HomeMy WebLinkAbout20000965.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1262 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 -JAMES AND KRISTIE DOCHEFF/DIAMOND D 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 24th day
of May, 2000, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of James and Kristie Docheff, Diamond D Dairy, c/o EnviroStock, LLC,
1597 Cole Boulevard, Suite 310, Golden, Colorado 80401, for a Site Specific Development Plan
and Use by Special Review Permit#1262 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 on the following described real estate, to-wit:
Part of the E1/2 of the SW1/4 of Section 14,
Township 3 North, Range 68 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, said applicant was present 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 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 for
agricultural purposes which foster the economic health and continuance
of agriculture." The U.S.D.A. Soils Map indicates 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."
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SPECIAL REVIEW PERMIT#1262 - JAMES AND KRISTIE DOCHEFF/DIAMOND D DAIRY
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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 farm ground to the north, a single-family residence to the
immediate northeast of the property (50' from the property line), farm
ground to the west, the Rademacher and Sekich business park
subdivisions to the south (commercial), and farm ground and rural
residential uses to the east. The Department of Planning Services staff is
requesting that there be screening placed between the proposed dairy
and the residence to the immediate northeast. 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 the three-mile referral area and urban growth boundary
for the Town of Mead. The Town of Mead did not respond to its referral.
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
"Irrigated (non-prime)" as designated on the U.S.D.A. Soils Map. The
south portion of the property is designated as prime farm ground 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 farm ground 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 requirernents
of the Livestock Feeding Performance Standards.
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SPECIAL REVIEW PERMIT#1262 - JAMES AND KRISTIE DOCHEFF/DIAMOND D DAIRY
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of James and Kristie Docheff, Diamond D Dairy,
c/o EnviroStock, LLC, for a Site Specific Development Plan and Use by Special Review
Permit#1262 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
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 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 Wastewater
Management Plan for an 800-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 wastewater
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.
a) The plan shall include a detailed time-line to install those
measures necessary to direct storm water from the
composting and manure storage areas into an on-site
retention structure that complies with the CAFO
Regulations.
2) Demonstration that any existing or proposed wastewater 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.
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SPECIAL REVIEW PERMIT #1262 - JAMES AND KRISTIE DOCHEFF/DIAMOND D DAIRY
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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 CAFO
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 Wastewater 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. 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 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 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).
D. 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.
E. 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.
F. 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.
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SPECIAL REVIEW PERMIT#1262 - JAMES AND KRISTIE DOCHEFF/DIAMOND D DAIRY
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G. The applicant shall indicate, on the plat, the type of right-of-way or
easement which shall be routinely graded to provide all weather access
to the facility.
H. All derelict vehicles located on the property must be operational with
current license plates, be screened from all adjacent properties and
public rights-of-way, or be removed from the property. All other items
considered to be part of a noncommercial junkyard must also be removed
from the property or screened from all adjacent properties and publ c
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.
3. The 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, adDpted
by the following vote on the 24th day of May, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
WF D COUNTY, COLORADO
ATTEST: at /✓ 7/z/LL I/ 7,) . I'4-, c4
Barbara J. kmeyer, Chair
r. to the Board �%
ezeei
� 2 - M. J ile, Pro-Tem
t
TAF' e rk to the Board
:���� .7 erE. Baxter
n` l
�, v�" AS ORM:
Dale K. all
aunty Attor ey
Glenn Vaad
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JAMES AND KRISTIE DOCHEFF/DIAMOND D DAIRY
USR#1262
1. The Site Specific Development Plan and Use by Special Review Permit is for an Agricultural
Service Establishment for a Livestock Confinement Operation (dairy) and an Animal
Feeding Operation for 800 head of cattle 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,
at all times, with the approved Dust Abatement Plan.
4. All liquid and solid waste shall be stored and removed for final disposal in a manrer 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 requirements of the Weld
County Building Code Ordinance.
10. The facility shall not discharge run-off or other wastewater 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 Regulation (5 CCR 1002-19).
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DEVELOPMENT STANDARDS - JAMES AND KRISTIE DOCHEFF/DIAMOND D DAIRY
(USR #1262)
PAGE 2
13. The facility shall be operated in a manner which controls odor. 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, 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.
14. The facility shall maintain records on-site, available for inspection during business hours,
at all times, which demonstrates the following:
A. That the wastewater collection and storage facilities are adequately constrJcted,
and sized to handle a 25-year, 24-hour storm event.
B. The manner in which manure and wastewater has been removed and applied to
land that is under control of the operator.
C. The method in which wastewater 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.
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.
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 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.
17. Any septic system located on the property must comply with all provisions of the Weld
County I.S.D.S. 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 Wastewater
Management Plan.
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DEVELOPMENT STANDARDS - JAMES AND KRISTIE DOCHEFF/DIAMOND D DAIRY
(USR #1262)
PAGE 3
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.
21. Proper building permits shall be obtained prior to any construction, demolition, or
excavation.
22. All new construction on the property shall comply with the requirements of the 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.
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.
25. The proposed modular home to be placed on the property shall be occupied by a 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 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.
27. 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.
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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