HomeMy WebLinkAbout991808.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Bearson Dairy, LLC Case Number USR-1231
Submitted or Prepared
Prior to At Hearing
Hearing
1 Planning Commission Resolution
2 Staff Comments(10 pages) X
3 Department of Planning Services field check form X
4 Letter to Applicant X
5 Legal Notifications (2 pages) X
6 Application (7 pages) X
7 Letters of Support(24 pages) X
8 Manure& Process Wastewater Management Plan (100 pages) X
9 Referral List X
10 Referral Letter X
11 Fort Lupton Fire District referral received 4/14/1999 X
12 Weld County Zoning Compliance referral received4/8/1999 X
13 Fort Lupton Planning Commission referral received 5/4/1999 X
14 Weld County Health Dept. referral received5/5/1999 (5 pages) X
15 Town of Firestone referral received 5/4/1999 X
16 Weld County Public Works Dept. referral received 5/5/1999 X
17 Weld County Extension referral received 4/28/1999 (2 pages) X
18 Dacono Planning Commission referral received 4/16/1999 X
19 Town of Frederick referral received 5/7/1999 X
20 8 1/2 X 11 maps submitted by applicant(5 pages) X
21 Maps (2 pages) X
22 Deeds (3 pages) X
23 Certificate of Conveyance (20 pages) X
24 Surrounding Property Owners (8 pages) X
25 Well and Septic Information (48 pages) X
26 Soil Survey (5 pages) X
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991808 :xi u s 1t. i
11-
Item submitted at planning commission
I hereby certify that the 26 items identified herein were submitted to the Department of Planning Services at
or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to
the Clerk to the Board's office.
d5a04/41-(MA,
Sheri Lockman + Planner
STATE OF COLORADO )
COUNTY OF WELD ) �✓�' 'J/
SUBSCRIBED and SWORN TO BEFORE ME THIS .Z gat-day of G� 19jt.
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1111€ LAND USE
SUMMARY S EETION
COLORADO
Case Number: USR-1231 Hearing Date: May 18, 1999
Applicant: Bearson Dairy, LLC, do Darrell Bearson
Address: 9743 WCR 16, Fort Lupton, Colorado
Request: A Site Specific Development Plan and a Special Review Permit for an
Agricultural Service Establishment for a Livestock Confinement Operation (Dairy)
and Animal Feeding Operation for 2500 head of cattle in the Agricultural Zone
District.
Legal Description: W2 SE4 & E2 SW4 of Section. 27, T2N, R67W of the 6th P.M., Weld
County, CO
Location: North of and adjacent to Weld County Road 16 and 1/4 mile east of Weld County
Road 19
Size of Parcel: 160 acres
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Section 24.3 of the Weld County
Zoning Ordinance.
The Department of Planning Services' staff has received responses from the following agencies:
• Dacono Planning Commission referral received 4/16/1999
• Fort Lupton Fire District referral received 4/14/1999
• Weld County Extension Services referral received 4/28/1999
• Weld County Zoning Compliance referral received 4/8/1999
• Weld County Health Department referral received 5/5/1999
• Weld County Public Works Department referral received 5/5/1999
• Fort Lupton Planning Commission referral received 5/4/1999
• Town of Firestone referral received 5/4/1999
• Town of Frederick referral received 5/7/1999
ggifs08
Page 2
/ ate SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW COLORADO
PLANNER: Sheri Lockman
CASE NUMBER: USR- 1231 HEARING DATE:May 18, 1999
APPLICANT: Bearson Dairy, LLC, do Darrell Bearson
ADDRESS: 9743 WCR 16, Fort Lupton, Colorado
REQUEST: A Site Specific Development Plan and a Special Review Permit for an Agricultural
Service Establishment for a Livestock Confinement Operation (Dairy) and Animal
Feeding Operation for 2500 head of cattle in the Agricultural Zone District.
LEGAL DESCRIPTION: W2 SE4 & E2 SW4 of Sec. 27, T2N, R67W of the 6th P.M., Weld
County, CO
LOCATION: North of and adjacent to Weld County Road 16 and 1/4 mile east of Weld County
Road 19
SIZE OF PARCEL: 160 acres
PARCEL NUMBER: 1311 27 300043 and 040
THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS
REQUEST 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, as amended.
2. It is the opinion of the Department of Planning Services's 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 maps indicate that the soils on this property are designated "prime"
and a very small area of "irrigated". A.Policy 1 states, "Agricultural zoning will be
a.
