HomeMy WebLinkAbout20010219 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bryant Gimlin 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-820
APPLICANT: Kerb's Dairy/First Commercial Bank, 33440 WCR 55, Gill, CO 80644
c/o AgPro Environmental Services, LLC,4311 Highway 66, Suite 4, Longmont,CO,80504
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 redesign and expansion of an existing dairy and animal confinement
operation)for a 5000 head dairy in the Agricultural Zone District
LEGAL DESCRIPTION: SW4 of Section 15, T6N, R64W of the 6th P.M., Weld County, Colorado
LOCATION: East of and adjacent to WCR 55, North of and adjacent to State Highway 392
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 23-2-220A.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 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-820 was approved by the Board of County
Commissioners on March 30, 1988 for a Site Specific Development Plan and Special
Review Permit for a 2500 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 5000 head will remain compatible with existing surrounding land
uses.
EXHIBIT
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RESOLUTION, AmUSR-820
Kerbs Dairy
Page 2
Conditions of Approval and Development Standards will ensure that any incompatibilities
will be mitigated. The 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 1988.
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 5,000 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 run-off generated from a twenty-five year, twenty-four
hour storm event. This shall be conducted by a Colorado Registered Professional
Engineer. (Department of Public Health and Environment)
RESOLUTION, AmUSR-820
Kerbs Dairy
Page 3
(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. The demonstration shall be conducted by a Colorado Registered
Professional Engineer. (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 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)
(9) A plan to appropriately land apply or dispose of the stockpiled manure on the
northern portion of the facility.
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. (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. (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. (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. (Department of Public Health and Environment)
F. The septic systems serving the northern-most mobile home and the dairy barn shall be
permitted and installed in accordance with current regulations regarding Individual Sewage
Disposal Systems. (Department of Public Health and Environment)
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
RESOLUTION, AmUSR-820
Kerbs Dairy
Page 4
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 at an approved disposal facility.
(Department of Public Health and Environment, Department of Planning)
H. The new access point for the construction of a septic field, shall be closed. The main
access will be the only point of access utilized. No additional accesses are granted.
(Department of Public Works)
The noxious weeds existing on the property or noxious weeds which become established
as a result of the proposed development is the responsibility of the applicant/landowner.
The applicant/landowner shall be responsible for controlling the noxious weeds, pursuant
to Section 15-1-10 of the Weld County Code. The applicant shall address the noxious
weed problem with Ron Broda, Weld County Department of Public Works. Evidence of
compliance shall be submitted to the Department of Planning Services. (Department of
Public Works)
J. The applicant 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 of the Weld County Code.
(Department of Planning Services, Department of Public Health and Environment)
L. If any work associated with this project requires the placement of dredge or fill material,and
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, this office should be notified by a proponent
of the project for proper Department of the Army permits or changes in permit requirements
pursuant to Section 404 of the Clean Water Act. (Army Corps of Engineers)
M. The Building Code Violation, case number VI-9900236, shall be closed and evidence
submitted to the Department of Planning Services. (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. (Department of Planning Services)
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)
RESOLUTION, AmUSR-820
Kerbs Dairy
Page 5
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)
E. Complete drawings shall be submitted to the Galeton Fire Protection District for review.
(Weld County Building Inspection)
F. 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)
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 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 Arlan Marrs.
VOTE:
For Passage Against Passage
Cristie Nicklas John Folsom
Fred Walker Michael Miller
Arlan Marrs Stephen Mokray
Bryant Gimlin Cathy Clamp
Jack Epple
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 January 16, 2000.
Dated the 16' of January, 2000.
Trisha Swanson
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Kerb's Dairy, do AgPro
AmUSR-820
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(5,000 Head Dairy)
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. This facility shall adhere to the maximum permissible noise levels allowed in the Light Industrial
Zone as delineated in 25-12-103 C.R.S., as amended. (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. 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. (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 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,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
(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. 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)
19. All construction on the property shall be in accordance with the requirements of Chapter 19 of the
Weld County Code. (Weld County Building Inspections)
20. 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)
21. 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)
22. 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.
23. 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.
24. 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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