HomeMy WebLinkAbout20000966.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Cristie Nicklas that the following resolution with the deletion of Condition of Approval 2J deleted
with subsequent renumbering and changes to the Deveopment Standards be introduced for passage by the
Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the
application for:
PLANNER: Chris Gathman
CASE NUMBER: USR-1262
APPLICANT: James and Kristie Docheff(Diamond D Dairy)
ADDRESS: 4513 WCR 32, Longmont, CO 80504
REQUEST: A Site Specific Development Plan and a Special Review Permit for an Agricultural Service
Establishment for a Livestock Confinement Operation (Dairy) and Animal Feeding
Operation for 800 head of cattle in the Agricultural Zone District
LEGAL DESCRIPTION: Part of the East 1/2 of the South West 1/4 of Section 14, Township 3 North,
Range 68 West of the 6th P.M., Weld County, Colorado
LOCATION: North of and adjacent to WCR 32, Directly North and East of Weld County Road 9.5
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 24.7 of the
Weld County Zoning Ordinance, as amended.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section
24.3 of the Weld County Zoning Ordinance, as amended, as follows:
a. Section 24.3.1.1 --That 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 indicate that the
soils on the front portion of this property are designated"Prime"and soils on the rear portion
of the property are designated as "Irrigated (not prime)". A.Policy 1 states, "Agricultural
zoning will be established and maintained to protect and promote the County's agricultural
industry".
b. Section 24.3.1.2 --The proposal is consistent with the intent of the district in which the use
is located. The property is zoned Agricultural and section 31.4.2 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 24.3.1.3--The uses which would be permitted will be compatible with the existing
surrounding land uses. Uses within the surrounding area are farmground to the north, a
single-family residence is located to the immediate northeast of the property(50'from the
property line), farmground to the west, the Rademacher and Sekich business park
subdivisions are to the south (commercial), and farmground and rural residential uses to
the east. The Department of Planning Services' staff is requesting that there be screening
EXHIBIT 2000-0966
Us izfl I�LIyl2•
RESOLUTION, USR-1262
James and Kristie Docheff
Page 2
placed between the proposed dairy and the residence to the immediate northeast.
Conditions of approval and development standards will ensure that any incompatibilitieswill
be mitigated.
d. Section 24.3.1.4 --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. This proposal is within the three-mile referral area and urban growth
boundary for the Town of Mead. The Town of Mead did not respond to their referral.
e. Section 24.3.1.5 --This proposal does not lie within any Overlay Districts.
f. Section 24.3.1.6 --If the use is proposed to be located in the A-District, the applicant shall
demonstrate a diligent effort to conserve prime agricultural land in the locational decision
for the proposed use. This property is designated as "prime farm ground" and "Irrigated
(non-prime)" as designated on the U.S.D.A. Soils Map. The south portion of the property
is designated as prime farmground and the remainder of the dairy is on the"Irrigated (non
prime)" lands. The dairy is an existing facility, which does not take any prime farmground
out of production.
g. Section 24.3.1.7 -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 47 --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 30 days of approval by the Board of County Commissioners. (Dept. of
Planning)
2. Prior to recording the plat:
A. The facility shall demonstrate compliance with the Confined Animal Feeding Operations
Control (CAFO) Regulations. This shall be demonstrated by submitting a comprehensive
manure and waste water management plan (the Plan),for an 800 head dairy, to the Weld
County Department of Public Health and the Environment for review and approval. This
plan shall include, but not be limited to the following:
RESOLUTION, USR-1262
James and Kristie Docheff
Page 3
(1) Demonstration that all manure stockpile areas and waste water collection,
conveyance,and retention facilities are adequately constructed and sized to handle
a twenty-five year, twenty-four hour storm event. This shall be conducted by a
Registered Professional Engineer. (Health Department)
a)The plan shall include a detailed time-line to install those measures necessary
to direct stormwater from the composting and manure storage areas into an on-
site retention structure that complies with CAFO regulations.
(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. (Health Department)
(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. (Health Department)
(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. (Health Department)
(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.
(Health Department)
(6) Demonstration that adequate measures are in place to prevent any discharges
except those which are allowed by the CAFO Regulations. (Health Department)
(7) Other necessary measures which are required in order to comply with the
CAFO Regulations. (Health Department)
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. Evidence of Weld County Department of Public Health and Environment
approval shall be submitted to the Weld County Department of Planning Services. (Health
Department)
C. The applicant shall obtain ISDS permits,from the Weld County Health Department,for any
structure where people live,work,or congregate and ensure that the structure contains an
adequate, convenient, sanitary toilet and sewage disposal system in good working order.
