HomeMy WebLinkAbout991248.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
CORRECTED 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, along with the addition of Condition of Approval#2J#4, and changes to Condition of Approval
#2A, and Development Standard #1. Be it resolved by the Weld County Planning Commission that the
application for:
77
CASE NUMBER: USR-1202
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APPLICANT: Scott Busker --1 _, i
ADDRESS: 7678 WCR 17, Ft. Lupton, CO 80621 a, r ...„4 n-H 7 cs-
PLANNER: Julie A. Chester -- i H
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REQUEST: A Site Specific Development Plan and a Special Review Permit for an AgriculturaUlervice
Establishment for a Livestock Confinement Operation (Dairy) for 3500 head of cattle
LEGAL DESCRIPTION: Part of Section 28, T2N, R67W of the 6th P.M., Weld County, Colorado
LOCATION: East of and adjacent to WCR 17, South of WCR 18
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 --That the proposal is consistent with the Weld County Comprehensive Plan.
A.Goal 1 states to preserve prime farmland for agricultural purposes which foster the
economic health and continuance of agriculture. The U.S.D.A. soils maps indicate that the
soils on this property are designated prime farm ground. The property currently is being
farmed and utilized as a dairy. A.Policy 1 states Agricultural zoning will be established and
maintained to protect and promote the County's agricultural industry.
b. Section 24.3.1.2 --That the proposal is consistent with the intent of the district in which the
USE is located. The property is zoned Agricultural and section 31.4.2 states that Agricultural
Service establishments primarily engaged in performing agricultural, animal husbandry, or
horticultural services on a fee or contract basis, including livestock confinement operations
are permitted as a use by special review.
c. Section 24.3.1.3--That the uses which would be permitted will be compatible with the existing
surrounding land uses. The surrounding land uses are primarily Agricultural and the dairy
has been operating on this site for approximately seven years. There is another large dairy
within a half mile of this dairy. The expansion of the dairy will remain compatible with
surrounding land uses.
991248
4 EXHIBIT
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RESOLUTION, USR-1202
Busker
Page 2
d. Section 24.3.1.4 --That the uses which would be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by the comprehensive plan or master plans of affected
municipalities. Although the Town of Firestone commented that this proposal is not
consistent with their Comprehensive plan and did not appear to be compatible with the
Intergovernmental Agreement between the Town and Weld County, the Town of Firestone
did not specify in their referral comments, why the proposal was not consistent. The dairy
is an existing use located in Section 28. The dairy is located in a portion of the Urban Growth
Boundary area of Firestone, however the area is very rural in nature and it was indicated by
Firestone's planning staff that growth was not planned to occur in this area for approximately
twenty years. In accordance with Section 4.3 (h) ii of the Intergovernmental Agreement with
Firestone, it is the opinion of Department of Planning Service's staff, that suitable mitigation
measures have been imposed by the County as conditions of approval will eliminate or
adequately mitigate adverse consequences of incompatibility or conflict. The Conditions of
Approval and Development Standards will ensure the health, safety and welfare of the
citizens of Weld County. The Department of Planning Services' staff believes that this permit
will provide greater regulation than what is currently in place for this dairy. Currently, the use
does not function under Special Review Permit guidelines. If this proposal is approved, the
applicant must abide by all State Health Department regulations, in addition to the conditions
of approval and development standards set forth in this permit. The conditions of approval
and development standards include, but are not limited to requiring the applicant to submit
and receive approval for and operate in accordance with dust, odor and fly abatement plans
as well as a manure and wastewater management plans.
e. Section 24.3.1.5 --This proposal does not lie within any Overlay Districts.
f. Section 24.3.1.6--That if the use is proposed to be located in the A-District, that the applicant
has demonstrated a diligent effort to conserve prime agricultural land in the locational
decision for the proposed use. This property is designated as prime farm ground as
designated on the U.S.D.A. Soils map. Alfalfa and pasture grass is being grown on part of
the property.
g. Section 24.3.1.7--That there is adequate provision for the protection of the health, safety and
welfare of the inhabitants of the neighborhood and the County. The attached Conditions of
Approval and Development Standards ensure 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 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 30 days of approval by the Board of County Commissioners. (Dept. of Planning)
2. Prior to scheduling the County Commissioners hearing:
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 management plan, for a 3500 head dairy, to the Weld County
Health Department for review and approval. This plan shall include, but not be limited to the
following:
RESOLUTION, USR-1202
Busker
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. (Health Department)
(2) Demonstration that any existing or proposed waste water retention structure has, or
will be, constructed in accordance with the criteria described in the CAFO
Regulations. This shall be conducted by a Registered Professional Engineer.
(Health Department)
(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. (Health Department)
(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. (Health Department)
(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.
