HomeMy WebLinkAbout981931.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
#1195 FOR A DAIRY AND AGRICULTURAL SERVICE ESTABLISHMENT FOR A
LIVESTOCK CONFINEMENT OPERATION FOR 5,000 HEAD OF CATTLE - BELLA
HOLSTEINS, % GARY HENRICKSON
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 30th day
of September, 1998, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Bella Holsteins, % Gary Henrickson, 13278 Weld County Road 32,
Platteville, Colorado 80651, for a Site Specific Development Plan and Special Review Permit
#1195 for a Dairy and Agricultural Service Establishment for a Livestock Confinement Operation
for 5,000 head of cattle on the following described real estate, to-wit:
Sections 19 and 20, Township 3 North, Range 66
West of the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing on September 30, 1998, the Board deemed it advisable to
continue said matter to October 7, 1998, at 10:00 a.m. to allow the Board adequate time to visit
the site, and
WHEREAS, at said hearing on October 7, 1998, the applicant was represented by
Thomas Haren, EnviroStock, Inc., 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 -- That the proposal is consistent with the Weld County
Comprehensive Plan. A.Goal 1 states to 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 other lands and prime if irrigated. The property
currently is being farmed and utilized as a dairy. A.Policy 1 states
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SPECIAL REVIEW PERMIT#1195 - BELLA HOLSTEINS, C/O GARY HENRICKSON
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Agricultural zoning will be established and maintained to protect and
promote the County's agricultural industry.
b. Section 24.4.2.2 -- 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.
c. Section 24.4.2.3 -- That the uses which would be permitted will be
compatible with the existing surrounding land uses. The surrounding
land uses are primarily agricultural and the dairy has been operating on
this site since at least 1969. The expansion of the dairy will remain
compatible with surrounding land uses.
d. Section 24.4.2.4 -- 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. Although
the Town of Platteville commented that this proposal is not consistent with
their Comprehensive Plan, this proposal is located outside of their Urban
Growth Boundary, but within the IGA boundary area. The Town of
Platteville did not specify in their referral comments, why the proposal was
not consistent with their Comprehensive Plan. In accordance with Section
4.3 (h)ii, it is the opinion of Department of Planning Service's staff, that
suitable mitigation measures to be imposed by the County as Conditions
of Approval will eliminate or adequately mitigate adverse consequences of
incompatibility or conflict. The Conditions of Approval and Development
Standards will ensure the health, safety and welfare of the citizens of
Weld County.
e. Section 24.4.2.5 -- This proposal does not lie within any Overlay Districts.
f. Section 24.4.2.6 -- That if the use is proposed to be located in the
A (Agricultural) Zone District, that 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, if
irrigated, and other lands as designated on the U.S.D.A. Soils map. In
addition, the area is limited because of soil types and topography. Corn
is being grown on part of the property.
g. Section 24.4.2.7 -- That 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.
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SPECIAL REVIEW PERMIT#1195 - BELLA HOLSTEINS, CIO GARY HENRICKSON
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Bella Holsteins, % Gary Henrickson for a Site Specific
Development Plan and Special Review Permit#1195 for a Dairy and Agricultural Service
Establishment for a Livestock Confinement Operation for 5,000 head of cattle on the
hereinabove described parcel of land be, and hereby is, granted subject to the following
conditions:
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.
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, for a 5,000 head dairy, to the Weld County Health
Department 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.
(2) Demonstration that any existing or proposed waste water retention
structure has, or will be, constructed in accordance with the criteria
described in the CAFO Regulations. This 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.
(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 waste water at agronomic rates in
accordance with the CAFO Regulations.
(6) Demonstration that adequate measures are in place to prevent
any discharge except those which are allowed by the CAFO
Regulations.
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SPECIAL REVIEW PERMIT#1195 - BELLA HOLSTEINS, CIO GARY HENRICKSON
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(7) Other necessary measures which are required in order to comply
with the CAFO Regulations.
B. The facility shall demonstrate compliance with Section 47 of the Weld
County Zoning Ordinance.
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.
