HomeMy WebLinkAbout992476.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Arlan Marrs that the following resolution, along with changes to#2B in Conditions of Approval, #20
in Development Standards, and change of wording from Weld County Health Department to Weld County
Department of Public: Health and Environment, be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
APPLICANT: Ray-Glo Holsteins
REQUEST: A Site Specific Development Plan and Special Review Permit fora Livestock/Confinement.
Operation (Dairy) in the Agricultural Zone District.
•
PLANNER: Sheri Lockman
CASE NUMBER: USR-1245
LEGAL DESCRIPTION: Pt. NW4 of Section 14, T6N, R64W of the 6th P.M., Weld County, Colorado
LOCATION: East of and adjacent to Weld County Road 57 and south of and adjacent to Weld
County Road 70
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 --That 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 currently is being utilized as a dairy
and farmed.
b. Section 24.3.1.2 --That 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 states that 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 Agricultural zone district.
c. Sect on 24.3.1.3 --That the USES which would be permitted will be 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. Conditions
of approval and development standards will ensure that any incompatibilities will be
mitigated.
2. EXHIBIT
992476
U #/a45-
RESOLUTION, USR-1245
Lewis Farms
Page 2
d. Section 24.3.1.4 --That the USES which would be permitted will be compatible with future
deve opment of the surrounding area as permitted by the existing zoning and with the future
deve opment 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 24.3.1.5-This proposal does not lie within any Overlay Districts.
f. Section 24.3.1.6 --That if the USE is proposed to be located in the A-District, that the
applicant has demonstrated a diligent effort has been made to conserve prime agricultural
land :n the locational decision for the proposed USE. This property is designated as "prime",
and a small area of"irrigated" by the United States Department of Agriculture. The entire
parcel is engaged in agriculture for a dairy or crop area.
g. Section 24.3.1.7 -There is adequate provision for the protection of the health, safety and
welfare of the inhabitants of the NEIGHBORHOOD and the 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 the County.
h. Section 47 --The applicant shall comply with the additional requirements of the Livestock
Feecing Performance Standards.
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 30 days of approval by the Board of County Commissioners. (Planning Services)
2. Prior to recording the plat:
A) The facility shall demonstrate compliance with the Confined Animal Feeding Operations
Control (CAFO) Regulation 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 Health Department approval shall be submitted to the
Weld County Planning Department. This plan shall include, but not be limited to the following:
(Health Dept.)
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 .
RESOLUTION, USR••1245
Lewis Farms
Page 3
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 locations 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 wil:h 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. (Health
Dept.)
C) A dust abatement plan shall be submitted to the Weld County Department of Public Health
and Environment for review and approval. Evidence of Health Department approval shall
be submitted to the Weld County Planning Department. (Health Dept.)
D) A fly control plan shall be submitted to the Weld County Health Department for review and
approval. Evidence of Health Department approval shall be submitted to the Weld County
Planning Department. (Health Dept.)
E) Ar odor control plan shall be submitted to the Weld County Department of Public Health
and Environment for review and approval. Evidence of Health Department approval shall
be submitted to the Weld County Planning Department. (Health Dept.)
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 unpermitted 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 Health Department approval shall be
submitted to the Weld County Planning Department. (Health Dept.)
RESOLUTION, USR-1245
Lewis Farms
Page 4
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. (Public Works/Planning
Services)
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. (Planning Dept.)
Motion seconded by Bryant Gimlin.
VOTE:
For Passage Against Passage
Cristie Nickles
Arlan Marrs
Fred Walker
Stephan Mokray
John Folsum
Jack Epple
Bruce Fitzgerald
Michael Miller
Bryant Gimlin
The Chair declared tf a resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Trisha Swanson, 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 5, 1999.
Dated the 5th of Octob 1999.
T./Vu {itld'^ �"----...
Trisha Swanson
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Ray-Glo Holsteins
USR-1245
1. The Site Specific Development Plan and Special Use Permit is for a Livestock Confinement
Operation (Dairy) 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.
(Planning Services).
2. Approval of':his plan may create a vested property right pursuant to Section 90 of the Weld County
Zoning Ordinance, as amended. (Planning Services)
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. (Health Dept)
4. All liquid and solid waste shall be stored and removed for final disposal in a manner that protects
against surface and groundwater contamination. (Health Dept)
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. (Health Dept)
6. 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. (Health Dept)
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. (Health Dept)
8. Any required NPDES Permit shall be maintained in compliance with the Water Quality Control
Division of the Colorado Department of Public Health & Environment. (Health Dept)
9. All construction on the property shall be in accordance with the requirements of the Weld County
Building Code Ordinance, as amended. (Health Dept)
10. The facility shall not discharge run-off or other waste waters to surface or groundwater with
exception to what is allowed by the Confined Animal Feeding Operations Control Regulations.
