HomeMy WebLinkAbout970972.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Jack Epple 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-1144
NAME: Richard Podtburg
ADDRESS: 12673 WCR 66, Greeley, CO 80631
PLANNER: Chris Goranson
REQUEST: A Site Specific Development Plan and Special Review Permit for a 2000 head dairy in the A
(Agricultural) District.
LEGAL DESCRIPTION: The W2 of the SE4 of Section 19, T6N, R66W of the 6th P.M., Weld
County, Colorado.
LOCATION: North of and adjacent to WCR 66; west of and adjacent to WCR 27.
ACRES: 80 acres, more or less.
be recommended favorably to the Board of County Commission 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 Planning Commission that the applicant has shown compliance with Section 24.3 of
the Weld County Zoning Ordinance as follows:
A) Section 24.3.1.1- This proposal is consistent with the Weld County Comprehensive Plan and is
provided for as a Use by Special Review. This proposal is for a maximum 2000 head dairy. Two
residences currently exist on the property, and are used in conjunction with the agricultural use. The
request is consistent with A.Goal 1 which is to preserve prime farmland for agricultural purposes which
foster the economic health and continuance of agriculture.
B) Section 24.3.1.2- The proposal is consistent with the intent of the district in which the use is located.
This proposal is located within the A (Agricultural) District, which allows for confined animal uses
above the maximum number of animals permitted in the A (Agricultural) District subject to the approval
of a Use by Special Review permit. This proposal is consistent with the Agricultural Goals and Policies
to support, preserve, and promote the county's agricultural industry as stated in A.Policy 1.
C) Section 24.3.1.3- The use will be compatible with future development of the surrounding area and with
future development. The surrounding properties are located in the A (Agricultural) District, and
predominantly single family dwelling uses along with various agricultural uses. The site is not located
within Greeley's Long -Range Expected Growth Area, and while there are subdivisions in the area, the
majority of ground is still predominantly utilized for agricultural practices. The Conditions of Approval
and Development Standards ensure that the proposed uses shall remain compatible with the existing
surrounding land uses.
D) Section 24.3.1.4 -The proposed uses will be compatible with future development of the surrounding
area as permitted by the A (Agricultural) District. While some nearer areas are becoming increasingly
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RESOLUTION, USR-1144
Richard Podtburg
Page 2
urban in use, it is in the interest of the county to continue to foster agricultural growth in the Agricultural
District, consistent with its historical use and allowed under the zone district. Windsor and
Severancehave both indicated no conflict of interest with the proposed use. Greeley has indicated
approval of this request with conditions in a letter dated April 11, 1997. A copy of the letter is attached
to this recommendation. All immediate surrounding properties are currently zoned A (Agricultural),
and consistent with typical agricultural uses and rural in nature.
E) Section 24.3.1.50 This proposal is not located within the Overlay District Areas as defined by maps
officially adopted by Weld County.
F) Section 24.3.1.6- The applicant has demonstrated a diligent effort has been made to conserve
productive agricultural land in the locational decision for the proposed use. The site is already being
utilized as a dairy, and is considered a use common to the county's agricultural industry.
G) Section 24.3.1.7- The Design Standards (Section 24.5 of the Weld County Zoning Ordinance, as
amended), Operation Standards (Section 24.6 of the Weld County Zoning Ordinance, as amended),
Conditions of Approval and Development Standards shall ensure adequate provision for the protection
of the health, safety, and welfare of the inhabitants of the neighborhood and the county.
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 applicant shall submit a plan to the Public Works Department for review and approval to mitigate any
increase in dust created by the dairy operation on WCR 66. A copy of the plan shall be submitted to the
Department of Planning Services.
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 run-off and
process waste water handling plan, for a 2,000 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 all waste water retention structures have been constructed with a lining
material which does not exceed a seepage rate of 1/32" \day (1 X 10s cm/sec). This shall be
conducted by a Registered Professional Engineer.
Demonstration that the facility has the ability to manage and land apply manure and waste water
at agronomic rates in accordance with the CAFO Regulations. This also includes demonstrating
that agreements are in place in the event manure or waste water is hauled off of the site.
(4) The schedule at which manure and waste water will be removed and applied to the land.
(3)
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RESOLUTION, USR-1144
Richard Podtburg
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(5) Demonstration that adequate measures are in place to prevent any discharges except those
which are allowed by the CAFO Regulations.
