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RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
#1151 FOR FOR A LIVESTOCK CONFINEMENT OPERATION CONSISTING OF A
6000 -HEAD DAIRY (2500 MILKING -COW HERD) WITH THREE OFFICE BUILDINGS
AND 29 ACCESSORY -TO -THE -FARM DWELLINGS IN THE A (AGRICULTURAL)
ZONE DISTRICT - GREGERSON
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 July, 1997, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing
the application of Francis Gregerson, 5484 Weld County Road 22, Longmont, Colorado 80504,
for a Site Specific Development Plan and Special Review Permit #1151 for a livestock
confinement operation consisting of a 6000 -head dairy (2500 milking -cow herd) with three office
buildings and 29 accessory -to -the -farm dwellings in the A (Agricultural) Zone District on the
following described real estate, to -wit:
NW%, W% NE'/ and NW% SE'/ of Section 12,
Township 2 North, Range 68 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, said applicant was represented by Mike Morgan, Attorney, at said hearing,
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
met the requirements of Sections 24.4.2, 24.5 and 24.6 of the Weld County
Zoning Ordinance.
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SPECIAL REVIEW PERMIT #1151 - GREGERSON
PAGE 2
3. It is the opinion of the Board of County Commissioners that the applicant filed his
application prior to the execution of Ordinance No. 195; therefore, the
Intergovernmental Agreement (IGA) between Firestone, Frederick, Dacono, and
Weld County as represented in said Ordinance is not applicable.
4. It is also the opinion of the Board of County Commissioners that the IGA
between the above listed entities was derived for new development in the area,
and does not cover expansion of uses which were already in the area.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Francis Gregerson for a Site Specific
Development Plan and Special Review Permit #1151 for a livestock confinement operation
consisting of a 6000 -head dairy (2500 milking -cow herd) with three office buildings and 29
accessory -to -the -farm dwellings in the A (Agricultural) Zone District 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 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
certified by a Registered Professional Engineer.
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SPECIAL REVIEW PERMIT #1151 - GREGERSON
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2. Demonstration that any waste water retention structure
constructed after August 30, 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 certified 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
apply manure and waste water to land 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 and water available to implement dust control as required by
the Weld County Health Department.
A fly control plan shall be submitted to the Weld County Health
Department for review and approval.
An odor abatement plan shall be submitted to the Weld County Health
Department for review and approval.
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SPECIAL REVIEW PERMIT #1151 - GREGERSON
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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 and
Bataa Oil, Inc., have been addressed.
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 applicant and Department of Public Works will work to reduce the number of
accesses on Weld County Roads 24 and 11, and the access and internal
circulation plan shall be approved by the Board of County Commissioners. The
plan shall allow flexibility to utilize existing accesses without adding new
accesses
4. Prior to the release of building permits, all accessory residences shall obtain the
appropriate Certificate of Compliance, in order for the Department of Planning
Services to ensure that future residences meet the intent of the Weld County
Zoning Ordinance.
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SPECIAL REVIEW PERMIT #1151 - GREGERSON
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 30th day of July, A.D., 1997.
ATTEST:
Weld County Clerk to the Board
BY
AP
BOARD OF COUNTY COMMISSIONERS
VV7 UNTY,iCOLORAI�1
George E. Baxter, Chair
Dale K. Hall
EXCUSED DATE OF SIGNING (AYE)
Barbara J. Kirkmeyer
W. H. Webster
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
GREGERSON
USR #1151
1. The Site Specific Development Plan and Special Use Permit is for a livestock
confinement operation consisting of a 6,000 -head dairy (2,500 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 the Confined Animal Feeding Operations
Control Regulation (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.
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. 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
Regulation.
11. 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.
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DEVELOPMENT STANDARDS - GREGERSON (USR #1151)
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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 Regulation. The odor
abatement plan shall be implemented at the request of the Weld County Health
Department in the event odor levels detected off -site 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.
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 ensure that agronomic rates are
not exceeded.
15. In accordance with the Confined Animal Feeding Operations Control Regulation
(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
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DEVELOPMENT STANDARDS - GREGERSON (USR #1151)
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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 Regulation.
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.
22. Any existing or future residence will be connected to public water for in-house use.
23. 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.
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DEVELOPMENT STANDARDS - GREGERSON (USR #1151)
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24. 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.
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