, is captured, stored, and disposed in accordance with the CAFO Control Regulations. 12) The Applicant shall submit a letter to the Department of Planning Services requesting the vacation of Special Use Permit#302. E. 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. 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. 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. 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. 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 the septic system serving the existing home on the property. Any existing septic system(s) 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(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. J. The facility shall demonstrate compliance with Section 23-4-710 of the Weld County Code. 2001-2539 PL0617 SPECIAL REVIEW PERMIT#1349 - ROBERT AND DIANE TATEYAMA PAGE 6 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. 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. 3) The manure storage area. 4) The exact Special Review Permit boundary and all irrigation ditches with legend. 5) The location of the accessory to the farm mobile home and calf huts. 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. 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. 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. 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. 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. 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. 2001-2539 PL0617 SPECIAL REVIEW PERMIT #1349 - ROBERT AND DIANE TATEYAMA PAGE 7 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 26th day of September, A.D., 2001. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: J ��� EXCUSED DATE OF SIGNING (AYE) M. J. eile, Chair Weld County Clerk tot IB. O 1/49 Glenn Vaad, Pro-Temc BY: Deputy Clerk to the Boa �I' ///we Willis Jerk APPROVAS FO av d . ong Xuntykrrrey Robert D. Masden Date of signature: 1aIo 2001-2539 PL0617 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS ROBERT AND DIANE TATEYAMA USR#1349 1. A Site Specific Development Plan and Use by Special Review Permit #1349 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 2,675-head dairy with one additional mobile home as an accessory to the farm) 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 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 the Weld County Code. 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. 8. Any required CDPS 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). 2001-2539 PL0617 DEVELOPMENT STANDARDS - ROBERT AND DIANE TATEYAMA (USR #1349) 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 a 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 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. No cattle shall have direct access to Waters of the State except access that is allowed per the CAFO Control Regulation (5 CCR 1002-19). 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. 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. 21. All construction on the property shall be in accordance with the requirements of Chapter 29 of the Weld County Code. 2001-2539 PL0617 DEVELOPMENT STANDARDS - ROBERT AND DIANE TATEYAMA (USR#1349) PAGE 3 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. 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. 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. 2001-2539 PL0617
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