(Health Dept)
11. Wastes materials, not specifically addressed by other development standards, shall be handled,
stored, arid disposed in a manner that controls fugitive dust, blowing debris, and other potential
nuisance conditions. (Health Dept)
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 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). (Health Dept)
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. (Health Dept)
14. The facility shall maintain records on-site, available for inspection during business hours, at all
times, which demonstrates the following: (Health Dept)
A) Thal 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. (Health Dept)
16. The facility shall be operated in a manner to control flies. The facility shall be operated in
accordance, at all times,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 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 Department of Public Health and Environment receives a significant number of fly
(associated with facility)complaints, and in the judgement of the Weld County Health Officer, there
exists a fly condition requiring abatement. (Health Dept)
17. Any septic system located on the property must comply with all provisions of the Weld County
Individual Sewage Disposal System Regulations. (Health Dept)
18. There shall be no burning conducted at the site, with exception to burning defined as"agricultural
open burning" as defined by Regulation No. 1 of the Colorado Air Quality Control Commission
Regulations. (Health Dept)
19. The facility shall be operated in accordance with the approved manure and waste water
management plan. (Health Dept)
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. (Public Works)
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, as amended.
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, as amended.
23. Personnel from the Weld County Department of Public Health and Environement and Weld County
Planning Department 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.
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 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.
25. The properly 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.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, October 5, 1999
A regular meeting of the Weld County Planning Commission was held Tuesday, October 5,1999, in the Weld
County Public Health/Planning Building, (Room 210), 1555 N. 17th Avenue, Greeley, Colorado. The meeting
was called to order by Chairman, Fred Walker, at 1:30 p.m.
ROLL CALL
Fred Walker Present
Cristie Nicklas Present
John Folsum Present
Jack Epple Present
Bruce Fitzgerald Present
Michael Miller Present
Stephan Mokray Present
Arlan Marrs Present
Bryant Gimlin Present
Also Present: Julie Chester, Planner, Sheri Lockman, Planner; Department of Planning Services, Don Carroll,
Public Works; Trevor Jiricek, Department of Public Health and Environment; Lee Morrison, Assistant County
Attorney, Trisha Swanson, Secretary.
The summary of the last regular meeting of the Weld County Planning Commission held on September 21,
1999, was approved as read.
CASE NUMBER: USR-1245
APPLICANT: Ray-Glo Holsteins
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Part of the NW4 of Section 14, T6N, R64W of the 6th P.M.,
Weld County, Colorado.
REQUEST: Site Specific Development Plan and Use by Special Review Permit for a Livestock
Confinement Operation (Dairy) in the Agricultural Zone District.
LOCATION: East cf and adjacent to WCR 57; south of and adjacent to WCR 70.
Sheri Lockman, Department of Planning Services, presented Case USR-1245 and read the Conditions of
Approval and Development Standards into the record. She stated Development Standard #20 has been
deleted from preliminary staff comments as it is a duplicate of#9 and Development Standards have been
renumbered. The planning staff is recommending approval of this application.
Raymond Anderson, applicant, stated that this is a family operated dairy that has been operating since 1933
and they are just looking to expand it to keep up with the changing economy. The farm is run by he and his
son, who are partners.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
The Chair asked the applicant if they were in agreement with the Conditions of Approval and the Development
standards. Phil Brink, representative for the applicant stated that they were in agreement with all but one.
He mentioned that the Development Standard#20 addressed mandatory dust suppressant twice a year and
the houses across the road, but these were already being dealt with by their own nuisance management plan.
They feel this adds unnecessary cost to the applicant. /smis
Don Carroll, Public Works, stated that there will be more traffic and this is for the property owners across the 0' �^
street. Discussion ensued concerning adding a new condition to their own nuisance management plan to toom!
address this need if there were complaints. The applicant was agreeable to this. The Planning Commission = `l #
discussed possible changes to keep Development Standard#20 with this idea in mind. K
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7'N.wu 60-ant 3d
Sheri Lockman went over changes to the Development Standard #20 is to read "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. (Public Works)" . Condition of Approval #2B should read "In
accordance with CAFO, the applicant shall submit the facility's manure and waste water management plan
to the Colorado Department of Public Heath and Environment. (Health Dept.) ". Sheri also noted that Weld
County Health Department should be replaced with Weld County Department of Public Health and
Environment.
Arlan Marrs moved that:Case USR-1245 , be forwarded to the Board of County Commissioners along with
change in the wording of Weld County Health Department to Weld County Department of Public Health and
Environment,#2B in the Conditions of Approval and changes to#20 in the Development Standards with the
Planning Commissions recommendation of approval. Bryant Gimlin seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsum,yes;Arlan Marrs,yes; Stephan Mokray,yes; Michael Miller, yes; Jack Epple,yes; Bryant Gimlin,yes;
Bruce Fitzgerald, yes; Cristie Nickles, yes; Fred Walker, yes. Motion carried unanimously.
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