HomeMy WebLinkAbout971830.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Stephen Mokray that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR-1151
APPLICANT: Francis Gregerson
ADDRESS: 5484 Weld County Road 22
Longmont, Colorado 80504
PLANNER: Kern Keithley
REQUEST: A Site Specific Development Plan and a Special Review Permit for a livestock confinement-
operation consisting of a 6,000 head dairy (2500 milking -cow heard) with three office bufidings
and 29 accessory to the farm dwellings in the A (Agricultural) Zone District.
LEGAL DESCRIPTION: NW4, W2 NE4 and NW4 SE4 of Section 12, T2N, R68W of the 6th P.M., Weld
County, Colorado.
LOCATION: South of & adjacent to Weld County Road 24, east of & adjacent to Weld County Road 11.
Size of Parcel: 280 +1- acres.
Be recommended favorably to the Board of County Commissioners.
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 15 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) Regulation. This shall be demonstrated by submitting a comprehensive
manure and waste water handling plan, for a 6,000 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 (including the pump), 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 waste water retention structure constructed after August 30,
971830
RESOLUTION, USR-1151
Francis Gregerson
Page 2
1992, has been constructed with a lining material which does not exceed a seepage
rate of 1/32"/day (1x1O6 cm/sec). 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 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. A dust abatement plan shall be submitted to the Weld County Health Department for review
and approval. The facility shall have sufficient equipment available to implement dust control
as required by the Weld County Health Department.
C. A fly control plan shall be submitted to the Weld County Health Department for review and
approval.
D. An odor abatement plan shall be submitted to the Weld County Health Department for review
and approval.
E. The facility shall demonstrate compliance with Section 47 of the Weld County Zoning
Ordinance.
F. 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.
G. The Special Review Plat map shall be amended to show the following:
1. An additional ten (10) foot right-of-way shall be reserved along Weld County Road
24 to accommodate future road expansions.
2. The plat map shall adhere to the map requirements of Section 24.7.4 of the Weld
County Zoning Ordinance.
H. The applicant shall submit evidence to the Department of Planning Services that the concerns
from the St. Vrain Valley School have been addressed.
The applicant shall submit evidence to the Department of Planning Services that the concerns
from Patina Oil and Gas Corporation have been addressed.
971830
RESOLUTION, USR-1151
Francis Gregerson
Page 3
J. 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.
3. The three access points along Weld County Road 24 and the one access point off of Weld County
Road 11, as delineated in the referral drawing from Public Works, shall be closed.
4. All employee housing shall access onto an internal road system. Any future housing accesses shall
be incorporated into an existing internal road system with no additional direct access onto the county
road.
5. Future employee housing, as identified on the Special Review Plat map, shall occur in proportion to
the increase of animal units on the site.
Motion seconded by Shirley Camenisch.
VOTE:
For Passage Against Passage
Cristie Nicklas
Fred Walker
Marie Koolstra
Jack Epple
Rusty Tucker
Stephen Mokray
Shirley Camenisch
Arlan Marrs
The Chairman declared the resolution passed and ordered that a certified copy be forwarded with the file of
this case to the Board of County Commissioners for further proceedings.
CERTIFICATION OF COPY
I, Tammie Pope, 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 June 17, 1997.
Dated the 17th of June, 1997
Tammie Pope
Secretary
971030
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Gregerson, USR-1151
The Site Specific Development Plan and Special Use Permit is for a livestock confinement operation
consisting of a 6,000 head dairy (2500 milking -cow heard) with three office buildings and 29 accessory
to the farm dwellings 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 approved dust abatement plan.
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 industrial limit of 80 db(A), measured
according to Section 25-12-102, C.R.S.
Any required NPDES Permit shall be maintained in compliance with the Water Quality Control Division
of the Colorado Department of Public Health & Environment.
9. All construction on the property shall be in accordance with the requirements of the Weld County
Building Code Ordinance, as amended.
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.
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.
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 Confined Animal Feeding
Operations Control Regulation (5 CCR 1002-19).
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.
971830
DEVELOPMENT STANDARDS, USR-1151
Francis Gregerson
Page 2
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.
B. The manner in which manure and waste water will be 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.
15. In accordance with the Confined Animal Feeding Operations Control Regulations (CAFO), cattle shall
not be allowed to directly access any waters of the state (as defined by CAFO).
16. The facility shall be operated in a manner to control flies. The fly control plan 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.
17. Prior to enlarging any existing septic system or installation of a new septic system the applicant must
meet all requirements of the Site Application Process (5 CCR 1002-12). A Site Application must be
submitted to the Water Quality Control Division of the Colorado Department of Public Health and
Environment (CDPHE). The applicant must meet all criteria of the CDPHE.
A. Any septic system located on the property must comply with all provisions of the Weld County
Individual Sewage Disposal System Regulations.
B. Any future septic system which will serve any commercial type structure, i.e. offices, etc. shall
be designed by a Colorado Registered Professional Engineer according to the Weld County
Individual Sewage Disposal Regulations.
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.
19, 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.
20. 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.
21 _ Personnel from the Weld County Health Department and Weld County Department of 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 hereon and all
applicable Weld County regulations.
971a70
DEVELOPMENT STANDARDS, USR-1151
Francis Gregerson
Page 3
22. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing
standards and all applicable Weld County regulations. Major 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.
23. 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.
Note: Development standard #17 is the result of the close proximity of the existing and proposed homes and
because the design hydraulic flow from each existing cluster of homes already exceeds 2,000
gallons/day. According to both the Weld County I.S.D.S. Regulations and the Colorado Guidelines on
Individual Sewage Disposal Systems, 25-10-101, C.R.S., as amended, this site is subject to the site
application process.
9710:3
Hello