HomeMy WebLinkAbout992475.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
#1245 FOR A LIVESTOCK CONFINEMENT OPERATION (DAIRY) IN THE
A (AGRICULTURAL) ZONE DISTRICT - RAY-GLO HOLSTEINS
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 October, 1999, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Ray-Glo Holsteins, do Enviro Stock, Inc., 1597 Cole Boulevard,
Suite 310, Golden, Colorado 80401, for a Site Specific Development Plan and Special Review
Permit#1245 for a Livestock Confinement Operation (dairy) in the A (Agricultural) Zone District
on the following described real estate, to-wit:
Part of the NW1/4 of Section 14, Township 6 North,
Range 64 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 -- The proposal is consistent with the Weld County
Comprehensive Plan. A.Policy 1 states, "Agricultural zoning will be
established and maintained to protect and promote the County's
agricultural industry." The property is currently being utilized as a dairy
and is being farmed.
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
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SPECIAL REVIEW PERMIT#1245 - RAY-GLO HOLSTEINS
PAGE 2
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 A (Agricultural) Zone District.
c. Section 24.4.2.3 -- The uses which will be permitted are compatible with
the existing surrounding land uses. Uses within the surrounding area are
agricultural in nature. Two homes lie adjacent to the dairy to the west.
The Conditions of Approval and Development Standards will ensure that
any incompatibilities will be mitigated.
d. Section 24.4.2.4 -- The uses which will be permitted are 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. The site
does not lie within the Urban Growth Boundary or referral area of any
municipality.
e. Section 24.4.2.5 -- This proposal does not lie within any Overlay Districts.
f. Section 24.4.2.6 -- The use is proposed to be located in the
A (Agricultural) Zone District, and the applicant has demonstrated that a
diligent effort has been made to conserve prime agricultural land in the
locational decision for the proposed use. This property is designated as
"prime," with a small area designated "irrigated" by the United States
Department of Agriculture. The entire parcel is engaged in agriculture for
a dairy or crop area.
g. Section 24.4.2.7 -- There is adequate provision for the protection of the
health, safety and welfare of the inhabitants of the neighborhood and
County. The attached Conditions of Approval and Development
Standards ensure the protection of the health, safety and welfare of the
inhabitants of the neighborhood and 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 Ray-Glo Holsteins, Go Enviro Stock, Inc., for a
Site Specific Development Plan and Special Review Permit#1245 for a Livestock Confinement
Operation (dairy) 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 30
days of approval by the Board of County Commissioners.
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SPECIAL REVIEW PERMIT#1245 - RAY-GLO HOLSTEINS
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2. Prior to recording the plat:
A. The facility shall demonstrate compliance with the Confined Animal
Feeding Operations Control (CAFO) Regulations and the additional
requirements outlined below. This shall be demonstrated by submitting a
Comprehensive Manure and Waste Water Management Plan for a
2,000-head dairy 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 Weld County Department of Planning Services. 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
sized and constructed to handle and retain the storm water run-off
generated from a twenty-five year, twenty-four hour storm event.
This shall be conducted by a Registered Professional Engineer.
2) Demonstration that any existing or proposed waste water
retention structure 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,
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. 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.
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SPECIAL REVIEW PERMIT#1245 - RAY-GLO HOLSTEINS
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C. 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 Weld County Department of
Planning Services.
D. 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 and Environment
shall be submitted to the Weld County Department of Planning Services.
E. 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 Weld County Department of
Planning Services.
F. The Environmental Protection Services Division of the Weld County
Department of Public Health and Environment was unable to locate a
septic permit for the septic systems currently serving the three (3)
dwellings located on the property. Any existing septic system(s) which is
not currently permitted through the Weld County Department of Public
Health and Environment must be permitted. Each unpermittecl septic
system will require an I.S.D.S. evaluation prior to the issuance of the
required septic permit(s). 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. Evidence of approval by the Weld County
Department of Public Health and Environment shall be submitted to the
Weld County Department of Planning Services.
G. The plat shall be amended to include the existing silage pits and manure
storage and/or composting area located in the northeast corner of the
facility.
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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SPECIAL REVIEW PERMIT#1245 - RAY-GLO HOLSTEINS
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 20th day of October, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
1(!(€LD COUNTY, COL RADO
ATTEST: Lv
Dal; K. Hall, Chair
Weld County Clerk to the e• -rd'
�4tr.arbar J. Kirkmeyer, "ro-Tem
Deputy Clerk to the a y-
,R11 George axter
APPROVED AS TO FORM: , ,/2 9
/ . J. eile
- ounty Attorney EXCUSED
Glenn Vaad
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
RAY-GLO HOLSTEINS
USR#1245
1. The Site Specific Development Plan and Use by Special Review Permit is for a
Livestock Confinement Operation (Dairy) 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
with the approved Dust Abatement Plan at all times.
4. All liquid and solid waste 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, as defined in the Regulations
Pertaining to Solid Waste Disposal Sites and Facilities (6 CCR 1007-2), at this site.
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 Water Quality
Control Division of the Colorado Department of Public Health and Environment.
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 of that which 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
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
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DEVELOPMENT STANDARDS - RAY-GLO HOLSTEINS (USR #1245)
PAGE 2
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 Regulation (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 Plan 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 demonstrate 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.
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,
at all times, in accordance 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 flies (which can be determined to be associated
with the facility) are in such a number as 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
the facility and in the judgement of the Weld County Health Officer, there exists a fly
condition requiring abatement.
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 on the site, with exception of burning defined as
"agricultural open burning" by Regulation No. 1 of the Colorado Air Quality Control
Commission Regulations.
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DEVELOPMENT STANDARDS - RAY-GLO HOLSTEINS (USR#1245)
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19. The facility shall be operated in accordance with the approved Manure and Waste
Water Management Plan.
20. Dust suppressant shall be placed adjacent to the homes directly across from the main
entrance to the facility (south access) and a portion of the main access. Dust
suppressant shall be placed as needed and shall be applied at least 150 feet beyond
each residential structure.
21. The property owner or operator shall be responsible for complying with the Design
Standards of Section 24.5 of the Weld County Zoning Ordinance.
22. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 24.6 of the Weld County Zoning Ordinance.
23. 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 skated herein and all applicable Weld County regulations.
24. 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.
25. 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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