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RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED SPECIAL
REVIEW PERMIT#587 FOR AN AGRICULTURAL SERVICES ESTABLISHMENT FOR
A LIVESTOCK CONFINEMENT OPERATION (DAIRY FOR 1,850 HEAD OF CATTLE)
IN THE A (AGRICULTURAL) ZONE DISTRICT - LESTER AND SHERRILL
HARDESTY, HARD-LE HOLSTEINS, % PHILIP BRINK, ENVIRO STOCK, INC.
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 28th day
of July, 1999, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing
the application of Lester and Sherrill Hardesty, Hard-Le Holsteins, `/o Philip Brink, Enviro Stock,
Inc., 11990 Grant Street, Suite 402, Denver, Colorado 80233, for a Site Specific Development
Plan and Special Review Permit#587 for an Agricultural Services Establishment for a Livestock
Confinement Operation (dairy for 1,850 head of cattle) in the A (Agricultural) Zone District on
the following described real estate, to-wit:
NW% of Section 10, Township 6 North, Range 66
West of the 6th P.M., Weld County, Colorado
WHEREAS, said applicant was represented by Philip Brink, Enviro Stock, Inc., 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
shown compliance with Section 24.4.2 of the Weld County Zoning Ordinance as
follows:
a. Section 24.4.2.1 --A.Goal 1 states, "Preserve prime farmland for
agricultural purposes which foster the economic health and continuance
of agriculture." The U.S.D.A. Soils Map indicates that this property is
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SPECIAL REVIEW PERMIT #587 - LESTER AND SHERRILL HARDESTY, HARD-LE
HOLSTEINS, % PHILIP BRINK, ENVIRO STOCK, INC.
PAGE 2
prime farmground; however, the property is currently being utilized for
agricultural purposes, including a dairy and feedlot. A.Policy 1 states,
"Agricultural zoning will be established and maintained to protect and
promote the County's agricultural industry."
b. Section 24.4.2.2 -- 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 of the Weld County Zoning Ordinance 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 in the Agricultural Zone District.
c. Section 24.4.2.3 -- The uses which would be permitted will be compatible
with the existing surrounding land uses. Existing surrounding land uses
include farm fields of alfalfa and corn, a feedlot, a few residences and
other agricultural uses. Use by Special Review#587 was originally
approved in October of 1983 for an expansion of a feedlot to 3,000 head
of cattle and 1,000 hogs. On April 3, 1990, Les Hardesty sent a letter to
the Department of Planning Services requesting this permit be
abandoned; however the permit was never vacated. At the time of the
request, Mr. Hardesty informed the Department of Planning Services that
he would be operating a dairy with the number of animals allowed by
right. The dairy has been operating in this manner since at least 1990
and will remain compatible with surrounding land uses.
d. Section 24.4.2.4 -- 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. This
proposal is located within the three mile referral area of the City of
Greeley and the Town of Eaton. The Town of Eaton's referral response
indicated no conflicts with its interests and the City of Greeley's Planning
Commission forwarded a recommendation of no objection to the Weld
County Planning Commission, based on the submitted application.
e. Section 24.4.2.5 -- This proposal does not lie within any Overlay Districts.
f. Section 24.4.2.6 -- If the use is proposed to be located in the
A (Agricultural) Zone District, the applicant shall demonstrate a diligent
effort to conserve prime agricultural land in the locational decision for the
proposed use. The entire area within the Special Review Permit area is
designated as prime farmground; however, the entire parcel is engaged
in agriculture for a dairy and crops.
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SPECIAL REVIEW PERMIT#587 - LESTER AND SHERRILL HARDESTY, HARD-LE
HOLSTEINS, % PHILIP BRINK, ENVIRO STOCK, INC.
