HomeMy WebLinkAbout20002756.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1289 FOR AN AGRICULTURAL SERVICES ESTABLISHMENT AND A
LIVESTOCK CONFINEMENT OPERATION (4,000-HEAD DAIRY) AND FOUR
ADDITIONAL ACCESSORY TO THE FARM DWELLING UNITS IN THE A
(AGRICULTURAL) ZONE DISTRICT -TERRY DYE, DYELANDS DAIRY, LLC
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 6th day of
December, 2000, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Terry Dye, Dyelands Dairy, LLC, c/o AgPro Environmental Services,
LLC, 4311 Highway 66, Suite 4, Longmont, Colorado 80504, for a Site Specific Development
Plan and Use by Special Review Permit#1289 for an Agricultural Service Establishment and a
Livestock Confinement Operation (4,000-head dairy) and four additional Accessory to the Farm
Dwelling Units in the A (Agricultural) Zone District on the following described real estate, to-wit:
Lot B of Recorded Exemption #2331; located in
part of the W1/2 of Section 5, Township 7 North,
Range 67 West, and part of the W1/2 SE1/4 of
Section 5, Township 7 North, Range 67 West of
the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing on December 6, 2000, the Board deemed it advisable to
recess said hearing and reconvene on Tuesday, December 12, 2000, at 10:30 a.m., and
WHEREAS, at said hearing on December 12, 2000, the Board deemed it advisable to
recess said hearing and reconvene on Wednesday, December 13, 2000, at 10:00 a.m., and
WHEREAS, at said hearing on December 13, 2000, the 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.
do IL, NZ. (St) 11/U /177/Y7 2000-2756154
SPECIAL REVIEW PERMIT #1289 - TERRY DYE, DYELANDS DAIRY, LLC
PAGE 2
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 for
agricultural purposes which foster the economic health and continuance
of agriculture." The U.S.D.A. Soils Map indicates that the soils on the
majority of this property are designated "prime" and a small strip through
the center of the parcel as "prime, if irrigated." The proposed dairy is an
agricultural use of economic importance to Weld County. The October 1,
2000, Greeley Tribune stated, "There are 83,000 dairy cows in Weld
(ranked 29th in the nation). Those cows, in July alone, contributed $11.1
million to the county's economy by producing 96.6 million pounds of milk."
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 24.4.2.2 —The proposal is consistent with the intent of the A
(Agricultural) Zone District and Section 31.4.2 of the Zoning Ordinance,
which 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 on adjacent properties are
primarily agricultural, including farmed fields and pasture lands. There is
a newly developed five-lot minor subdivision (Remington Place, Les
Gelvin, S #505) approved by the Board of County Commissioners on
December 8, 1999. A Condition of Approval for this subdivision was to
recognize the Right to Farm Covenant and place it on the Change of
Zone and Final Plat mylars, notifying any new residents of Agricultural
uses in the area. There have been several letters of opposition sent to
the Department of Planning Services from neighbors regarding potential
problems with noise, odor, dust and flies, as well as a general
incompatibility with the "rural neighborhood" and the proposed dairy.
Historically, this property has had livestock confinement operations since
approximately 1973, and is rural in nature. 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. This
permit will provide greater regulation than what would be in place if the
dairy was a Use by Right. As a Use by Right, the applicant could confine
1,112 animals (four per acre) on this 278-acre parcel. If this proposal is
approved, the applicant must abide by all Colorado Department of Public
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SPECIAL REVIEW PERMIT #1289 - TERRY DYE, DYELANDS DAIRY, LLC
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Health and Environment regulations, in addition to the Conditions of
Approval and Development Standards set forth in this permit. The
Conditions of Approval and Development Standards include, but are not
limited to, requiring the applicant to submit and receive approval for and
operate in accordance with Dust, Odor and Fly Abatement Plans, as well
as a Manure and Wastewater Management plan. Various letters and
petition signatures were submitted in support for the dairy.
