HomeMy WebLinkAbout962097.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
#1091 FOR A 2000-HEAD DAIRY OPERATION IN THE A (AGRICULTURAL)ZONE
DISTRICT - HIRSCH DAIRY
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 20th day
of November, 1996, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Hirsch Dairy, 11283 Weld County Road 78, Eaton, Colorado 80615,
for a Site Specific Development Plan and Special Review Permit#1091 for a 2000-head dairy
operation in the A (Agricultural) Zone District on the following described real estate, to-wit:
Located in Section 24, Township 7 North, Range 67
West of the 6th P.M., Weld County, Colorado
WHEREAS, at the hearing on November 20, 1996, the Board deemed it advisable to
continue said matter to December 16, 1996, at 10:00 a.m., at which hearing the applicant was
represented by John Chilson, Attorney, 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 as follows:
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 -- This proposal is consistent with the Weld County
Comprehensive Plan. 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, by ensuring the preservation of prime farmland for
agricultural purposes which will foster the economic health and
continuance of agriculture.
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SPECIAL REVIEW PERMIT#1091 - HIRSCH DAIRY
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B. Section 24.4.2.2 --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, by locating in the Agricultural Zone District
which was established to protect and promote the County's agricultural
industry.
C. Section 24.4.2.3 -- 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 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 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.
D. Section 24.4.2.4 -- 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 Town
of Severance's concerns of 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 2.C. above.
E. Section 24.4.2.5 -- This proposal is not located within the Overlay District
Areas identified by maps officially adopted by Weld County.
F. Section 24.4.2.6 -- 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.
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G. Section 24.4.2.7 -- The Design Standards, Section 24.5 of the Weld
County Zoning Ordinance; Operation Standards, Section 24.6 of the
Weld County Zoning Ordinance; Livestock Feeding Performance
Standards, Section 47 of the Weld County Zoning Ordinance; 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, subject to a final review and
hearing before the Board of County Commissioners for consideration of
the plans required pursuant to Conditions#2.A. through #2.D. of this
Resolution.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Hirsch Dairy for a Site Specific Development
Plan and Special Review Permit#1091 for a 2000-head dairy operation in the A (Agricultural)
Zone District on the hereinabove described parcel of land be, and hereby is, preliminarily
approved 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
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 final
approval by the Board of County Commissioners.
2. Prior to recording the plat and final approval of the Special Review Permit:
A. The facility shall demonstrate compliance with the Confined Animal Feed
Operations Control (CAFO) Regulations. This shall be demonstrated by
submitting a comprehensive manure run-off and process waste water
handling plan for a 2,000-head dairy to the Weld County Board of County
Commissioners for review and approval. This plan shall include, but not
be limited to, the following:
(1) Demonstration that all manure stockpile areas and wastewater
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
constructed after August 30, 1992, has been constructed with a
lining material which does not exceed a seepage rate of 1/32"/day
(1x10-6 cm/sec). This shall be conducted by a Registered
Professional Engineer.
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(3) Demonstration that the facility has the ability to manage and land
apply manure and waste water at agronomic rates in accordance
with the CAFO Regulations. This should include how all tailwater
will be detained and seepage limited.
(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.
B. A dust abatement plan shall be submitted to the Weld County Board of
County Commissioners for review and approval. The facility shall have
sufficient equipment available to implement dust control as required by
the Weld County Health Department.
C. A fly control plan shall be submitted to the Weld County Board of County
Commissioners for review and approval.
D. An odor abatement plan shall be submitted to the Weld County Board of
County Commissioners for review and approval. A copy of the
abatement plan shall be submitted to the Department of Planning
Services.
E. The facility shall demonstrate compliance with Section 47 of the Weld
County Zoning Ordinance.
F. The plat shall be amended to show the approved location of the manure
storage area.
G. The buried pipeline easement shall be delineated on the plat.
3. 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.
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B. The applicant shall submit to the Department of Planning Services
evidence that any existing septic system(s) 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. The operator shall submit and have approved by the Weld County Public
Works Department a road improvements plan for the installation of a
culvert on the Weld County Road 78 for the Smith lateral.
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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 16th day of December, A.D., 1996.
BOARD OF COUNTY COMM SIONERS
WE COUNTY, COLORA
lit
ATTEST: ch�t _a_ l:�L %,i / /Z Otte f);° % /Barbar J. Kirkmeyer Chair
►G, , , 1. .Th i e
Weld Cou I` C rs �
a - t
(� _ z-�'�� / eorg . Baxter P -Te
BY: .a '� :.
Deputy Clerk '�*'s�.rd _
Dale K. Hall
APPR AST O
Constance L. Harbert
unty Att ro n y FXCLISFD
W. H. Webster
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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 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. 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.
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 NPDES Permit shall be maintained in compliance with the Water Quality
Control Division of the Colorado Department of Public Health and Environment.
11. All construction on the property shall be in accordance with the requirements of the
Weld County Building Code Ordinance.
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.
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.
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14. The facility shall not discharge to surface or groundwater except what is allowed by the
Confined Animal Feeding Operations Control Regulations.
15. 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.
16. The facility shall be operated at all times in accordance with the approved dust
abatement plan.
17. The facility shall maintain records on site, at all times, available for inspection during
business hours which demonstrate 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.
B. The schedule in which manure will be removed and applied to land. This
schedule 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 ensure that agronomic rates are not
exceeded.
D. Other measures which are in place to ensure that the facility is operating as a
"No-discharge" facility.
E. That the liner for all process wastewater 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).
18. No waste of any type including but not limited to dirt, manure, waste water, straw, and
bedding shall be permitted to enter the Smith Lateral Ditch located upon the subject
property. In the event any such waste enters the ditch, the applicant shall notify the
Weld County Health Department and Weld County Department of Planning Services.
Additionally, the applicant is required to immediatley remove any such waste or material
from the ditch.
19. The odor abatement plan 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 judgment of the Weld
County Health Department, there exists an odor condition requiring abatement.
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20. 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.
21. The Special Review area shall be limited to the plans shown herein 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.
22. 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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