HomeMy WebLinkAbout20000659.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Jack Epple that the following resolution with the deletion of Conditions of Approval 2.A, 3.J.3., and
3.1 with subsequent renumbering 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: USR-1258
APPLICANT: Podtburg Dairy, Long's Peak Dairy Go Envirostock, Inc. •
ADDRESS: 5651 WCR 42, Johnstown, CO 80534
REQUEST: A Site Specific Development Plan and a Special Review Permit for a Dairy and Agricultural
Service Establishment for a Livestock Confinement Operation for 2000 head of cattle-
LEGAL DESCRIPTION: Part of the SE4 of Section 24, Township 4N, Range 68W of the 6th P.M.,
Weld County, Colorado.
LOCATION: North of and adjacent to WCR 42, West of WCR 13
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 staff 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 majority of this property are designated "other lands"and a very small portion as
"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, south
and east and a large subdivision (Northmoor Acres)to the immediate west of the dairy. The
applicant has proposed a 500' 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 Special Use so that future uses of this area would stay as a buffer
— area. Conditions of approval and development standards will ensure that any
incompatibilities will be mitigated.
g EXHIBIT
-1-- 2000-0659
USfZ #1252 �Li399
RESOLUTION, USR-1258
Potdburg Dairy/Long's Peak Dairy
Page 2
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 a three mile referral area of both the towns of
Johnstown and Mead, however neither town responded to their referrals.
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 "other lands" as
designated on the U.S.D.A. Soils Map. The area of the property designated as prime
farmground is a very small portion of the property, and the majority of the dairy is on the
"other 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 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 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)
(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)
RESOLUTION, USR-1258
Potdburg Dairy/Long's Peak Dairy
Page 3
(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. The facility shall demonstrate compliance with Section 47 of the Weld County Zoning
Ordinance. (Planning Department, Health Department)
C. 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. (Health Department)
D. 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)
E. A dust abatement plan shall be submitted to the Weld County Health Department for review
and approval. (Health Department)
F. A fly control plan shall be submitted to the Weld County Department of Health and the
Environment for review and approval. (Health Department)
G. An odor control plan shall be submitted to the Weld County Department of Health and the
Environment for review and approval. (Health Department)
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 shall be submitted
to Weld County Department of Public Health and Environment for review and approval. The
report shall be certified by a registered professional engineer. (Health Department)
RESOLUTION, USR-1258
Potdburg Dairy/Long's Peak Dairy
Page 4
The plat shall be amended to delineate the following:
1) The approved landscaping plan. (Planning)
2) All Oil and Gas equipment located on the property. (Planning)
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. (Planning)
Motion seconded by Cristie Nicklas.
VOTE:
For Passage Against Passage Absent
Fred Walker Arlan Marrs
Cristie Nicklas
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.
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 March 7, 2000.
Dated the 7th of March, 2000.
SA-1-1-21-AA".°dl�
Trisha Swanson
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Podtburg Dairy/tong's Peak Dairy, c/o Envirostock
USR-1258
1. The Site Specific Development Plan and Special Use Permit is for a Dairy and Animal Feeding
Operation for 2000 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, as amended. (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, as amended. (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. 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. (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. This
should also include any agreements between the facility and other parties concerning the off-
site removal of manure or waste water for land application, treatment or disposal. (Health
Department)
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. (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 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 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. 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. (Planning)
21. All construction on the property shall be in accordance with the Weld County Building Code
Ordinance. (Planning)
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, as amended.
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, as amended.
24. Personnel from the Weld County Health Department and Weld County Planning Department 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 Planning Commission 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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