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IOpt,nee+°5T waaent a...r(4 ea rwep q so won( tl rrb.v.0 office/fag: SIYI 1 Sec. 19. /9.N.R68W. 6Eh P.A. Weld County. CO
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C 16x1 WCR 18.Longmont. CO 60630
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SITE SPECIFIC DEVELOPMENT PLAN 12. The faculty shall be operated In accordance with the approved 0dorAbatement Plan. 20. The hours el operation are up to 24 hours per day in the milking parlor and related
SPECIAL REVIEW PERMIT Additional controls shall be implemented al the request of the Weld County facilities. Equipment operallona, bucks, Farming activities, and maintenance
DEVELOPMENT STANDARDS Department of Public Health and Environment in the event odor levels detected off- activities other than emergencies will occur primarily during daylight fours,
JIM DOCHEFF,DOCHEFF DAIRY site meal or exceed me level of Meen-to-one dilution threshold,as measured
USR 41251—_--_ ___ _— _ -pursuant to Regulation 2 of the Colorado Air Pollution Control Regulations,or In the 21. The access lane to the facility From Weld County Road 28 shall be a graded and
judgement"ol the Weld-County'Heotlromc0r:there'edstseo-odorcondhion—— ---drained roadtoprovide all-weather.access and.ahall_be alleasl241eet_wide le
requiring abatement. accommodate two-way traffic.
1. The Site specifieDevelopment Plan and Use byspeclal Review Permit 01257 is for
an Agricultural Service Establishment fora LivestackContnement Operation(Dairy) 13. The lacilily shall maintain records on-site at all times,available for Inspection during 22. Proper building permits shall be obtained prior to any construction,demolition,or
and an Animal Feeding Operation for 1.800 head of cattle and 24 horses in the A business hours,which demonstrates the following: excavation.
(Agricultural)Zone District,es indicated In the application materials on file and
subject to the Development Standards stated hereon. A. The waste water collection and storage facilities are adequately constructed 23. Fire apparatus roads shall be provided Torah new buildings or building additions so
and sized to handle a 25-year 24-ho0r storm event. fire apparatus may reach to within 150 feel of all portions of all buildings.
2. Approval ollhis plan may create a v0nt00 property right pOrsuantlo Section 90 of the
Weld County Zoning Ordinance. B. The manner in which manure and waste water has been removed and 24 Fire apparatus access roads shall be a minimum oral retain width and be designed 7
applied to land, and maintained to support the imposed toads of fire apparatus(60.000 pounds), .
3 Fugitive dual shall bd controlled on this site. The facility shall be Operated N
accordance with the approved Dust Abatement Plan at all Wiles. C. The method in which waste water and/or manure wig be applied to land, 26, Roads must have a surface that provides all-weather driving capabilities. -
4. Agl ud and sold,waste shall be slated end removed for finaldls Ilnemanner mciding the procedure whichwitbe used to msurethet agronomic reassert `.
C that uidd solid waste
e be laced and removed for
pose not exceeded. 20. Roads in excess of 150 feet in length must be provided with approved provisions for
the turn around Of fire apparatus.
5. There shall be no permanent disposal of solid waste etmb 511¢.as defined in the 14, A spillage retention berm snag be required around any luetconsainer with a volume
Regulations bPe tie ing aSMdWposaO f sold)9aste at thS site.
s(s CCR fi d the). greater than 50 gallons.The volume retained by the spillage berm should be greater 27. AO turns shall be a minimum ofmtny-five(35)feet inside turning radius and forty.
Than the volume of the largest tank inside the berm, eight(48)feet outside taming radius.
B. The lacililysnan maintain compliance with CAFO Regulations(6 CCR 1002.19)and 15. The facility shall be operated in a manner to control Gies.Al all times,the facility 28. The eroro operator be responsible for cam with the Design
Sec0an0olthe Weld County Zoning Ordinance. shall bee rated in accordance wi they d Fl Control Plan.Additi0nalfl property Own p my Zoning ance. 9n
pe pprova y Y The pareeOi 68neroron 5oNhe Weld resposibl0romplyin
). Tha maximum partnisai0le noise coon 5-1not exceed the 1pMinOustnellimit Of)0 control measures shall be Implemented at the request of the Weld County
db(A),measured according to Section 25-12-102,C.R.S. Department of Pubic Heath and Environment mthe event that files, con can be 29. The property owner or peratore Weld responymle for complying withi^a Operation
a nuisance toneassociated. plan the le llsogare Implemented
tnd be the event
thel Weld Standards Of Section 24.6 of the County Zoning Ordinance.
