HomeMy WebLinkAbout970950.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW
PERMIT #1144 FOR A 2000 -HEAD DAIRY IN THE A (AGRICULTURAL) ZONE
DISTRICT - RICHARD PODTBURG
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 14th day
of May, 1997, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Richard Podtburg, 12673 Weld County Road 66, Greeley, Colorado
80631, for a Site Specific Development Plan and Special Review Permit #1144 for a 2000 -head
dairy in the A (Agricultural) Zone District on the following described real estate, to -wit:
The W1/2 of the SE1/4 of Section 19, Township 6 North,
Range 66 West of the 6th P.M., Weld County, Colorado
WHEREAS, said applicant was represented at said hearing by G. M. Kennedy, full-time
employee of the dairy, 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 24.3.1.1 - 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.
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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 are
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 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 Severance have 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),
are consistent with typical agricultural uses, and rural in nature.
E. Section 24.3.1.5 - 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 that 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), Operation Standards (Section 24.6 of the
Weld County Zoning Ordinance), 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.
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Richard Podtburg for a Site Specific
Development Plan and Special Review Permit #1144 for a 2000 -head dairy 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 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 Weld
County Road 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 (CAFO) Control Regulations. This shall be
demonstrated by submitting a comprehensive manure run-off and
process waste water handling plan, for a 2000 -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 10-6 cm/sec). This shall be
conducted by a Registered Professional Engineer.
(3)
Demonstration that the facility has the ability to manage land and
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 the site.
(4) The schedule at which manure and waste water will be removed
and applied to the land.
(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.
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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.
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.
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.
The facility shall demonstrate compliance with Section 47 of the Weld
County Zoning Ordinance.
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 I.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 and
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.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 14th day of May, A.D., 1997.
BOARD OF COUNTY COMMISSIONERS
ATTEST
Weld Co
BY
Board
ep tYClerktto� d
APP '.g3i ,7bf
tor
y
WELD UNTY, COL,DRADO
o (�C
eorge . Baxter, Chair
EXCUSED
Constance L. Harbe , Pro-Tem
Dale K. Hall
• Barbara J. Kirkmeyer
W. H. Webster
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
RICHARD PODTBURG
USR #1144
1. The Site Specific Development Plan and Special Review Permit is for a 2000 -head dairy
in the A (Agricultural) Zone District as indicated in the application materials on file and
subject to the Development Standards stated herein.
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.
All liquid and 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 records shall include construction as -built,
engineered drawings, laboratory results, etc.
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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.
D. Other records which demonstrate that the facility is operating in accordance with
the CAFO Regulations.
E. The liner for all processed 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 Operations Control Regulations (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 off site 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 property shall be in accordance with the requirements of the
Weld County Building Code Ordinance.
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.
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.
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.
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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 herein and all applicable Weld County regulations.
20. The Special Review area shall be limited to the plans shown herein 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.
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