HomeMy WebLinkAbout991592.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
#1231 FOR AN AGRICULTURAL SERVICE ESTABLISHMENT FOR A LIVESTOCK
CONFINEMENT OPERATION (DAIRY) AND ANIMAL FEEDING OPERATION FOR
2,500-HEAD OF CATTLE IN THE A (AGRICULTURAL) ZONE DISTRICT - DARRELL
BEARSON, BEARSON DAIRY, LLC, C/O THOMAS HAREN, ENVIRO STOCK, INC.
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 7th day of
July, 1999, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing
the application of Darrell Bearson, Bearson Dairy, LLC, c/o Thomas Haren, Enviro Stock, Inc.,
11990 Grant Street #402, Denver, Colorado 80233, for a Site Specific Development Plan and
Special Review Permit#1231 for an Agricultural Service Establishment for a Livestock
Confinement Operation (dairy) and Animal Feeding Operation for 2,500-head of cattle in the A
(Agricultural) Zone District on the following described real estate, to-wit:
W'% SE% and E% SWY of Section 27, Township 2
North, Range 67 West of the 6th P.M., Weld
County, Colorado
WHEREAS,, said applicant was represented by Thomas Haren, 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 -- A.Goal 1 states, "Preserve prime farmland for
agricultural purposes which foster the economic health and continuance
of agriculture". The U.S.D.A. Soils Map indicate that the soils on this
property are designated "prime" and a very small area of "irrigated".
A.Policy 1 states, "Agricultural zoning will be established and maintained
CC: Pita Asti a t, C-x�w�,0 -, ck, 991592
PL1316
SPECIAL REVIEW PERMIT#1231 - DARRELL BEARSON, BEARSON DAIRY, LLC, C/O
THOMAS HAREN, ENVIRO STOCK, INC.
PAGE 2
to protect and promote the County's agricultural industry". The property
currently is being farmed and utilized as a dairy.
b. Section 24.4.2.2 -- The property is zoned Agricultural and Section 31.4.2
of the Weld County Zoning Ordinance 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. Section 24.4.2.3 -- Uses within the surrounding area are primarily
agricultural. There are no residential homes within 500 feet of the
physical dairy operations. Busker Dairy, permitted for 880 head of cattle
is within one mile to the west of this location. Conditions of Approval and
Development Standards will ensure that any incompatibilities will be
mitigated.
d. Section 24.4.2.4 -- The Fort Lupton Planning Commission found no
conflicts with its interests. Although the City of Dacono and the Town of
Frederick both commented that this proposal does not comply with its
Comprehensive Plans, the referral comments did not specify why the
proposal does not comply. The Town of Firestone requested controls to
mitigate the impacts of incompatibilities between intensive agricultural
uses and planned urban residential uses. Planning staff considers the
Conditions of Approval and Development Standards to be sufficient
considering the area is located in a very rural area outside the Firestone
Urban Growth Boundary.
e. Section 24.4.2.5 -- This proposal does not lie within any Overlay Districts.
f. Section 24.4.2.6 -- 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",
and a small area of"irrigated" as designated on the U.S.D.A. Soils Map.
The entire parcel is engaged in agriculture for a dairy or crop area.
g. Section 24.4.2.7 -- The attached Conditions of Approval and
Development Standards ensure there is adequate provision for 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.
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SPECIAL REVIEW PERMIT#1231 - DARRELL BEARSON, BEARSON DAIRY, LLC, C/O
THOMAS HAREN, ENVIRO STOCK, INC.
PAGE 3
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Darrell Bearson, Bearson Dairy, LLC, c/o
Thomas Haren, Enviro Stock, Inc. for a Site Specific Development Plan and Special Review
Permit#1231 for an Agricultural Service Establishment for a Livestock Confinement Operation
(dairy) and Animal Feeding Operation for 2,500-head of cattle 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 submitted to the Weld County Planning Department
within 30 days of approval by the Board of County Commissioners. Recording
the plat with the Weld County Clerk and Recorder's Office shall be done at the
completion of all Conditions of Approval."
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 2,500-
head dairy to the Weld County Department of Public Health and
Environment for review and approval. Evidence of Weld County Health
Department approval 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 in accordance with State regulations.