8. Any required NPDES Permit shall be maintained in compliance with the Water a terminedt condition. plan shall also be Implemented in the the Weld
Lf fly epanmealslPObed Health and Environment receivese elgnirnanlnameld 30. Personnel from tbeWel bCourt DB nmenlsothe property
and Environment and
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Outlay Comm/ DIWdn of the Colorado Department of Public Health and of fly complaints associated with the facility,and In the judgement of the Weld Planning Services snap be ty pa
Environment. County Health Officer,there(odds a fly Condition requiring abatement, n granted carredatton pr perly Comply with the
e, The facility shag not discharge rumoff or other waste waters to surface or Development order to Stand the stated atlhe e out on the progeny unmpty ulaM1 the
groundwater with exception to what Is allowed by the CAFO Regulations. 16. Any septic system located on the property must comply with all provisions of the Standards hereon and all applicable Weld County regulations.
Weld County I.S.D.S.Regulations, 31, The Use by Special Review area shall be limited t0 the plane shown hereon and
10. Waste materials,not specifically addressed by other Development Standards,shall governed by the foregoing standards and all applicable Weld County regulations.
be handled.stored,and disposed In a manner that controls fugitive dust,blearing t7. There shall be no burning conducted at the site,whh excephonto burning dared as Substantial changes from the plans or Development Standards as shown or stated
debris,and otter potential nuisance conditions. -agricultural open burning'by Regulation No.l or the Colorado Air Dual Control shallrequire meapproval of an amendment of the Permit by the Weld CountyBoard
Commission Regulations.
Bof Commissioners before such changes from the plans or Development Standards
11: The applicant shall remove.handle,and stockpile manure from the livestock area are permitted.Any other changes shall be riled In the once of the Department of B
in a manner that will prevent nuisance conditions.The manure piles shag not be 18. The facility shall be operated in accordance with the approved Manure end Waste
allowed to exist or deteriorate to a condition that facilitates excessive edam,ties, Water Management PlantPlanning Sa(viLes.
insect pests,or p0iNtant runoff.The surface beneath the manure storage areas J2. The property owner Oroperelorshall be responsible for complying with all or the
shell be of materials which are protective of State waters.These areas shall be 19. In the event the dairy operation should cease.the two mobile homes which are foregoing Development or opesnderds,Noncompliance with enyalme all rt
constructed to minimize seepage or percolation of manure Contaminated water. accessory 10 the Use by Special Review Permit must be removed from the Development Standards may be reason forpliancicn of an Permit by the Board
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in no event shall the facility Impact or degrade waters of the State In violation of property or the appropriate zoning and building permits shall be submitted and of countyCommissioners.
the CAFO Regulations(5 OCR 100249). approved.
1
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AgPro Environmental AgPro Environmental Services, LLC
Services, LLC
6508 WCR 5 00CNEFF DAIRY USR No.1257 — Oenbpmenl Standards
Erie.CO 80516
Office/Fm: SWI/d, Sec. 29. UN, P66W, 610 P.M, Weld County, CO
(720) 344-9629 14d1 WCR 28, Longman,. CO 80631
wr I05/2000 I mm! oocheffO I.dwg m
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RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1257 (AMENDING SPECIAL USE PERMIT#438) FOR AN AGRICULTURAL
SERVICE ESTABLISHMENT FOR A LIVESTOCK CONFINEMENT OPERATION
(DAIRY) IN THE A (AGRICULTURAL) ZONE DISTRICT -JIM DOCHEFF, DOCHEFF
DAIRY
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 April, 2000, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Jim Docheff, Docheff Dairy, 1441 Weld County Road 28, Longmont,
Colorado 80504, for a Site Specific Development Plan and Use by Special Review
Permit #1257 for an Agricultural Service Establishment for a Livestock Confinement Operation
(dairy) in the A (Agricultural) Zone District on the following described real estate, to-wit:
Part of Lot B of Recorded Exemption #1495; being
part of the SW1/4 of Section 29, Township 3 North,
Range 68 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the legal notice for said hearing was not published by the Weld County
legal newspaper, therefore, the Board deemed it advisable to continue said matter to Monday,
May 15, 2000, at 10:00 a.m., and
WHEREAS, at said hearing on May 15, 2000, said applicant was represented by
Thomas Haren, AgPro Environmental Services, LLC, and
WHEREAS, Section 24.4.2 of the Weld County Zoning Ordinance provides standards
for review of said 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 24.7 of the Weld County Zoning Ordinance.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 24.4.2 of the Weld County Zoning Ordinance as
follows:
a. Section 24.4.2.1 —The proposal is consistent with the Weld County
Comprehensive Plan. A.Goal 1 states, "Preserve prime farmland fcr
agricultural purposes which foster the economic health and continuance
of agriculture." The U.S.D.A. soils maps indicate that the soils on this
2000-0774
PL1404
(1 (i_ , 1U 1 TX , / l , Rct ,o
SPECIAL REVIEW PERMIT #1257 - JIM DOCHEFF, DOCHEFF DAIRY
PAGE 2
property are designated "prime." A.Policy 1 states, "Agricultural zoning
will be established and maintained to protect and promote the County's
agricultural industry." The property currently is being farmed and utilized
as a dairy.
