HomeMy WebLinkAbout20002414.tiff RESOLUTION
RE.: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1282 FOR AN AGRICULTURAL SERVICE ESTABLISHMENT AND ANIMAL
CONFINEMENT OPERATION IN THE A(AGRICULTURAL) ZONE DISTRICT - JOHN
JOHNSON
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 25th day
of October, 2000, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of John Johnson, do AgPro Environmental Services, LLC, 2057 Alpine
Sky Drive, Berthoud, Colorado 80513, for a Site Specific Development Plan and Use by Special
Review Permit#1282 for an Agricultural Service Establishment and Animal Confinement
Operation in the A (Agricultural) Zone District on the following described real estate, to-wit
Lot B of Amended Recorded Exemption #499;
being part of the NW1/4 of Section 1, Township 6
North, Range 65 West of the 6th P.M., Weld
County, Colorado
WHEREAS, said applicant was represented by Thomas Haren, AgPro Environmental
Services, 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 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 a majority of this
property is designated "irrigated, not prime" and a small strip through the
center of the parcel is "prime." A.Policy 1 states, "Agricultural zoning will
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SPECIAL REVIEW PERMIT #1282 - JOHN JOHNSON
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be 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 and 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 on adjacent properties are
primarily agricultural, including farmed fields and pasture lands. There is
a Site Specific Development Plan and Special Review Permit on the
adjacent property to the east, for a commercial vehicle repair business
(USR #1100), which was approved in 1995. Feeding operations have
been permitted on the subject property since June 6, 1973, by Special
Use Permits #201 and #450. Originally, Special Use Permit #201 was
approved for 9,000-11,000 head of lamb and 500-1,000 head of cattle
The permit was revised in 1975 to include 480 hogs. In 1980, the
applicant applied for Special Use Permit#450 for a swine operation and
limited the number of hogs to 1,500 at any one time. Although it appears
that these permits were for approximately the same legal description,
Special Use Permit#201 was never vacated. The uses of a feedlot,
including cattle, have been occurring on the property since at least 1973,
according to Department of Planning Services records. It appears that
the use of a feedlot will continue to be compatible with existing
surrounding land uses. 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 not within a three-mile referral area of any town. The Town of
Eaton is approximately four miles west of this proposal.
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 "irrigated, not prime" farm
ground and "prime" 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 Use by Special Review area is on
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SPECIAL REVIEW PERMIT #1282 - JOHN JOHNSON
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the "other lands." The Use by Special Review area is an existing facility,
which does not take any prime farmground out of production.
g. Section 24.4.2.7 -- The attached Conditions of Approval and
Development Standards will 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 John Johnson, c/o AgPro Environmental
Services, LLC, for a Site Specific Development Plan and Use by Special Review Permit #1282
for an Agricultural Service Establishment and Animal Confinement Operation 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. A letter shall be submitted by the property owner requesting the vacation
of both Special Use Permits #201and #450.
B. 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
11,240-head feedlot (and up to 20 horses), to the Weld County
Department of Public Health and Environment for review and approval_
Thisplan 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
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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, run-on control features, etc.
5) Demonstration that the facility has the ability to manage and/or
land apply manure and wastewater 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.
8) 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 Environmental Protection Services Division of the Weld County
Department of Public Health and Environment was unable to locate a
septic permit for the septic systems currently serving the existing home
located on the property. Any existing septic system(s)which is not
currently permitted through the Weld County Department of Public Health
and Environment must be permitted. Each unpermitted septic system will
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require an I.S.D.S. evaluation prior to the issuance of the required septic
permit(s). In the event the system(s) is found to be inadequate, the
system(s) must be brought into compliance with current I.S.D.S.
Regulations.
H. The facility shall demonstrate that the existing lagoon has been
constructed to meet the Ground Water Protection Requirements
described Section 81.4 of the CAFO Regulations.
The facility shall demonstrate compliance with Section 47 of the Weld
County Zoning Ordinance.
J. The plat shall be amended to delineate the following:
1) All oil and gas equipment located on the property and a setback
radius from any existing wells or equipment.
2) An additional 20 feet of right-of-way reservation for the future
build out of Weld County Road 74. Weld County Road 74 is
designated on the Transportation Plan Map as an arterial status
road, which requires a 100-foot right-of-way at full build out.
There is presently 60 feet of right-of-way. This road is maintained
by Weld County. Pursuant to the definition of setback in the Weld
County Zoning Ordinance, the required setback is measured from
future right-of-way line.
3. Prior to the release of building permits:
A. All barns and storage sheds shall be reviewed by the Weld County
Department of Building Inspection to determine whether a building permit
or a Certificate of Compliance is required.
B. All electrical work shall be permitted and inspected. This includes, but is
not limited to, site lighting and pumping equipment used to move liquids.
All electrical work shall meet the requirements of the 1999 National
Electrical Code (NEC). Wiring for any livestock containment buildings
shall meet the provisions of Article 547.
C. Primary residences shall have an engineered foundation. The foundation
shall be based on a geotechnical report or an open hole inspection
performed by a Colorado licensed engineer.
D. All buildings or structures shall maintain distances from property lines and
adjacent buildings as outlines in Section 503 and Table 5-A of the 1997
Uniform Building Code (UBC).
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E. Construction documents shall be submitted to the Galeton Fire District for
its review.
F. Additional requirements or changes may be required when building
applications or plans are reviewed by the Galeton Fire District or the
Weld County Department of Building Inspection.
4. 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, adopted
by the following vote on the 25th day of October, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: LW I� J t^� � EXCUSED
aBarbara J. K meyer, Chair
Weld County Clerk to th��oa % i" /////
'1CGI0 � /; 7' Fait.! � ---
� . J eile, Pro-Tem
BY: /_ . �I�i'l. --'
�f�z ---
Deputy Clerk to the B��T�nn, �� As!,
� ��`'
l�J NI E. Baxter
,AP VED A77
ORM: ��elt_
7 Dale K. Hall
unt ttor ey --
Glenn aad---
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JOHN JOHNSON
USR#1282
1. The Site Specific Development Plan and Use by Special Review Permit #1282 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 (11,240 head of cattle and 20 horses) 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 Control 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 District 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 Control 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 Control Regulations (5 CCR 1002-19).
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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 No. 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" as defined 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. Any deceased animals found on the lot shall be removed within 24 hours of discovery and
disposed of properly.
20. All construction on the property shall be in accordance with the requirements of the Weld
County Building Code Ordinance.
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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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. 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.
24. 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.
25. 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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