HomeMy WebLinkAbout20000658.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL. REVIEW
PERMIT#1258 FOR AN AGRICULTURAL SERVICE ESTABLISHMENT AND A
LIVESTOCK CONFINEMENT OPERATION (DAIRY) WITH 2,000 HEAD OF CATTLE
IN THE A (AGRICULTURAL) ZONE DISTRICT - PODTBURG DAIRY/LONGS PEAK
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 hear ng on the 19th 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 Longs Peak Dairy, LLC/Podtburg Dairy, Go EnvirjStock, LLC, 1591
Cole Boulevard, Suite 310, Golden, Colorado 80401, for a Site Specific Development Plan and
Special Review Permit#1258 for an Agricultural Service Establishment and a Livestock
Confinement Operation (Dairy) with 2,000 head of cattle in the A (Agricultural) Zone District on
the following described real estate, to-wit:
Part of the SE1/4 of Section 24, Township 4 North,
Range 68 West of the 6th P.M., Weld County,
Colorado
WHEREAS, said applicant was represented by Brad Anderson, Env roStock, LLC, at
said hearing, 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 applicaticn 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 for
agricultural purposes which foster the economic healti and continuance
of agriculture." The U.S.D.A. soils map indicates that the soils on the
majority of this property are designated "other lands" and a very small
portion as "prime," A.Policy 1 states, "Agricultural zoning will be
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established and maintained to protect and promote the County's
agricultural industry."
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 husbandr/, 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 consist of farmground to the north, south and east and Northmoor
Acres Subdivision immediately west of the dairy. The applicant has
proposed a 500-foot buffer area between the dairy operation and the
adjacent subdivision. The Department of Planning Services staff is
requesting this area be included within the boundary of the Use by
Special Review Permit so that future uses of this area would stay as a
buffer area. The Conditions of Approval and Development Standards will
ensure that any incompatibilities will be mitigated.
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 within a three mile referral area of both the Towns of
Johnstown and Mead; however, neither town responded.
e. Section 24.4.2.5 —This proposal does not lie within any Overlay Districts.
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 farm ground" and
"other lands" on the U.S.D.A. Soils Map. A very small portion of the
property is designated as prime farmground; the majority of the dairy is
designated as "other lands". The dairy is an existing `acility, which does
not take any prime farmground out of production.
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.
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Longs Peak Dairy, LLC/Podtburg Dairy, c/o
EnviroStock, LLC, for a Site Specific Development Plan and Use by Special Review
Permit#1258 for an Agricultural Service Establishment and a Livestock Confinement Operation
(Dairy) with 2,000 head of cattle 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 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 recording the plat:
A. The facility shall demonstrate compliance with the Confined Animal
Feeding Operations Control (CAFO) Regulations by submitting a
Comprehensive Manure and Waste Water Management Plan for a 2,000-
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:
1) Demonstration that all manure stockpile and waste water
collection areas, conveyance, and retention facilities are
adequately constructed and sized to handle a twenty-five year,
twenty-four hour storm event. This demonstration 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,
any water courses through the property, manure storage areas,
lagoons, etc.
4) A surface contour map which demonstrates all surface water
control features on the site. This should include surveyed surface
elevations, indicate flow direction, run-on control features, etc.
5) Demonstration that the facility has the ability to manage and/or
land apply manure and waste water at agronomic rates in
accordance with the CAFO Regulations.
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6) Demonstration that adequate measures are i i 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.
B. The facility shall demonstrate compliance with Secticn 47 of the Weld
County Zoning Ordinance.
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. The applicant shall obtain Individual Sewage Disposal System (I.S.D.S.)
permits from the Weld County Department of Public Health and
Environment 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 cyder. 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 Ccunty I.S.D.S.
Regulations, must receive approval from the Colorado Department of
Public Health and Environment in accordance with the Regulations for the
site application process (5 CCR 1002-22).
E. A Dust Abatement Plan shall be submitted to the Wed County
Department of Public Health and Environment for review and approval.
F. A Fly Control Plan shall be submitted to the Weld County Department of
Public Health and Environment for review and approval.
G. An Odor Control Plan shall be submitted to the Weld County Department
of Public Health and Environment for review and approval.
H. The tree stump that exists in the northern end of the northern-most
retention pond shall be removed and the ponds liner repaired in
accordance with the CAFO Regulations. A report that certifies that the
repaired liner complies with the CAFO Regulations sf all be submitted to
the Weld County Department of Public Health and Environment for
review and approval. The report shall be certified by a registered
professional engineer.
The plat shall be amended to delineate the following:
1) The approved Landscaping Plan.
2) All oil and gas equipment located on the property.
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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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 19th day of April, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
W D COUNTY, COLORADO
ATTEST: LI l LW / if,U� LLU'�-)
o .O
• "— Barbara Kirkmeyer, Chair
Weld County Clerk to th oa .,
1861 M. J C le, Pro-Tem
BY: .,.J: > 1 1'':, /)
Deputy Clerk to the f J t `
J�1 ' George . Baxter
APPRQVED AS TO FORM. . " DS
Da e K. Hall
ounty Att r y SM
Glenn Vaad �-
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
LONGS PEAK DAIRY, LLC/PODTBURG DAIRY
USR#1258
1. The Site Specific Development Plan and Use by Special Review Permit #1258 is for an
Agricultural Service Establishment and Livestock Confinement Operation(Dairy)with 2,000
head of cattle in the A(Agricultural)Zone District, as indicated in the application materials
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. 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. All construction on the property shall be in accordance with the requ rements of the Weld
County Building Code Ordinance.
10. 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.
11. 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.
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 CAFO Regulations (5 CCR 1002-19).
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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 Public Health and
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.
14. The facility shall maintain records on-site at all times, available for inspection during
business hours, which demonstrate 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.
B. The manner in which manure and waste water have been removed and applied to
land under control of the permittee.
C. The method in which waste water and/or manure will be applied to land under
control of the permittee, including the procedure which will be used to insure that
agronomic rates are not exceeded.
15. A spillage retention berm shall be required around any fuel container•Kith a volume greater
than 50 gallons. The volume retained by the spillage berm shoulc be greater than the
volume of the largest tank inside the berm.
16. The facility shall be operated in a manner to control flies. The facility shall be operated in
accordance with the approved Fly Control Plan at all times. Additiona I 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 f y condition requiring
abatement.
17. Any septic system located on the property must comply with all provisions of the Weld
County Individual Sewage Disposal System Regulations.
18. 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.
19. The facility shall be operated in accordance with the approved Manure and Waste Water
Management Plan.
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20. The hours of operation are up to 24 hours per day, 365 days per year. Office hours will
be from 8:00 a.m. to 5:00 p.m., Monday through Friday, and from 8:00 a.m. to 12:00 p.m.
on Saturday and Sunday. 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. All construction on the property shall be in accordance with the Weld County Building Code
Ordinance.
22. The property owner or operator shall be responsible for complying with the Design
Standards of Section 24.5 of the Weld County Zoning Ordinance.
23. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 24.6 of the Weld County Zoning Ordinance.
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 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.
26. The property owner or operator shall be responsible for complying wi ih 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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