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established and maintained to protect and promote the County's agricultural
industry". The property currently is being farmed and utilized as a dairy.
b. Section 24.3.1.2 --That 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--That the USES which would be permitted will be compatible with
the existing surrounding land USES. Uses within the surrounding area are primarily
agricultural. There are no residential homes within 500 feet of the physical dairy
operations. Busker Dairy, permitted for 880 head of cattle is within one mile to the
west of this location. Conditions of approval and development standards will ensure
that any incompatibilities will be mitigated.
d. Section 24.3.1.4--That 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. The Fort Lupton Planning Commission
found no conflicts with their interests. Although the City of Dacono and the Town of
Frederick commented that this proposal does not comply with their Comprehensive
plan, they did not specify in their referral comments why the proposal does not
comply. The town of Firestone requested controls to mitigate the impacts of
incompatibilities between intensive agricultural uses and planned urban residential
uses. Planning Staff considers the Conditions of Approval and Development
Standards to be sufficient considering the area is located in a very rural area outside
the Firestone Urban Growth Boundary.
e. Section 24.3.1.5 - This proposal does not lie within any Overlay Districts.
f. Section 24.3.1.6--That if the USE is proposed to be located in the A-District, that the
applicant has demonstrated a diligent effort has been made to conserve prime
agricultural land in the locational decision for the proposed USE. This property is
designated as"prime", and a small area of"irrigated" as designated on the U.S.D.A.
Soils Map. The entire parcel is engaged in agriculture for a dairy or crop area.
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.
Page 4
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 Department of Planning Services's staff 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. (Planning Dept.)
2. Prior to recording the plat:
A) 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 2,500 head dairy, to the Weld County Health
Department for review and approval. Evidence of Weld County Health Department
approval shall be submitted to the Weld County Planning Department. 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 six (6) months of process waste water and the storm
water run-off generated from a twenty-five year, twenty-four hour storm
event. This shall be conducted by a Registered Professional Engineer.
(Health Dept.)
(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 Dept.)
(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 Dept.)
(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 Dept.)
(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 Dept.)
(I) In the event that the facility intends to land apply waste water or
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manure on property not under the ownership or control of the facility,
or if waste water or manure will be given or sold to individuals,
agreements shall be provided that demonstrate that the facility has
the ability to adequately dispose of all manure and waste water
generated on the site.
(6) Demonstration that adequate measures are in place to prevent any
discharges except those which are allowed by the CAFO Regulations.
(Health Dept.)
(7) Other necessary measures which are required in order to comply with the
CAFO Regulations. (Health Dept.)
B) 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. Evidence of Weld County Health Department
approval shall be submitted to the Weld County Planning Department. (Health
Dept.)
C) A dust abatement plan shall be submitted to the Weld County Health Department
for review and approval. Evidence of Weld County Health Department approval
shall be submitted to the Weld County Planning Department. (Health Dept.)
D) A fly control plan shall be submitted to the Weld County Health Department for
review and approval. Evidence of Weld County Health Department approval shall
be submitted to the Weld County Planning Department. (Health Dept.)
E) An odor control plan shall be submitted to the Weld County Health Department for
review and approval. Evidence of Weld County Health Department approval shall
be submitted to the Weld County Planning Department. (Health Dept.)
F) In the event the combined design hydraulic flow of the 7 existing and 7 proposed
trailers exceed 3,000 gallons per day (according to the Weld County ISDS
Regulations), the applicant 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). (Health Dept.)
G) A detailed landscaping plan to include a buffer between the cattle pens and
employee housing shall be submitted to the Department of Planning Services for
review and approval. The plan shall identifying the number, size and species of
landscaping materials/buffering materials, maintenance of the landscaping materials
and potential replacement of dying materials. The approved plan shall be delineated
on the plat map. (Planning Dept.)
H) The applicant shall submit a request to vacate USR-813 for a single family
residence. (Planning Dept.)
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Page 6
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. (Planning Dept.)
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Bearson Dairy, LLC c/o Darrell Bearson
USR-1231
1. The Site Specific Development Plan and a Special Review Permit is for an Agricultural Service
Establishment for a Livestock Confinement Operation (Dairy) and Animal Feeding Operation
for 2500 head of cattle in the 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 Dept.)
2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld
County Zoning Ordinance, as amended.(Planning Dept.)
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. (Health Dept.)
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 Dept.)
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 Dept.)
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 Dept.)
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 Dept.)
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 Dept.)
9. All construction on the property shall be in accordance with the requirements of the Weld
County Building Code Ordinance, as amended. (Planning and Health Dept.)
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 Dept.)
11. Wastes 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 Dept.)
12. The applicant shall remove, handle, and stockpile manure from the livestock area in a manner
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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 Dept.)
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 Health Department 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 Dept.)
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 Dept.)
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 Dept.)
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
Dept.)
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 Dept.)