b. Section 24.4.2.2—The proposal is consistent with the intent of the
A (Agricultural) Zone District. Section 31.4.2 of the Weld County Zoning
Ordinance 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 24.4.2.3 —The uses which will be permitted will be compatible
with the existing surrounding land uses. Uses within the surrounding
area are a mixture of agricultural and residential. A Condition of Approval
requires the applicant to include all of Lot B of Recorded
Exemption #1495 in the permit area. If this land is not included, the
property could legally contain 4 cattle per acre. Department of Planning
Services staff concurs that to ensure compatibility with surrounding
properties, the use of the entire parcel should be indicated. The applicant
did submit a list of property owners within 500 feet of Lot B to ensure
proper notification. No correspondence has been received from
surrounding property owners stating concerns.
d. Section 24.4.2.4 —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
Town of Mead and the City of Longmont are within the 3-mile referral
area. Neither responded to the referral request. Department of Planning
Services staff considers the Conditions of Approval and Development
Standards to be sufficient to mitigate any conflicts.
e. Section 24.4.2.5 - This proposal lies within the Southwest Weld Road
Impact Program Area 1. Effective December 1, 1999, building permits
issued on the proposed lots will be required to adhere to the fee structure
of the Southwest Weld Road Impact Area 1.
f. Section 24.4.2.6 —The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the
proposed use. This property is designated as "prime" on the U.S.D.A.
Soils Map. The entire parcel is engaged in agriculture as a dairy or crop
area.
g. Section 24.4.2.7 - The attached Conditions of Approval and Development
Standards ensure the protection of the health, safety and welfare of the
inhabitants of the neighborhood and the County.
2000-0774
FL1404
SPECIAL REVIEW PERMIT#1257 - JIM DOCHEFF, DOCHEFF DAIRY
PAGE 3
h. Section 47 -- 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 Jim Docheff, Docheff Dairy for a Site Specific
Development Plan and Use by Special Review Permit#1257 for an Agricultural Service
Establishment for a Livestock Confinement Operation (dairy) in the A (Agricultural) Zone District
on the hereinabove described parcel of land be, and hereby is, granted subject to the following
conditions:
1. The attached Development Standards for the 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 30 days of approval by the Board of County Commissioners.
2. Prior to new construction, project drawing shall be submitted to the Mountain
View Fire Protection District for review. Additional requirements or change may
be required when building applications or plans are reviewed by the Weld County
Building Inspection Department or the Mountain View Fire Protection Distriot
3. 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 1,800-
head dairy to the Weld County Department of Public Health and
Environment for review and approval. Evidence of Weld County
Department of Public Health and Environment approval shall be
submitted to the Weld County Department of Planning Services. This
plan shall include, but not be limited to the following:
1) Demonstration that all manure stockpile areas, 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 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,
2000-0774
PL1404
SPECIAL REVIEW PERMIT #1257 - JIM DOCHEFF, DOCHEFF DAIRY
PAGE 4
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 anc/or
land apply manure and waste water at agronomic rates in
accordance with the CAFO Regulations.
6) Demonstration that adequate measures are in place to prevent
any discharges except those which are allowed by the CAF()
Regulations.
7) Other necessary measures which are required in order to comply
with the CAFO Regulations.
B. In accordance with the CAFO 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.
Evidence of Weld County Department of Public Health and Environment
approval shall be submitted to the Weld County 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.
Evidence of Weld County Department of Public Health and Environment
approval shall be submitted to the Weld County 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. Evidence of
Weld County Department of Public Health and Environment approval
shall be submitted to the Weld County 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. Evidence of
Weld County Department of Public Health and Environment approval
shall be submitted to the Weld County Department of Planning Services.
F. The Environmental Protection Services Division of the Weld County
Department of Public Health and Environment was unable to locate a
septic permit for the septic systems currently serving the two (2) mobile
homes located on the property. Any existing septic system(s) which is
not currently permitted through the Weld County Department of Public
Health and Environment must be permitted. Each unpermitted sepl.ic
system will require an Individual Sewage Disposal System (I.S.D.S.)
2000-0774
F L1404
SPECIAL REVIEW PERMIT #1257 - JIM DOCHEFF, DOCHEFF DAIRY
PAGE 5
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. Evidence of
Weld County Department of Public Health and Environment approval
shall be submitted to the Weld County Department of Planning Services.
G. The plat shall be amended to include all of Lot B of Recorded
Exemption #1495.
