HomeMy WebLinkAbout962400.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Ann Garrison 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-1091
NAME: Hirsch Dairy
� 7
CURRENT PLANNER: Todd A. Hodges j j
ADDRESS: 11283 Weld County Road 78, Eaton, CO 80615
REQUEST: A Site Specific Development Plan and Special Review Permit for a 2000 head dairy operation
in the A(Agricultural)zone district. L)
LEGAL DESCRIPTION: Located in Section 24, T7N, R67W of the 6th P.M., Weld County, Colorado.
LOCATION: North of and adjacent to Weld County Road 78; approximately 1/4 mile east of Weld County
Road 23.
ACRES: 240 acres, more or less.
PARCEL NUMBER: 0705 24 000016
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 Sections 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 2000 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 A(Agricultural) and the proposed uses are provided for by approval of a Use by
Special Review Permit. This proposal is consistent with A.Policy 1, of the Weld County
Comprehensive Plan, as amended, by locating in the Agricultural zone district which was established
to protect and promote the County's agricultural industry.
c. Section 24.3.1.3--The uses which will be permitted are compatible with the existing surrounding land
uses. The surrounding properties are zoned A(Agricultural). There is a sheep feeding operation to
the northeast of the property, residential and agricultural uses to the east, agricultural production to
the south, and a cattle feeding operation to the west. This proposal is consistent with A.Policy 4.1.8,
of the Weld County Comprehensive Plan, as amended, by clustering the uses on the site to minimize
the impacts on the remainder of the site as well as the surrounding agricultural land. Conditions of
approval and development standards ensure that the proposed uses will remain compatible with the
existing surrounding land uses.
962400
Resolution, USR-1091
Hirsch Dairy
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 lies within
the referral boundary of the Town of Severance. The Town of Severance reviewed this proposal and
indicates there will be excessive traffic, too many animals, and is not compatible with the surrounding
agricultural uses. The concerns of the Town of Severance dealing with excessive traffic and too
many animal units are addressed by the conditions of approval and development standards. The
concern about compatibility with surrounding land uses is addressed in 2c above.
e. Section 24.3.1.5--This proposal is not located within the Overlay District Areas identified by maps
officially adopted by Weld County.
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 and the remainder of the site
will remain in feed production.
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;
Livestock Feeding Performance Standards,Section 47,Weld County Zoning Ordinance, as amended;
conditions of approval, and development standards ensure that there is adequate provision for the
protection of the 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 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 increasing the number of cows on-site beyond 1572 the facility shall submit an amendment to the
Manure and Wastewater Plan to the Weld County Health Department for review and approval. The Plan
shall demonstrate the following:
a Storage volume is available in the on-site retention basin for the additional cows.
b. A description of the method which the facility will incorporate to manage excess wastewater. In the
event waste water will be hauled off the property the applicant shall provide the owner and location
of any application area or disposal and treatment facility.
3. The facility shall maintain records on-site, available for inspection during business hours, at all times,
which demonstrates the following:
a. That the wastewater 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.
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RESOLUTION, USR-1091
Hirsch Dairy
Page 3
b. The schedule in which manure will be 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 wastewater 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 as a "No-discharge" facility.
4. Prior to recording the plat:
a. If applicable, the applicant shall submit to the Department of Planning Services evidence that an Air
Pollution Emission Notice (A.P.E.N.) and Emissions Permit for the facility has been applied for.
b. The applicant shall submit to the Department of Planning Services evidence that any existing septic
system(s)which is not currently permitted through the Weld County Health Department has had an
I.S.D.S. Evaluation done. 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.
c. A dust abatement plan shall be submitted to the Weld County Health Department for review and
approval for the expansion of the facility. The facility shall have sufficient equipment available to
implement the dust control as required by the Health Department.
d. A fly control plan shall be submitted to the Weld County Health Department for review and approval.
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 number to be considered
a nuisance condition.
5. 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 Cristie Nicklas.
