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Home My WebLink About970061.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Cristie Nickles 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-1133 APPLICANT: Mike Faulkner -' ADDRESS: 300 E. 16th Street#31, Greeley, CO 80631 PLANNER: Kerri D. Keithley REQUEST: A Site Specific Development Plan and a Special Review Permit for a 2500 head dairy with three additional accessory to the farm mobile homes in the A(Agricultural) Zone District. LEGAL DESCRIPTION: The SW4 of Section 29, T7N, R64W of the 6th P.M.,Weld County, Colorado. LOCATION: North of and adjacent to Weld County Road 76, east of and adjacent to Weld County Road 51. SIZE OF PARCEL: 160 acres. PARCEL NUMBER: 0711 29 000025 be recommended favorably to the Board of County Commissioners 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 Planning Commission 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 —This proposal is consistent with the Weld County Comprehensive Plan, as amended. This proposal is for a maximum 2,500 head dairy and feed production on the site, all of which are agricultural uses consistent with A.Goal 1 and O.Goal 1 of the Weld County Comprehensive Plan, as amended by ensuring the preservation of prime farmland for agricultural purposes which will foster the economic health and continuance of agriculture. b. Section 24.3.1.2 -- This proposal is consistent with the intent of the A (Agricultural) zone district. The property is zoned Agricultural and the proposed uses are provided for by 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. c. Section 24.3.1.3—The proposal is consistent with Section 24.3.1.3 of the Weld County Zoning Ordinance, as amended and will be compatible with future development of the surrounding area. The surrounding properties are zoned A (Agricultural). There are rural residences located around the site. The Conditions of Approval and Development Standards ensure that the proposed uses will remain compatibly with the existing surrounding land uses. 270061 RESOLUTION, USR-1133 Mike Faulkner Page 2 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) zone district and with the future development as projected by the Comprehensive Plan or Master Plan of affected municipalities. As stated above,this site is located in the Agricultural zone district and the proposed uses are agricultural. The site does not lie within the referral boundary or Urban Growth Boundary of any incorporated municipality. The site is currently being utilized for a 1,050 head dairy. Surrounding properties are all agricultural based uses. The expansion of the dairy and accessory to the farm residences appears to be compatible with the surrounding area. e. Section 24.3.1.5--A small portion of the property along Willow Creek is located within the Flood Hazard Development Overlay District Area identified by FEMA map number 080266 0495C,officially adopted by Weld County. Any development in this portion shall adhere to all regulations and requirements of the Flood Hazard Overlay District. f. Section 24.3.1.6 --The applicant has demonstrated a diligent effort to conserve productive agricultural land by the design of the site. The pens and structures are clustered on the west portion of the site with the remainder being utilized for employee residences and crop land. 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 ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and 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 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 within 30 days of approval by the Board of County Commissioners. 2. Prior to recording the plat: a. All accesses shall be clearly delineated on the plat. b 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 2,500 head dairy,to the Weld County Health Department for review and approval. This plan shall include, but not be limited to the following: 970061 RESOLUTION, USR-1133 Mike Faulkner Page 3 (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 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 (1 X 10°cm/sec). This shall be conducted by a Registered Professional Engineer. (3) 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. (4) Demonstration that adequate measures are in place to prevent a discharge to Willow Creek,with the exception of any discharge allowed by the CAFO Regulations. (5) The schedule at which manure and waste water will be removed and applied to the land. (6) Other necessary measures which are required in order to comply with the CAFO Regulations. c. 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. d. A fly control plan shall be submitted to the Weld County Health Department for review and approval. 3. The facility shall maintain records on-site, available for inspection during business hours, at all times 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, 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 will be used to insure that agronomic rates are not exceeded. d. Other measures which are in place to insure that the facility is operating in accordance with the CAFO Regulations. 970061 RESOLUTION, USR-1133 Mike Faulkner Page 4 4. An Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit maybe required for this facility. If applicable,the applicant shall submit an application to the Air Pollution Control Division, Colorado Department of Health. 5. Any existing septic system(s)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(s). In the event the system(s) is found to be inadequate,the system(s) must be brought into compliance with current I.S.D.S. regulations. 6. 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. 7. A 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 (associated with the facility) complaints and, in the judgement of the Health Officer,there exists a fly condition requiring abatement. 8. The three additional accessory to the farm mobile homes shall access onto an internal road system. The mobile homes shall not have direct access to Weld County Road 76. Motion seconded by Shirley Camenisch. VOTE: For Passage Against Passage Cristie Nicklas Fred Walker Marie Koolstra Jack Epple Rusty Tucker 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,Jill Boshinski, 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 November 19, 1996. Dated the 19th of November, 1996. t Jill oshinski Secretary 9700£1 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Faulkner, USR-1133 1. The Site Specific Development Plan and Special Use Permit is for a maximum 2500 head dairy operation(livestock confinement operation) and three additional accessory to the farm mobile homes (6 total) in the A (Agricultural) zone district as submitted 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. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 4. Waste materials shall be handled,stored,and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 5. Fugitive dust shall be controlled on this site. 6. The maximum permissible noise level shall not exceed the industrial limit of 80 db(A), as measured according to 25-12-102, Colorado Revised Statutes. 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 shall be handled,stored,and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 9. The applicant or operator 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. 10. 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. 11. The facility shall be operated in a manner to control flies. 12. The facility shall not discharge to surface or groundwater with exception to what is allowed by the Confined Animal Feeding Operations Control Regulations. 13. All construction or improvements shall comply with Flood Hazard Overlay District requirements, if applicable. 14. Should any work associated with this project require the excavation in or placement of dredged or fill material,either temporary or permanent, into Willow Creek or wetlands at this location,the applicant shall contact the Department of the Army Corps of Engineers to obtain permits pursuant to Section 404 of the Clean Water Act. 15. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 970061 DEVELOPMENT STANDARDS, USR-1133 Mike Faulkner Page 2 16. 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. 17. 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. 18. 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. 19. 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. 20. 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. 970061 Hello