D. The Weld County Health Department was unable to find septic permits for
the septic systems serving the existing housing units, the office, or the
hospital. Any existing septic system(s) which is not currently permitted
through the Weld County Health Department will require an ISDS
evaluation. In the event the system(s) is found to be inadequate, the
system(s) must be brought into compliance with the current Individual
Sewage Disposal System Regulations.
1) The septic systems serving the office and the hospital must be
reviewed by a Colorado Registered Professional Engineer. The
review shall consist of observation of the system and a technical
review describing the systems ability to handle the proposed
hydraulic load. The review shall be submitted to the
Environmental Protection Division of the Weld County Health
Department. In the event the system is found to be inadequate, it
shall be brought into compliance with current regulations.
E. The applicant shall submit to the Department of Planning Services,
evidence of an adequate water supply for the property.
F. The applicant shall provide documentation to the Department of Planning
Services, of all easements and rights-of-way that would pertain to the
section line between Sections 19 and 20. If there is an easement or right-
of-way on the section line, it must be delineated on the plat map. If an
easement or right-of-way is determined, the appropriate agency/agencies
shall be contacted.
G. The applicant shall delineate on the plat, a Traffic Circulation Plan
throughout the site and adequate parking to accommodate all users.
H. All accesses utilizing the facility shall be graded and drained all weather
access.
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.
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SPECIAL REVIEW PERMIT#1195 - BELLA HOLSTEINS, CIO GARY HENRICKSON
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 7th day of October, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO,
ATTEST:
Constance L. H ert, Chair
Weld County Clerk tq"th 7 y
c� e y„ ' W. . bster, Pro-T7
BY: Co.¢cattti.J
Deputy Clerk to the
- orge . Baxter
AP D AS T FORM:
Dal K. Hall
y Atto ney G
Barbara J. Kirkmeyer
981931
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
BELLA HOLSTEINS, CIO GARY HENRICKSON
USR#1195
1. The Site Specific Development Plan and Special Use Permit#1195 is for a Dairy and
Animal Feeding Operation for 5,000 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.
2. Approval of this plan may create a vested property right pursuant to Section 90 of the
Weld County Zoning Ordinance, as amended.
3. Fugitive dust shall be controlled on this site. The facility shall be operated in accordance,
at all times, with the Dust Abatement Plan included in the application materials. The
Dust Abatement Plan is included in the document, titled Management Plan for Nuisance
Control, dated May 30, 1998.
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 Confined Animal Feeding Operations Control
Regulations (5 CCR 1002-19) and Section 47 of the Weld County Zoning Ordinance, as
amended.
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., as amended.
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 run-off or other waste waters to surface or groundwater
with exception to what is allowed by the Confined Animal Feeding Operations 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 Confined Animal Feeding
Operations Control Regulation (5 CCR 1002-19).
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DEVELOPMENT STANDARDS - BELLA HOLSTEINS % GARY HENRICKSON (USR #1195)
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12. The facility shall be operated in a manner that controls odors. The facility shall operate,
at all times, in accordance with the Odor Abatement Plan provided in the application
materials. The Odor Abatement Plan is included in the document, titled Management
Plan for Nuisance Control, dated May 30, 1998. 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. Additional odor
controlling measures 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.
13. 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.
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.
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.
14. 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.
15. The facility shall be operated in a manner to control flies. The facility shall be operated in
accordance, at all times, with the Pest Control Plan included in the application materials.
The Pest Control Plan is included in the document, titled Management Plan for Nuisance
Control, dated May 30, 1998. Additional fly control measures shall be implemented at
the request of the Weld County Health Department in the event flies (which can be
determined to be associated with the facility) are in such a number to be considered a
nuisance condition or in the event the Weld County Health Department 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.
16. Any septic system located on the property must comply with all provisions of the Weld
County Individual Sewage Disposal System Regulations.
17. 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.
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DEVELOPMENT STANDARDS - BELLA HOLSTEINS % GARY HENRICKSON (USR#1195)
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18. The facility shall be operated in accordance with the approved Manure and Waste Water
Management Plan.
19. At such time the dairy operation should cease, the four-plex which is 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.
20. 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.
21. All construction on the property shall be in accordance with the Weld County Building
Code Ordinance.
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 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.
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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