(Health Department)
(6) Demonstration that adequate measures are in place to prevent any discharges
except those which are allowed by the CAFO Regulations. (Health Department)
(7) Other necessary measures which are required in order to comply with the CAFO
Regulations. (Health Department)
B. 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. (Health Department)
C. A dust abatement plan shall be submitted to the Weld County Health Department for review
and approval. (Health Department)
D. A fly control plan shall be submitted to the Weld County Health Department for review and
approval. (Health Department)
E. An odor control plan shall be submitted to the Weld County Health Department for review and
approval. (Health Department)
F. The applicant shall maintain compliance with Section 47 of the Weld County Zoning
Ordinance, at all times. (Dept. of Planning)
G. The applicant shall delineate on the plat, a traffic circulation plan throughout the site and
adequate parking to accommodate all users. (Public Works)
H. All accesses utilizing the facility shall be graded and drained all weather access. (Public
Works)
The applicant shall enter into an agreement with Bataa Oil, Inc. regarding the location or
relocation of flowlines and modifications of well heads. (Dept. of Planning)
RESOLUTION, USR-1202
Busker
Page 4
J. The plat shall be amended to delineate the following:
1) The landscaping proposed in the application materials in compliance with Section 3.0
of Ordinance 201, Uniform Baseline Standards. (Dept. of Planning)
2) All oil and gas equipment located on the property. (Dept. of Planning)
3) Any proposed lighting and utilities in compliance with Section 4.0 of Ordinance 201.
(Dept. of Planning)
4) All county roads and utility easements must be delineated on the plat map.
(Planning Commission)
K. The applicant must remove all debris, which is located on the east portion of the property,
from the property or screen it from any adjacent properties or public rights-of-way.
3. 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. (Planning)
Motion seconded by Cristie Nicklas.
VOTE:
For Passage Against Passage
Cristie Nicklas Arlan Marrs
Fred Walker Bruce Fitzgerald
Marie Koolstra Michael Miller
Jack Epple Stephan Mokray
The Chairman declared the resolution failed to pass; therefore, the resolution was deemed denied, and
ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioner's
for further proceedings.
CERTIFICATION OF COPY
I, Wendi Inloes, 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 December 15, 1998.
Dated the 15th of Dece er, 1998.
Wendi Inloes
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Scott Busker/Busker Dairy
USR-1202
1. The Site Specific Development Plan and Special Use Permit is for a Dairy and Animal Feeding
Operation for 3500 head of cattle 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. (Planning)
2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County
Zoning Ordinance, as amended. (Planning)
3. Fugitive dust shall be controlled on this site. The facility shall be operated in accordance,
at all times, with the dust abatement plan included in the application materials. The dust abatement
plan is included in the document, titled Management Plan for Nuisance Control, dated May 30, 1998.
(Health Department)
4. All liquid and solid waste shall be stored and removed for final disposal in a manner that protects
against surface and groundwater contamination. (Health Department)
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. (Health Department)
6. The facility snail maintain compliance with confined Animal Feeding Operations Control Regulations
(5 CCR 1002-19) and, Section 47 of the Weld County Zoning Ordinance, as amended. (Health
Department)
7. All future, proposed uses on the facility shall maintain compliance with all Uniform Baseline Standards
as described in Ordinance 201. (Dept. of Planning)
8. The maximum permissible noise level shall not exceed the light industrial limit of 70 db(A), measured
according to Section 25-12-102, C.R.S. (Health Department)
9. Any required NPDES Permit shall be maintained in compliance with the Water Quality Control Division
of the Colorado Department of Public Health & Environment. (Health Department)
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. (Health
Department)
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. (Health Department)
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). (Health Department)
13. The facility shall be operated in a manner that controls odors. The facility shall operate, at all times,
in accordance with the odor abatement plan provided in the application materials. The odor
abatement plan is included in the document, titled Management Plan for Nuisance Control, dated May
30, 1998. 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.
Additional odor controlling measures 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. (Health Department)
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. (Health Department)
B. The manner in which manure and waste water has been 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. (Health
Department)
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.
(Health Department)
15. A spillage retention berm shall be required around any fuel container with a volume greater than 50
gallons. The volume retained by the spillage berm should be greater than the volume of the largest
tank inside the berm. (Health Department)
16. The facility shall be operated in a manner to control flies. The facility shall be operated in accordance,
at all times, with the pest control plan included in the application materials. The pest control plan is
included in the document, titled Management Plan for Nuisance Control, dated May 30, 1998.
Additional fly control measures 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 or 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. (Health
Department)
17. Any septic system located on the property must comply with all provisions of the Weld County
Individual Sewage Disposal System Regulations. (Health Department)
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. (Health Department)
19. The facility shall be operated in accordance with the approved manure and waste water management
plan. (Health Department)
20. Any deceased animals discovered on the site shall be removed from the site within 24 hours of
discovery and disposed of properly. (Health Department, Planning)
21. The number of mobile homes to be used for employees shall be limited to fifteen total, as proposed
in the application. Any additional accessory residential structures must obtain all appropriate building
and zoning permits. (Planning)
22. At such time the dairy operation should cease, the mobile homes, which are accessory to the Special
Review Permit, must be removed from the property or the appropriate zoning and building permits
shall be applied for and approved for the appropriate use. (Planning)
23. The hours of operation are up to 24 hours per day in the milking parlor and related facilities.
Equipment operations, trucks, farming activities and maintenance activities other than emergencies
will occur primarily during daylight hours. (Planning)
24. All construction on the property shall be in accordance with the Weld County Building Code
Ordinance. (Planning)
25. Bataa Oil, Inc. owns oil and gas leasehold rights under the lands of this Special Review Permit. The
property owner shall allow Batta Oil or any other mineral owner the right of ingress or egress for the
purposes of exploration development, completion, recompletion, re-entry, production and
maintenance operations associated with existing or future operations located on these lands.
(Planning)
26. 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.
27. 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.
28. Personnel from the Weld County Health Department and Weld County Planning Department 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.
29. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing
standards and all applicable Weld County regulations. Substantial 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.
30. 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.
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