H. The applicant shall submit a request to vacate Special Use Permit 11438
for a Dairy.
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 15th day of May, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
W D COUNTY, COLOR DO
AIDE � -
4v i(4 Barbara . Ktrkmeyer, hair
{ fl lerk to the Board
pro
J eile, ro-Tem
/ / 1>
Olt
y, Clerk the Board et, c-
orgebe. Baxter J
�
APPROVED AS TO F RM: a���fiO
�? �_ Dale K. Hall
2
untyAttSrne � „`�/� ,�
Glenn
2000-0774
PL1404
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JIM DOCHEFF, DOCHEFF DAIRY
USR#1257
1. The Site Specific Development Plan and Use by Special Review Permit #1257 is for an
Agricultural Service Establishment for a Livestock Confinement Operation (Dairy) and an
Animal Feeding Operation for 1,800 head of cattle and 24 horses 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 90 of the Weld
County Zoning Ordinance.
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 waste at this site, as defined in the
Regulations Pertaining to Solid Waste Disposal Sites and Facilities (6 CCR 1007-2)
6. The facility shall maintain compliance with CAFO Regulations(5 CCR 1002-19)and Section
47 of the Weld County Zoning Ordinance.
7. The maximum permissible noise level shall not exceed the light industrial limit of 70 db(A),
measured according to Section 25-12-102, 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 Regulations.
10. Waste materials, not specifically addressed by other Development Standards, shall be
handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and
other potential nuisance conditions.
11. The 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 Regulations (5 CCR 1002-19).
2000-0774
PL1404
DEVELOPMENT STANDARDS - JIM DOCHEFF, DOCHEFF DAIRY (USR #1257)
PAGE 2
12. The facility shall be operated in accordance with the approved Odor Abatement Plan.
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, as measured pursuant to Regulation 2 of the
Colorado Air Pollution Control Regulations, or in the judgement of the Weld County Health
Officer, there exists an odor condition requiring abatement.
13. The facility shall maintain records on-site at all times, available for inspection during
business hours, which demonstrates the following:
A. The waste water collection and storage facilities are adequately constructed and
sized to handle a 25-year 24-hour storm event.
B. The manner in which manure and waste water has been removed and applied to
land.
C. The method in which waste water and/or manure will be applied to land, including
the procedure which will be used to insure that agronomic rates are not exceeded.
14. 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.
15. The facility shall be operated in a manner to control flies. At all times, the facility shall be
operated in accordance with the approved Fly Control Plan. Additional fly control measures
shall be implemented at the request of the Weld County Department of Public Health and
Environment in the event that flies, which can be determined to be associated with the
facility, are in such a number to be considered a nuisance condition. The plan shall also
be implemented in the event the Weld County Department of Public Health and
Environment receives a significant number of fly complaints associated with the facility, and
in the judgement of the Weld County Health Officer, there exists a fly condition requiring
abatement.
16. Any septic system located on the property must comply with all provisions of the Weld
County I.S.D.S. Regulations.
17. 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.
18. The facility shall be operated in accordance with the approved Manure and Waste Water
Management Plan.
19. In the event the dairy operation should cease, the two mobile homes which are accessory
to the Use by Special Review Permit must be removed from the property or the appropriate
zoning and building permits shall be submitted and approved.
2000-0774
PL1404
DEVELOPMENT STANDARDS - JIM DOCHEFF, DOCHEFF DAIRY (USR #1257)
PAGE 3
20. The hours of operation are up to 24 hours per day in the milking parlor and related facilities.
Equipment operations, trucks, farming activities, and maintenance activities other than
emergencies will occur primarily during daylight hours.
21. The access lane to the facility from Weld County Road 28 shall be a graded and drained
road to provide all-weather access and shall be at least 24 feet wide to accommodate two-
way traffic.
22. Proper building permits shall be obtained prior to any construction, demolition, or
excavation.
23. Fire apparatus roads shall be provided for all new buildings or building additions so fire
apparatus may reach to within 150 feet of all portions of all buildings.
24. Fire apparatus access roads shall be a minimum of 20 feet in width and be designed and
maintained to support the imposed loads of fire apparatus (60,000 pounds).
25. Roads must have a surface that provides all-weather driving capabilities.
26. Roads in excess of 150 feet in length must be provided with approved provisions For the
turn around of fire apparatus.
27. All turns shall be a minimum of thirty-five (35)feet inside turning radius and forty-eight (48)
feet outside turning radius.
28. The property owner or operator shall be responsible for complying with the Design
Standards of Section 24.5 of the Weld County Zoning Ordinance.
29. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 24.6 of the Weld County Zoning Ordinance.
30. 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 hereon and all applicable Weld County regulations.
31. 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 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.
32. 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.
2000-0774
PL1404
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