VOTE:
For Passage Against Passage
Glenn Vaad
Cristie Nicklas
Fred Walker
Marie Koolstra
Jack Epple
Rusty Tucker
Ann Garrison
Shirley Camenisch
Arlan Marrs
4T ti'•'+ .,no
RESOLUTION, USR-1091
Hirsch Dairy
Page 4
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 October 15, 1996.
Dated the 15th of October, 1996.
94:112S2.,
&C
Jill Boshinski
Secretary
9621480
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Hirsch Dairy
USR-1091
1. The Site Specific Development Plan and Special Review permit is for a maximum 2000 head dairy
operation(livestock confinement operation) 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.
3. Fugitive dust shall be controlled on this site.
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. The facility shall be operated in a manner to control flies.
6. 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.
7. 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, as amended.
8. 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.
9. The maximum permissible noise level shall not exceed the industrial limit of 80 db(A), measured
according to Section 25-12-102, C.R.S.
10. Any required NPSES Permit shall be maintained in compliance with the Water Quality Control Division
of the Colorado Department of Health.
11. All construction on the property shall be in accordance with the requirements of the Weld County
Building Code Ordinance, as amended.
12. 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.
13. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 24.6 of the Weld County Zoning Ordinance.
14. 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 manure storage site shall
have a water-tight surface which does not permit seepage or percolation of manure pollutants into the
ground.
15. The facility shall not discharge to surface or groundwater with exception to what is allowed by the
Confined Animal Feeding Operations Control Regulations.
962 2O
DEVELOPMENT STANDARDS, USR-1091
Hirsch Dairy
Page 2
16. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing
debris, and other potential nuisance conditions.
17. 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.
18. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing
standards and all applicable Weld County regulations. Any other changes shall be filed in the office of
the Department of Planning Services.
19. 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.
9624"''0
BEFORE 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-1091 (continued from the October 17, 1995, regular scheduled meeting).
PLANNER: Todd A. Hodges
APPLICANT: Hirsch Dairy
REQUEST: A Site Specific Development Plan and a Special Review Permit for a 2,000 Head Dairy
in the A(Agricultural) zone district.
LEGAL DESCRIPTION: Located in Section 24, T7N, R67W of the 6th P.M., Weld County,
Colorado.
LOCATION: North and adjacent to Weld County Road 78; approximately 1/4 mile east of Weld County
Road 23.
be continued until October 15, 1996, to allow time for the applicant's representative to be present and to
address issues with the Weld County Health Department.
Ann Garrison seconded the motion.
VOTE:
For Passage Against Passage
Glenn Vaad
Cristie Nicklas
Fred Walker
Marie Koolstra
Jack Epple
Rusty Tucker
Shirley Camenisch
Ann Garrison
Arlan Marrs
The Chairman declared the resolution passed and ordered that a certified copy be placed in the file of this
case.
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 August 20, 1996.
Dated the 20th of August, 1996.
gLAR-Jiloshinski
Secretary
352420
BEFORE THE WELD COUNTY,COLORADO, PLANNING COMMISSION
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. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR-1091
APPLICANT: Hirsch Dairy
REQUEST: A Site Specific Development Plan and a Special Review permit for a 2000 head dairy in
the A(Agricultural) zone district.
LEGAL DESCRIPTION: Part of Section 24,T7N, R67W of the 6th P.M.,Weld County, Colorado.
LOCATION: North of and adjacent to Weld County road 78; approximately 1/4 mile east of Weld County
Road 23.
be continued,to allow the Department of Planning Services to resubmit to referral agencies for more
information.
Ann Garrison seconded the motion.
VOTE:
For Passage Against Passage
Ann Garrison
Marie Koolstra
Jack Epple
Zachary Allely
Arlan Marrs
Shirley Camenisch
Richard Kimmel
The Chairperson declared the resolution passed and ordered that a certified copy be placed in the file of
this case.
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 September 7, 1995.
Dated the 7th of September, 1995.
Jill oshinski
Secretary
9,52A(70
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