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.
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SPECIAL REVIEW PERMIT#1231 - DARRELL BEARSON, BEARSON DAIRY, LLC, C/O
THOMAS HAREN, ENVIRO STOCK, INC.
PAGE 4
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 regulations, the applicant shall submit the
facility's Manure and Waste Water Management Plan to the Colorado
Department of Public Health and Environment for review and comment.
Evidence of approval by the Weld County Department of Public Health
and Environment shall be submitted to the Weld County Department of
Planning Services.
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 Health 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. In the event the combined design hydraulic flow of the seven existing and
seven proposed trailers exceeds 3,000 gallons per day (according to the
Weld County I.S.D.S. regulations), the applicant must receive approval
from the Colorado Department of Public Health and Environment in
accordance with the regulations for the Site Application Process (5 CCR
1002-22).
G. The applicant shall submit a request to vacate Use by Special Review
Permit #813 for a Single Family Residence.
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SPECIAL REVIEW PERMIT#1231 - DARRELL BEARSON, BEARSON DAIRY, LLC, CIO
THOMAS HAREN„ ENVIRO STOCK, INC.
PAGE 5
H. Prior to recording the plat, evidence shall be submitted to the Department
of Planning Services that adequate water is available to serve the
proposed mobile homes.
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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 7th day of July, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
COUNTY, COLORADO
ATTEST: I '
L'"v �"� Dal K. Hall, Chair
Wel. •rv.' Iilder %he Board
ur.•. � Barbara J. KirkmeVypr, P o-Tem V
% D.ia ' Yk t. :oard
41.hi Geo e E. B r
•
AP.- - ��- dI = FORM: _
. J. G ile
r
rney
Glenn Vaad
991592
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DARRELL BEARSON, BEARSON DAIRY, LLC
C/O THOMAS HAREN, ENVIRO STOCK, INC.
USR #1231
1. The Site Specific Development Plan and Special Review Permit#1231 is for an Agricultural
Service Establishment for a Livestock Confinement Operation (Dairy)and Animal Feeding
Operation for 2,500-head of cattle 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 wastes 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 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 to what is allowed by the Confined Animal Feeding Operations Control
Regulations.
11. 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.
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
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DEVELOPMENT STANDARDS - DARRELL BEARSON, BEARSON DAIRY, LLC, C/O
THOMAS HAREN, ENVIRO STOCK, INC. (USR#1231)
PAGE 2
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 at all times, available for inspection during
business hours, 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 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 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 Health Department 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 at the site, with exception to "agricultural open
burning" as defined by Regulation No. 1 of the Colorado Air Quality Control Commission
Regulations.
19. The facility shall be operated in accordance with the approved Manure and Waste Water
Management Plan.
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DEVELOPMENT STANDARDS - DARRELL BEARSON, BEARSON DAIRY, LLC, C/O
THOMAS HAREN, ENVIRO STOCK, INC. (USR#1231)
PAGE 3
20. The number of mobile homes to be used for employees shall be limited to fourteen total,
as proposed in the application. Any additional accessory residential structures must obtain
all appropriate building and zoning permits.
21. At such time the dairy operation should cease, the mobile homes, which are accessory to
the Special Review Permit, must be removed from the property or the appropriate zoning
and building permits shall be applied for and approved for the appropriate use.
22. The hours of operation are up to 24 hours per day in the milking parlor and related facilities.
Equipment operations, trucks, farming activities and maintenance activities other than
emergencies will occur primarily during daylight hours.
23. Bataa Oil, Inc., owns oil and gas leasehold rights under the lands of this Special Review
Permit. The property owner shall allow Batta Oil or any other mineral owner the right of
ingress or egress for the purposes of exploration development, completion, recompletion,
re-entry, production and maintenance operations associated with existing or future
operations located on these lands.
24. The property owner or operator shall be responsible for complying with the Design
Standards of Section 24.5 of the Weld County Zoning Ordinance.
25. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 24.6 of the Weld County Zoning Ordinance.
26. 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 stated herein and all applicable Weld County regulations.
27. 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.
28. 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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