HomeMy WebLinkAbout970556.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW
PERMIT #1140 FOR A LIVESTOCK CONFINEMENT OPERATION (1500 -HEAD
DAIRY WITH TWO ACCESSORY -TO -THE -FARM MOBILE HOMES) IN THE
A (AGRICULTURAL) ZONE DISTRICT - MARCY DANIELS
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 26th day
of March, 1997, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Marcy Daniels, 1605 Weld County Road 40.5, Berthoud, Colorado
80513, fora Site Specific Development Plan and Special Review Permit #1140 fora livestock
confinement operation (1500 -head dairy with two accessory -to -the -farm mobile homes) in the
A (Agricultural) Zone District on the following described real estate, to -wit:
Part of the NE1/4 of Section 17, Township 4 North, Range 64
West of the 6th P.M., Weld County, Colorado
WHEREAS, Marcy Daniels, said applicant, was present 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 24.3.1.1-- This proposal is consistent with the Weld County
Comprehensive Plan. This proposal is for a maximum 1500 -head dairy.
The request is consistent with A.Goal 1 which is to preserve prime
farmland for agricultural purposes which foster the economic health and
continuance of agriculture.
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SPECIAL REVIEW PERMIT #1140 - DANIELS
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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 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.
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 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 are 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.
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 currently is vacant and not
being utilized for any agricultural related uses.
G. Section 24.3.1.7 --The Design Standards (Section 24.5 of the Weld
County Zoning Ordinance), Operation Standards (Section 24.6 of the
Weld County Zoning Ordinance), 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.
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SPECIAL REVIEW PERMIT #1140 - DANIELS
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Marcy Daniels for a Site Specific Development
Plan and Special Review Permit #1140 for a livestock confinement operation (1500 -head dairy
with two accessory -to -the -farm mobile homes) 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 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 its 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 its letter
dated February 17, 1997.
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) Regulations. This shall be
demonstrated by submitting a comprehensive manure run-off and
process waste water handling plan, for a 1500 -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.
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(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.
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.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 26th day of March, A.D., 1997.
APPROVED AS TO FARM:
my Clerk to the Board
eputy Clerk : the Board
uAttornej/"
BOARD OF COUNTY COMMISSIONERS
WELD, OUNTY, COLORADO
t
George'E. Baxter, Chair
stance L. Harbe . P o-Te
Dale K. Hall
'Barbara J. Kirkme
2
W. H. Webster
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
MARCY DANIELS
USR #1140
1. The Site Specific Development Plan and Special Review 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 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, as amended.
3. 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 at all times in
accordance 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 Section 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.
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.
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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).
13. The facility shall maintain at all times records on -site, available for inspection during
business hours, which demonstrate the following:
A. That waste water collection and storage facilities are adequately constructed and
sized to handle a twenty-five year, twenty-four 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.
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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.
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 herein and all applicable Weld County regulations.
19. The Special Review area shall be limited to the plans shown herein 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.
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.
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