Any structure that will be served by a septic system, and have a design hydraulic flow of
greater than 3,000 gallons(according to the Weld County ISDS Regulations), must receive
approval of the Colorado Department of Public Health and Environment in accordance with
the Regulations for the Site Application Process (5 CCR 1002-22). (Health Department)
D. A dust abatement plan shall be submitted to the Weld County Health Department for review
and approval. Evidence of Weld County Department of Health and Environment approval
shall be submitted to the Weld County Department of Planning Services. (Health
Department)
RESOLUTION, USR-1262
James and Kristie Docheff
Page 4
E. A fly control plan shall be submitted to the Weld County Department of Health and the
Environment for review and approval. Evidence of Weld County Department of Health and
Environment approval shall be submitted to the Weld County Department of Planning
Services. (Health Department)
F. An odor control plan shall be submitted to the Weld County Department of Health and the
Environment for review and approval. Evidence of Weld County Department of Health and
Environment approval shall be submitted to the Weld County Department of Planning
Services. (Health Department)
G. A landscaping and screening plan shall be submitted to the Weld County Department of
Planning Services for review and approval. The dairy must be screened from the existing
residence that is within 50' of the corner of the property.(Planning)
H. The applicant shall indicate, on the plat, type of right-of-way or easement which shall
be routinely graded to provide all weather access to the facility. (Public Works)
All derelict vehicles located on the property must be operational with current license plates,
or be screened from all adjacent properties and public rights of way, or be removed from
the property. All other items considered to be a part of a noncommercial junkyard must also
be removed from the property or screened from all adjacent properties and public rights-of-
way. The property is in violation of the Weld County Zoning Ordinance. The applicant
shall schedule a final inspection with the Weld County Zoning Compliance Officer and
submit a copy of the closure letter indicating compliance with the Weld County Zoning
Ordinance.
J. The plat shall be amended to delineate the following:
1) The approved landscaping plan. (Planning)
3. 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. (Planning)
Motion seconded by Michael Miller.
VOTE:
For Passage Against Passage
Fred Walker
Cristie Nickles
Arlan Marrs
John Folsom
Michael Miller
Bryant Gimlin
Jack Epple
Stephen Mokray
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.
RESOLUTION, USR-1262
James and Kristie Docheff
Page 5
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 April 4, 2000.
Dated the 4th of April, 2000.
'- 1
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Trisha Swanson
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
James and Kristie Docheff(Diamond D Dairy), do Envirostock
USR-1262
1. The Site Specific Development Plan and Special Use Permit is for an Agricultural Service
Establishment for a Livestock Confinement Operation(Dairy)and Animal Feeding Operation for 800
head of cattle in the A(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.
(Planning)
2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County
Zoning Ordinance, as amended. (Planning)
3. Fugitive dust shall be controlled on this site. The facility shall be operated in accordance,
at all times, with the approved dust abatement plan. (Health Department)
4. All liquid and solid waste shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Health Department)
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. (Health Department)
6. The facility shall maintain compliance with Confined Animal Feeding Operations Control Regulations
(5 CCR 1002-19) and, Section 47 of the Weld County Zoning Ordinance. (Health Department)
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. (Health Department)
8. Any required NPDES Permit shall be maintained in compliance with the Water Quality Control
Division of the Colorado Department of Public Health & Environment. (Health Department)
9. All construction on the property shall be in accordance with the requirements of the Weld
County Building Code Ordinance. (Health Department)
10. 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.
(Health Department)
11. 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. (Health Department)
12. 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). (Health Department)
13. The facility shall be operated in a manner which controls odor. 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. The odor abatement plan shall be implemented
at the request of the Weld County Department of Health and the Environment in the event odor
levels detected off site of the facility meet or exceed the level of fifteen-to-one dilution threshold, or
in the judgement of the Weld County Health Officer, there exists an odor condition requiring
abatement. (Health Department)
14. The facility shall maintain records on-site, available for inspection during business hours,
at all times, which demonstrates the following:
A. That the waste water collection and storage facilities are adequately constructed,
and sized to handle a 25-year 24-hour storm event. (Health Department)
B. The manner in which manure and waste water has been removed and applied to land that
is under control of the operator. (Health Department)
C. The method in which waste water and/or manure will be applied to land that is under control
of the operator, including the procedure which will be used to insure that agronomic rates
are not exceeded. (Health Department)
15. 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. (Health Department)
16. 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 the 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 the 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. (Health Department)
17. Any septic system located on the property must comply with all provisions of the Weld County
Individual Sewage Disposal System Regulations. (Health Department)
18. 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. (Health Department)
19. The facility shall be operated in accordance with the approved manure and waste water
management plan. (Health Department)
20. The hours of operation are up to 24 hours per day, 365 days per year. 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. (Planning)
21. Proper building permits shall be obtained prior to any construction, demolition, or excavation.
(Building Inspection)
22. All new construction on the property shall comply with the requirements of the Mountain
View Fire Protection District. (Mountain View Fire Protection District)
23. The property owner or operator shall be responsible for complying with the Design Standards of
Section 24.5 of the Weld County Zoning Ordinance, as amended.
24. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 24.6 of the Weld County Zoning Ordinance, as amended.
25. The proposed modular home to be place on the property shall be occupied by family member in the
business or direct employees of the business. It shall not be used as an outside rental.
26. Personnel from the Weld County Department of Public Health and Environment and Weld County
Department of 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.
27. 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.
28. 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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