PAGE 3
g. Section 24.4.2.7 -- 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.
h. Section 47 -- The applicant shall comply with the additional requirements
of the Livestock Feeding Performance Standards.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Lester and Sherrill Hardesty, Hard-Le Holsteins,
% Philip Brink, Enviro Stock, Inc., for a Site Specific Development Plan and Special Review
Permit #587 for an Agricultural Services Establishment for a Livestock Confinement Operation
(dairy for 1,850 head of cattle) 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 60
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) Regulations. This shall be
demonstrated by submitting a Comprehensive Manure and Waste Water
Management Plan for a 1,850 head dairy to the Weld Department of
Public Health and Environment for review and approval. This plan shall
include, but not be limited to the following:
1) Demonstration that all manure stockpile and waste water
collection areas, 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, in accordance with State
regulations.
2) Demonstration that any existing or proposed waste water
retention has been or will be constructed in accordance with the
criteria described in the CAFO Regulations. The demonstration
shall be conducted by a Registered Professional engineer.
3) A site map demonstrating the layout of the site. This should
include the location of all pens, structures, feed storage areas,
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SPECIAL REVIEW PERMIT#587 - LESTER AND SHERRILL HARDESTY, HARD-LE
HOLSTEINS, % PHILIP BRINK, ENVIRO STOCK, INC.
PAGE 4
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
land apply manure and waste water 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. The facility shall demonstrate compliance with Section 47 of the Weld
County Zoning Ordinance.
C. 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. Evidence of
approval by the Weld County Department of Public Health and
Environment shall be submitted to the Department of Planning Services.
D. The applicant shall obtain ISDS permits, from the Weld County
Department of Public Health and Environment, for any structure where
people live, work, or congregate and insure that the structure contains an
adequate, convenient, sanitary toilet and sewage disposal system in good
working order. Any structure that will be served by a septic system and
have a design hydraulic flow of greater than 3,000 gallons (according to
the Weld County ISDS Regulations) must receive approval from the
Colorado Department of Public Health and Environment in accordance
with the Regulations for the Site Application Process (5 CCR 1002-22).
E. A Dust Abatement Plan shall be submitted to the Weld County
Department of Public Health and Environment for review and approval.
Evidence of approval by the Weld County Department of Public Health
and Environment shall be submitted to the Department of Planning
Services.
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SPECIAL REVIEW PERMIT#587 - LESTER AND SHERRILL HARDESTY, HARD-LE
HOLSTEINS, % PHILIP BRINK, ENVIRO STOCK, INC.
PAGE 5
F. A Fly Control Plan shall be submitted to the Weld County Department of
Public Health and Environment for review and approval. Evidence of
approval by the Weld County Department of Public Health and
Environment shall be submitted to the Department of Planning Services.
G. An Odor Control Plan shall be submitted to the Weld County Department
of Public Health and Environment for review and approval. Evidence of
approval by the Weld County Department of Public Health and
Environment shall be submitted to the Department of Planning Services.
H. The applicant shall enter into an agreement with Patina Oil and Gas
Corporation regarding the relocation of flowlines and modification of
wellheads or demonstrate that reasonable accommodation has been
made.
There are five existing accesses to the facility, two residential and three
agricultural. The western access has a "Y" split. The eastern portion of
the split shall be closed to minimize access points onto Weld County
Road 72. The internal road access shall enter onto Weld County
Road 72 at a ninety (90) degree angle to provide adequate sight distance
in both directions. This access shall accommodate the two proposed
residential structures designated on the plat.
J. The cul-de-sac shall have a fifty (50) foot turn-around radius.
K. The new internal roadway shall be a minimum of twenty (20) feet wide to
accommodate emergency equipment and two-way traffic.
L. Non-Conforming Use applications and permits will be established on the
two accessory structures located on the property.
M. The plat shall be amended to delineate the following:
1) The existing and proposed landscaping indicated in the
application materials.
2) All oil and gas equipment located on the property.
3) The access points approved by the Weld County Department of
Public Works.
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.
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PL0489
SPECIAL REVIEW PERMIT#587 - LESTER AND SHERRILL HARDESTY, HARD-LE
HOLSTEINS, % PHILIP BRINK, ENVIRO STOCK, INC.