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 Health Department 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 Health Department 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 Dept.)
17. Any septic system located on the property must comply with all provisions of the Weld County
Individual Sewage Disposal System Regulations. (Health Dept.)
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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 Dept.)
19. The facility shall be operated in accordance with the approved manure and waste water
management plan. (Health Dept.)
20. The number of mobile homes to be used for employees shall be limited to fourteen total, as
proposed in the application. Any additional accessory residential structures must obtain all
appropriate building and zoning permits. (Planning Dept.)
21. At such time the dairy operation should cease, the mobile homes, which are accessory to the
Special Review Permit, must be removed from the property or the appropriate zoning and
building permits shall be applied for and approved for the appropriate use. (Planning Dept.)
22. The 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 Dept.)
23. Bataa Oil, Inc. owns oil and gas leasehold rights under the lands of this Special Review Permit.
The property owner shall allow Bette Oil or any other mineral owner the right of ingress or
egress for the purposes of exploration development, completion, recompletion, re-entry,
production and maintenance operations associated with existing or future operations located
on these lands. (Planning Dept.)
24. The landscaping on site shall be maintained in accordance with the approved landscaping
plan. (Planning Dept.)
25. 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.
26. 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.
27. 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.
28. 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.
29. The property owner or operator shall be responsible for complying with all of the foregoing
(149/go ?
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Development Standards. Noncompliance with any of the foregoing Development Standards
may be reason for revocation of the Permit by the Board of County Commissioners.
'yc/SV
•
a DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3540
FAX (970) 352-6312
WELD COUNTY ADMINISTRATIVE OFFICES
hiDe
1400N. 17THAVENUE
GREELEY, COLORADO 80631
COLORADO
•
April 7, 1999
•
EnviroStock
Go Thomas Haren
11990 Grant St. #402
Denver, CO 80233
Subject: USR-1231 - Request for a A Site Specific Development Plan and a Use by Special Review for an
Agricultural Service Establishment for a Livestock Confinement Operation (Dairy) and Animal Feeding
Operation for 2500 head of cattle in the Agricultural Zone District on a parcel of land described as W2 SE4
& E2 SW4 of Section 27, T2N, R67W of the 6th P.M., Weld County, Colorado.
Dear Mr. Haren:
Your application and related materials for the request described above are being processed. I have scheduled a
meeting with the Weld County Planning Commission for May 18, 1999, at 1:30 p.m. This meeting will take place in
Room 101, Commissioner's Hearing Room, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. It is
recommended that you and/or a representative be in attendance to answer any questions the Planning Commission
members may have.
It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property
or if the property is located within the comprehensive planning area of a town or municipality. Therefore, our office has
forwarded a copy of the submitted materials to the Town of Dacono, Town of Firestone, Town of Frederick, and the City
of Fort Lupton Planning Commission for its review and comments. Please call Town of Dacono at(303)833-2317, Town
of Firestone at (303)833-3291, Town of Frederick at(303)833-2388, and the City of Fort Lupton at(970)346-0326 for
further details regarding the date, time, and place of this meeting. It is recommended that you and/or a representative
be in attendance at the Town of Dacono, Town of Firestone, Town of Frederick, and the City of Fort Lupton Planning
Commission meeting to answer any questions the Commission members may have with respect to your application.
A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to
the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing
time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign
will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway
(access drive) intersects a publicly maintained road right-of-way.
The Department of Planning Services'staff will make a recommendation concerning this application to the Weld County
Planning Commission. This recommendation will be available twenty-four (24) hours before the scheduled hearing.
It is the responsibility of the applicant to call the Department of Planning Services'office before the Planning Commission
hearing to make arrangements to obtain the recommendation.
If you have any questions concerning this matter, please call.
Respectfully,
J
Sheri Locltman
Planner q9/ s-61
FIELD CHECK inspection date: 4/27/1999
CASE NUMBER: USR-1231
APPLICANT: Bearson Dairy, LLC, c/o Darrell Bearson
LEGAL DESCRIPTION: W2 SE4 & E2 SW4 of Section. 27, T2N, R67W
of the 6th P.M., Weld County, CO
LOCATION: North of and adjacent to Weld County Road 16 and 1/4 mile
east of Weld County Road 19
Zoning Land Use
N A(Agricultural) N Agricultural / Residential
E A(Agricultural) E Agricultural / Residential
S A(Agricultural) S Agricultural / Residential
W A(Agricultural) W Agricultural / Residential
COMMENTS: No residences are within 500 feet of the property boundary. Busker
Dairy is in the mile section directly to the west. The dairy had very little smell or
flies. Area is very rural in nature.
IGWA
Sheri Lockman, Planner
99/ o*
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