(6) 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.
A copy of the plan shall be submitted to the Department of Planning Services.
D. An odor abatement plan shall be submitted to the Weld County Health Department for review and
approval. A copy of the plan shall be submitted to the Department of Planning Services.
E. The facility shall demonstrate compliance with Section 47 of the Weld County Zoning Ordinance, as
amended.
F. According to the submitted materials there are two (2) existing homes on the site. The Weld County
Health Department does not have a permit for either of the septic systems serving these homes. Both
of these systems must be permitted. Any existing septic system which is not currently permitted
through the Weld County Health Department will require an I.S.D.S. Evaluation prior to the issuance
of the required septic permit. In the event the system(s) is found to be inadequate, the system(s) must
be brought into compliance with current l.S.D.S. regulations.
G. In accordance with the CAFO Regulations, the applicant shall submit the facility's manure and waste
water management plan to the Water Quality Control Division of the Colorado Department of Public
Health & Environment.
3. 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 plat shall be delivered to the Department of Planning
Services and ready for recording in the Weld County Clerk and Recorder's office within 15 days of
approval by the Board of County Commissioners.
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.
Motion seconded by Marie Koolstra.
VOTE:
For Passage
Glenn Vaad
Fred Walker
Marie Koolstra
Jack Epple
Shirley Camenisch
Arlan Marrs
Against Passage
Rusty Tucker
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RESOLUTION, USR-1144
Richard Podtburg
Page 4
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 April 15, 1997.
Dated the 15th of April, 1997
cidetfitaka
Tammie Pope
Secretary
970972
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Richard Podtburg
USR-1144
1. The Site Specific Development Plan and Special Use Permit is for a 2000 head dairy 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.
3. The operation shall comply with all aspects of the approved manure and waste water management plan.
4. The facility shall operate in compliance with the Confined Animal Feeding Operations Control Regulations
(5 CCR 1002-19) and Weld County Zoning Ordinance, Section 47.
5. All liquid an solid wastes shall be stored and removed for final disposal in a manner that protects against
surface and groundwater contamination.
6. The facility shall not discharge to surface or groundwater with exception to what is allowed by the
Confined Animal Feeding Operations Control Regulations.
7. No permanent disposal of solid wastes, as defined in the Regulations Pertaining to Solid Waste Disposal
Sites and Facilities (6 CCR 1007-2), shall be permitted at this site.
8. 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.
9. Fugitive dust shall be controlled on this site.
10. The facility shall be operated in a manner to control flies. The 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. This plan shall be
implemented 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 Health Officer, there exists a fly
condition requiring abatement.
11. The facility shall maintain records on -site, which are at all times available for inspection during business
hours, and which demonstrate the following:
A. That the manure storage areas and waste water collection, storage, and land application facilities are
adequately constructed, and sized to handle a twenty-five year twenty-four hour storm. These shall
include construction as -built, engineered drawings, laboratory results, etc.
B. The schedule in which manure and waste water is removed and applied to land. This should also
include any agreements between the facility and other parties concerning the removal of manure off -
site 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
is used to ensure that agronomic rates are not exceeded.
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DEVELOPMENT STANDARDS, USR-1144
Richard Podtburg
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D. Other records which demonstrate that the facility is operating in accordance with the CAFO
Regulations.
E. The liner for all process waste water retention structures has been constructed of low permeability
materials so as not to exceed a seepage rate of 1/32"/day (1 X 10-6 cm/sec).
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 and composting 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 Operation
Control Regulation (5 CCR 1002-19).
13. The facility shall be operated in a manner which controls odor. The odor abatement plan shall be
implemented in the event that odor detected offsite equals or exceeds 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.
14. Any septic system located on the property must comply with all provisions of the Weld County Individual
Sewage Disposal System Regulations.
15. All construction on the properly shall be in accordance with the requirements of the Weld County Building
Code Ordinance, as amended.
16. 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.
17. 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.
18. The property owner or operator shall be responsible for complying with the Supplementary Regulations
of Section 45.3 of the Weld County Zoning Ordinance, as amended.
19. 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.
20. 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 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.
21. 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.
22. The number of exits from this parcel onto 83rd Avenue/Weld County Road 27 shall be limited to two.
970972
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