PAGE 6
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 28th day of July, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
W )U> , COLO DO
ATTEST: Le / /• u� 11-\I�\\jj
Dare K. Hall, Chair
7
Weld County Clerk to the '.oa J/
iea ;O ii
� arb ra J. Kirkmey Pro-Te
BY: iii At0.-.. ca
Deputy Clerk to the
(QIN Geor�E. ) er�er
}PPRO S TO FORM:
. J. eile
unty Attorney
Glenn Vaa
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
LESTER AND SHERRILL HARDESTY, HARD-LE HOLSTEINS
% PHILIP BRINK, ENVIRO STOCK, INC.
USR#587
1. The Site Specific Development Plan and Special Use Permit is for an Agricultural Services
Establishment for a Livestock Confinement Operation (dairy for 1,850 head of cattle) in the
A (Agricultural) Zone District, as indicated in the application materials on file 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. 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 wastes 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 at this site, as defined in the
Regulations Pertaining to Solid Waste Disposal Sites and Facilities (6 CCR 1007-2).
6. The facility shall maintain compliance with the Confined Animal Feeding Operations Control
Regulations (5 CCR 1002-19) and, Section 47 of the Weld County Zoning Ordinance.
7. 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.
8. Any required NPDES Permit shall be maintained in compliance with the Colorado
Department of Public Health and Environment, Water Quality Control Division.
9. All construction on the property shall be in accordance with the requirements of the Weld
County Building Code Ordinance.
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.
11. Wastes 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.
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
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DEVELOPMENT STANDARDS - LESTER AND SHERRILL HARDESTY, HARD-LE
HOLSTEINS, C/O PHILIP BRINK, ENVIRO STOCK (USR #587)
PAGE 2
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
Regulations (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 Regulations. The Odor Abatement Pan
shall be implemented at the request of the Weld County Department of Public Health and
Environment 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.
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 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.
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.
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.
16. The facility shall be operated in a manner to control flies. The facility shall be operated in
accordance, at all times, with the approved Fly Control Plan. Additional fly control
measures shall be implemented at the request of the Weld County Department of Public
Health and Environment 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 Weld County Department of Public Health and
Environment receives a significant number of fly complaints associated with facility, and in
the judgement of the Weld County Health Officer, there exists a fly condition requiring
abatement.
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DEVELOPMENT STANDARDS - LESTER AND SHERRILL HARDESTY, HARD-LE
HOLSTEINS, CIO PHILIP BRINK, ENVIRO STOCK (USR #587)
PAGE 3
17. Any septic system located on the property must comply with all provisions of the Weld
County Individual Sewage Disposal System Regulations.
18. There shall be no burning conducted at the site, with exception to "agricultural open
burning" as defined by Regulation No. 1 of the Colorado Air Quality Control Commission
Regulations.
19. The facility shall be operated in accordance with the approved Manure and Waste Water
Management Plan.
20. At such time the dairy operation should cease, the two structures for employee housing,
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.
21. The hours of operation are up to 24 hours per day, 365 days per year. Equipment
operations,trucks,farming activities and maintenance activities other than emergencies will
occur primarily during daylight hours.
22. All construction on the property shall be in accordance with the Weld County Building Code
Ordinance.
23. The Patina Oil and Gas Corporation owns oil and gas leasehold rights under the lands of
this Special Review Permit. The property owner shall allow the mineral owner reasonable
access for the purposes of exploration, development, completion, recompletion, re-entry,
production and maintenance operations associated with the Hardesty 10-5G6 and Carlson
10-1 wells located on these lands.
24. The property owner or operator shall be responsible for complying with the Design
Standards of Section 5 of the Weld County Zoning Ordinance.
25. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 24.6 of the Weld County Zoning Ordinance.
26. Personnel from the Weld County Departments of Public Health and Environment and
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.
27. No Condition of Approval or Development Standard of Use by Special Review Permit#587,
dated December 7, 1983, shall be applicable to Amended Use by Special Review
Permit #587.
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DEVELOPMENT STANDARDS - LESTER AND SHERRILL HARDESTY, HARD-LE
HOLSTEINS, 0/O PHILIP BRINK, ENVIRO STOCK (USR #587)
PAGE 4
28. 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 Board of 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.
29. 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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