HomeMy WebLinkAbout970680.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Glenn Vaad 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-1140
APPLICANT: Marcy Daniels
ADDRESS: 1605 Weld County Road 40-1/2, Berthoud, Colorado 80513
PLANNER: Kerri Keithley
REQUEST: A Site Specific Development Plan and a Special Review Permit for a Livestock
Confinement Operation (1500 head dairy with two accessory to the farm mobile
homes) in the A (Agricultural) Zone District.
LEGAL DESCRIPTION: Part of the NE4 of Section 17, T4N, R64W of the 6th P.M., Weld
County, Colorado.
LOCATION: South of and adjacent to Weld County Road 46, approximately 1/2 mile west of
Weld County Road 53.
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 1,500 head dairy. The request
is consistent with A.Goal 1 which states to preserve prime farmland for agricultural
purposes which 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 A (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 as stated in A.Policy 1.
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). The Conditions of Approval and Development Standards ensure that
the proposed uses will remain compatible with the existing surrounding land uses.
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RESOLUTION, USR-1140
Marcy Daniels
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 districts 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 related. This site does not lie within
the referral boundary or Urban Growth Boundary of any incorporated municipality.
The site is currently vacant and all of the surrounding properties agricultural -based
uses. Directly adjacent to the west of the site is Sandy Hills Farm, a turkey farm.
The dairy and accessory to the farm residences appear to be compatible with the
surrounding area.
e. Section 24.3.1.5 -- The proposal is not located within the Overlay District Areas
identified by maps officially adopted by Weld County. The proposal is not located
within the 100 year floodplain as identified on FEMA panel number 080266 0775C.
f. Section 24.3.1.6 -- The applicant has demonstrated a diligent effort to conserve
productive agricultural land. The soils on the site are considered to be non -prime
soils. The site is currently not being utilized for any agricultural related uses and is
vacant.
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 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 applicant shall submit a signed agreement between the applicant and Prima Oil
& Gas Company addressing the concerns in their letter dated January 14, 1997.
B. The applicant shall submit a signed agreement between the applicant and Gerrity Oil
and Gas Corporation addressing the concerns in their letter dated February 17, 1997.
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RESOLUTION, USR-1140
Marcy Daniels
Page 3
C. The access to the site shall be clearly delineated on the plat. All roads within the
facility shall use an internal road system, with only one main access point to Weld
County Road 46.
D. 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 1,500
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 any waste water retention structure has 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 and/or 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 any
discharges except those which are 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.
E. 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 copy
of the plan shall be submitted to the Department of Planning Services.
F. 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.
G. 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.
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RESOLUTION, USR-1140
Marcy Daniels
Page 4
H. The facility shall demonstrate compliance with Section 47 of the Weld County Zoning
Ordinance pertaining to Livestock Feeding Performance Standards.
3. Prior to locating the mobile homes on the site, the applicant shall obtain the proper building
permits.
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.
Motion seconded by Marie Koolstra.
VOTE:
For Passage Against Passage
Glenn Vaad
Cristie Nicklas
Marie Koolstra
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, Tammie Pope, 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 February 18, 1997.
Dated the 18th of February, 1997.
Tammie Pope
Secretary
970680
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Marcy Daniels, USR-1140
1. The Site Specific Development Plan and Special Use Permit is for a Livestock Confinement
Operation (1500 head dairy with two accessory to the farm mobile homes) 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.
All liquid and solid wastes shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
4. No permanent disposal of wastes, as defined in the regulations pertaining to Solid Waste
Disposal Sites and Facilities (6 CCR 1007-2), shall be permitted at this site.
5. 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.
6. Fugitive dust shall be controlled on this site. The facility shall be operated in accordance,
as all times, with the approved dust abatement plan.
7. 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.
8. The facility shall maintain compliance with confined Animal Feeding Operations Control
Regulations (5 CCR-1002-19) and Section 47 of the Weld County Zoning Ordinance, as
amended.
9. Any required NPDES Permit shall be maintained in compliance with the Water Quality
Control Division of the Colorado Department of Public Health and Environment.
10. All construction on the property shall be in accordance with the requirements of the Weld
County Building Code Ordinance.
11. The facility shall not discharge to surface or groundwater with exception to what is allowed
by the Confined Animal Feeding Operations Control Regulations.
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 Operation Control Regulation
(5 CCR 1002-19).
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DEVELOPMENT STANDARDS, USR-1140
Marcy Daniels
Page 2
13. The facility shall maintain records on -site, available for inspection during business hours, at
all times, which demonstrates the following:
a. That 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 will be removed and applied to the 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 the land, including
the procedure which will be used to insure that agronomic rates are not exceeded.
d. The liner for all process waste water retention structures has been constructed of low
permeability materials so as not to exceed a seepage rate of 1/32"/day (1x10-6
cm/sec).
14. 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 Weld
County Health Department receives a significant number of fly (associated with the facility)
complaints, and in the judgement of the Weld County Health Officer, there exists a fly
condition requiring abatement.
15. Any septic system located on the property must comply with all provisions of the Weld
County Individual Sewage Disposal System Regulations.
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 and 47 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.
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DEVELOPMENT STANDARDS, USR-1140
Marcy Daniels
Page 3
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.
970680
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