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. This
proposal is not within a three-mile referral area of any town; however, it is
within one mile of Larimer County. Larimer County was sent a referral for
this application and had no conflicts with its interests. Mr. Dye is currently
operating a dairy in Larimer County, with no apparent problems.
e. Section 24.4.2.5 —This proposal does not lie within any Overlay Districts.
Effective December 1, 1999, Building Permits issued on this property
may be required to adhere to the fee structure of the Windsor Service
Area Road Impact Program.
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" and "prime, if
irrigated" on the U.S.D.A. Soils Map. The site has been historically
utilized for animal confinement, and although some prime farmground will
be taken out of field production, agricultural uses including pasture will
continue to be located on this parcel.
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.
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 Terry Dye, Dyelands Dairy, LLC, c/o AgPro
Environmental Services, LLC, for a Site Specific Development Plan and Use by Special Review
Permit#1289 for an Agricultural Service Establishment and a Livestock Confinement Operation
(4,000-head dairy) and four additional Accessory to the Farm Dwelling Units in the A
(Agricultural) Zone District on the hereinabove described parcel of land be, and hereby is,
granted subject to the following conditions:
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SPECIAL REVIEW PERMIT #1289 - TERRY DYE, DYELANDS DAIRY, LLC
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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 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 4,000-
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 runoff
generated from a twenty-five year, twenty-four hour storm event.
This shall be conducted by a Colorado 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 Colorado 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, and run-on control features.
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.
6) Demonstration that adequate measures are in place to prevent
any discharges except those which are allowed by the CAFO
Regulations.
7) Other necessary measures which are required in order to comply
with the CAFO Regulations.
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SPECIAL REVIEW PERMIT #1289 - TERRY DYE, DYELANDS DAIRY, LLC
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8) Demonstrate that surface water that may originate as seepage
from the Cactus Hill Ditch, has been appropriately diverted away
from the manure storage area\composting area and cattle pens.
Appropriate additional measures (i.e., French drains or
interceptive trenches) may be required to eliminate flow onto
areas where there is manure.
B. A description of the types of records that will be maintained on the facility,
as required by the CAFO Regulations.
C. 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.
D. A Dust Abatement Plan shall be submitted to the Weld County
Department of Public Health and Environment for review and approval.
E. A Fly Control Plan shall be submitted to the Weld County Department of
Public Health and Environment for review and approval.
F. An Odor Control Plan shall be submitted to the Weld County Department
of Public Health and Environment for review and approval.
G. The facility shall demonstrate compliance with Section 47 of the Weld
County Zoning Ordinance.
H. The proposed accessory housing units shall access onto Weld County
Road 86. This County Road has only two residences and dead-ends at a
quarter mile. This would minimize new accesses and utilize existing
public road rights-of-way.
The approach, parking areas and alley ways shall be graded and drained
surface to provide an all-weather access.
J. The Army Corp of Engineers 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 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.
K. The plat shall be in compliance with Section 24.7.4 and be amended to
delineate the following:
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SPECIAL REVIEW PERMIT#1289 - TERRY DYE, DYELANDS DAIRY, LLC
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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) Additional employee houses, driveways, existing cattle pens and
all agricultural and residential accesses to the property.
3) To include all easements for ingress/egress and maintenance of
any ditches located on the subject property.
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. Check with Weld County Department of Building Inspection
before any construction is started.
B. Electrical permits shall be obtained for site lighting, pumps, or other
equipment located at the dairy.
C. All manufactured homes shall have building permits.
D. Milking parlor or any buildings that would normally require engineering,
shall be engineered and have engineered foundations. Engineered
foundations shall be based on a site-specific geotechnical report or an
open hole inspection performed by a Colorado licensed engineer. Any fill
material shall not contain rock or similar irreducible material with a
maximum dimension greater than 12 inches. All fills shall be compacted
to a minimum of 90 percent of maximum density. Engineering reports
shall be supplied for all fill material.
E. Occupancy separations may be required between different portions of the
milking parlor or in other mixed occupancy buildings, per Section 302.1of
the 1997 Uniform Building Code.
