HomeMy WebLinkAbout20002415.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Michael Miller that the following resolution with the addition of a Development Standard and
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-1282
APPLICANT: John Johnson, 23016 WCR 74, Eaton, CO 80651
c/o AgPro Environmental Services, LLC (Sharyn Frazer),
2057 Alpine Sky Drive,
Berthoud, CO 80513
ADDRESS: 23016 WCR 74, Eaton, CO 80651
REQUEST: A Site Specific Development Plan and a Special Review Permit 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)
LEGAL DESCRIPTION: Lot B of AmRE-499, being part of the NW4 of Section 1,T6N, R65W of the
6th P.M., Weld County, Colorado
LOCATION: East of and adjacent to WCR 47, South and adjacent to WCR 74, approximately four(4)
miles east of the Town of Eaton
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 indicates that the
soils on the majority of this property are designated "irrigated, not prime"and a small strip
through the center of the parcel 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 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.
EXHIBIT
�� 2000-2415
RESOLUTION, USR-1282
John Johnson
Page 2
Feeding operations have been occurring on the subject property since at least 1973 under
SUP-201 and SUP-450. Originally,SUP-201 was approved for 9000-11,000 head of lambs
and 500-1000 head of cattle. The permit was revised in 1975 to include 480 hogs. In 1980,
the applicant applied for a new permit (SUP-450) for a swine operation and limited the
number of hogs to 1500, at any one time. Although it appears that these permits were for
approximately the same legal description,the original permit(SUP-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. Conditions of
Approval and Development Standards will ensure that any incompatibilities will 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 not within a three mile referral area of any town. The Town
of Eaton is approximately four miles west of this proposal.
e. Section 24.3.1.5 --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"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 special
review area is on the "other lands". The special review area 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. (Department
of Planning Services)
2. Prior to recording the plat:
A. A letter shall be submitted by the property owner requesting the vacation of both SUP-201
and SUP-450. (Department of Planning Services)
RESOLUTION, USR-1282
John Johnson
Page 3
B. The facility shall demonstrate compliance with the Confined Animal Feeding Operations
Control (CAFO) Regulation 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. 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 sized and constructed to handle
and retain the storm water run-off generated from a twenty-five year, twenty-four
hour storm event.This shall be conducted by a Colorado Registered Professional
Engineer. (Department of Public Health and Environment)
(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 Colorado Registered
Professional engineer. (Department of Public Health and Environment)
(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. (Department of Public Health and
Environment)
(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. (Department of Public Health and Environment)
(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.
(Department of Public Health and Environment)
(6) Demonstration that adequate measures are in place to prevent any discharges
except those which are allowed by the CAFO Regulations. (Department of Public
Health and Environment)
(7) Other necessary measures which are required in order to comply with the CAFO
Regulations. (Department of Public Health and Environment)
(8) A description of the types of records that will be maintained on the facility, as
required by the CAFO Regulations. (Department of Public Health and
Environment)
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. (Department of Public Health and Environment)
D. A dust abatement plan shall be submitted to the Weld County Department of Public Health
and Environment for review and approval. (Department of Public Health and Environment)
E. A fly control plan shall be submitted to the Weld County Department of Public Health and
Environment for review and approval. (Department of Public Health and Environment)
RESOLUTION, USR-1282
John Johnson
Page 4
F. An odor control plan shall be submitted to the Weld County Department of Public Health
and Environment for review and approval. (Department of Public Health and Environment)
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 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. (Department of Public Health and Environment)
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.
(Department of Public Health and Environment)
The facility shall demonstrate compliance with Section 47 of the Weld County Zoning
Ordinance. (Department of Planning Services, Department of Public Health and
Environment)
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. (Department of Planning Services)
2) An additional 20 feet of right-of-way reservation for the future build out of Weld
County Road 74.
Note: 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 foot 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. (Department of Public
Works)
3. Prior to the release of building permits:
A. All barns and storage sheds shall be reviewed by the Weld County Building Department to
determine whether a building permit or a Certificate of Compliance is required. (Weld
County Building Inspections)
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. (Weld County Building
Inspections)
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 licensed Colorado
Engineer. (Weld County Building Inspections)
RESOLUTION, USR-1282
John Johnson
Page 5
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). (Weld County Building Inspections)
E. Construction documents shall be submitted to the Galeton Fire District for their review.
(Weld County Building Inspections)
F. Additional requirements or changes may be required when building applications or plans
are reviewed by the Galeton Fire District or the Weld County Building Inspection
Department. (Weld County Building Inspections)
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. (Department of Planning Services)
Motion seconded by Cathy Clamp.
VOTE:
For Passage Against Passage Absent
Cristie Nicklas Fred Walker
John Folsom Arlan Marrs
Michael Miller
Bryant Gimlin
Jack Epple
Stephen Mokray
Cathy Clamp
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 September 5, 2000.
Dated the 51h of September, 2000.
Trisha Swanson
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
John Johnson, do AgPro Environmental Services LLC
USR-1282
1. The Site Specific Development Plan and Special Use Permit 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 in the Department of Planning Services and subject to the Development Standards stated
hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County
Zoning Ordinance, as amended. (Department of Planning Services)
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. (Department of Public Health and Environment)
4. All liquid and solid waste shall be stored and removed for final disposal in a manner that protects
against surface and groundwater contamination. (Department of Public Health and Environment)
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. (Department of Public Health
and Environment)
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. (Department
of Public Health and Environment)
7. This facility shall adhere to the maximum permissible noise levels allowed in the Light Industrial
Zone as delineated in 25-12-103 C.R.S., as amended. (Department of Public Health and
Environment)
8. Any required NPDES Permit shall be maintained in compliance with the Water Quality Control
Division of the Colorado Department of Public Health&Environment. (Department of Public Health
and Environment)
9. 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.
(Department of Public Health and Environment)
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. (Department of Public Health and Environment)
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 Confined Animal
Feeding Operations Control Regulation (5 CCR 1002-19). (Department of Public Health and
Environment)
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 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. (Department of Public Health and Environment)
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. (Department of Public Health and Environment)
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
(associated with facility)complaints,and in the judgement of the Weld County Health Officer,there
exists a fly condition requiring abatement. (Department of Public Health and Environment)
15. Any septic system located on the property must comply with all provisions of the Weld County
Individual Sewage Disposal System Regulations. (Department of Public Health and Environment)
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. (Department of Public Health and Environment)
17. The facility shall be operated in accordance with the approved manure and waste water
management plan. (Department of Public Health and Environment)
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. (Department of Planning Services)
19. Any deceased animals found on the lot shall be removed within 24 hours of discovery and disposed
of properly. (Department of Planning Services)
20. All construction on the property shall be in accordance with the requirements of the Weld County
Building Code Ordinance, as amended. (Weld County Building Inspections)
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, as amended. (Department of Planning
Services)
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, as amended. (Department of Planning
Services)
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 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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