F. All buildings or structures shall maintain distances from property lines and
adjacent buildings as outlined in Section 503 and Table 5-A of the 1997
Uniform Building Code.
G. The design and construction of accessible buildings and building
elements shall be in accordance with Chapter 11 and Appendix Chapter
11 of the Uniform Building Code.
H. Electrical work shall conform to the 1999 National Electrical Code. All
wiring in damp areas, such as where livestock are present, shall be
suitable for that location.
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SPECIAL REVIEW PERMIT#1289 - TERRY DYE, DYELANDS DAIRY, LLC
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I. Separate building permits are required for all monument signs. Signs
shall adhere to Section 42 of the Weld County Zoning Ordinance.
J. Complete drawings shall be submitted to the Poudre Valley Fire District
for review.
K. 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.
L. The applicant shall attempt to address the concerns of the Poudre Fire
Authority, as outlined in a letter dated September 13, 2000. Evidence of
such shall be provided to the Department of Planning Services.
M. Effective December 1, 1999, Building Permits issued on this property
may be required to adhere to the fee structure of the Windsor Service
Area Road Impact Program.
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 13th day of December, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
' W D COUNTY, COLOR DO
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a / o/{,all .Barbara J. irkmeyer, hair 1 U,-
11�eIGi countsceler o e Board
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APPROVEJYAS T M:
Dale,K. Hall
urity Attorney
Glenn Vaa
2000-2756
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
TERRY DYE, DYELANDS DAIRY, LLC
USR #1289
1. A Site Specific Development Plan and a Use by Special Review Permit is for an Agricultural
Service Establishment primarily engaged in performing agricultural, animal husbandry, or
horticultural services on a fee or contract basis, including Livestock Confinement
Operations(4,000-head dairy)and four additional Accessory to the Farm Dwelling Units for
employees restricted to manufactured homes on a temporary foundation, a maximum of
2,000 milking cows allowing for calves, steers, replacement heifers,and dry cows for a total
of 4,000 head in the A(Agricultural)Zone District, as indicated in the application materials
on file and subject to the Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 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 wastes, as defined in the Regulations
Pertaining to Solid Waste Disposal Sites and Facilities (6 CCR 1007-2), at this site.
6. The facility shall maintain compliance with the CAFO Regulations (5 CCR 1002-19) and,
Section 47 of the Weld County Zoning Ordinance.
7. This 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 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 runoff 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).
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DEVELOPMENT STANDARDS - TERRY DYE, DYELANDS DAIRY, LLC (USR #1289)
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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 a 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. 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. 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.
15. Any septic system located on the property must comply with all provisions of the Weld
County Individual Sewage Disposal System (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. 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.
19. All construction on the property shall be in accordance with the requirements of the Weld
County Building Code Ordinance.
20. Effective December 1, 1999, Building Permits issued on the property may be required to
adhere to the fee structure of the Windsor Service Area Road Impact Program.
21. The property owner or operator shall be responsible for complying with the Design
Standards of Section 24.5 of the Weld County Zoning Ordinance.
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DEVELOPMENT STANDARDS - TERRY DYE, DYELANDS DAIRY, LLC (USR #1289)
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22. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 24.6 of the Weld County Zoning Ordinance.
23. In the event an emergency access is required, there shall be an all-weather surface, with
a breakaway gate, for emergency use only.
24. Personnel from the Weld County Departments of Public Health and Environment and
Planning Services shall be granted access onto the property at any reasonable time in
order to ensure the activities carried out on the property comply with the Development
Standards stated herein and all applicable Weld County regulations.
25. The Use by Special Review area shall be limited to the plans shown hereon and governed
by the foregoing standards and all applicable Weld County regulations. Substantial
changes from the plans or Development Standards as shown or stated shall require the
approval of an amendment of the Permit by the Weld County Board of County
Commissioners before such changes from the plans or Development Standards are
permitted. Any other changes shall be filed in the office of the Department of Planning
Services.
26 The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards
may be reason for revocation of the Permit by the Board of County Commissioners.
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