HomeMy WebLinkAbout982443.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
#1201 FOR A DAIRY AND AGRICULTURAL SERVICE ESTABLISHMENT FOR A
LIVESTOCK CONFINEMENT OPERATION FOR 6,000 HEAD OF CATTLE - MORWAI
DAIRY, LLC, %JOHN AND ELLEN MOSER
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 16th day
of December, 1998, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Morwai Dairy, LLC, % John and Ellen Moser, 12954 Weld County
Road 43, Hudson, Colorado 80642, for a Site Specific Development Plan and Special Review
Permit#1201 for a Dairy and Agricultural Service Establishment for a Livestock Confinement
Operation for 6,000 head of cattle on the following described real estate, to-wit:
Sections 28 and 29, Township 3 North, Range 65 West of the 6th
P.M., Weld County, Colorado
WHEREAS, 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 24.4.2.1 -- That the proposal is consistent with the Weld County
Comprehensive Plan. 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 maps indicate that the soils on this
property are designated "other lands" and "prime if irrigated". A.Policy 1
states, "Agricultural zoning will be established and maintained to protect
and promote the County's agricultural industry".
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 states that Agricultural Service establishments primarily engaged in
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SPECIAL REVIEW PERMIT#1201 - MORWAI DAIRY, LLC, CIO JOHN AND ELLEN MOSER
PAGE 2
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 Permit in the A (Agricultural) Zone
District.
c. Section 24.4.2.3 -- The uses which would be permitted will be compatible
with the existing surrounding land uses. Uses within the surrounding area
are irrigated farmground to the south and east and native rangeland
pasture to the north and west. There are no residential homes within 500
feet of the physical dairy operations. There are also several other Special
Review Permits in the area. These Special Review Permits include an
auto salvage yard, a junkyard, a tire landfill, a biomedical non-hazardous
material incineration facility, and several oil and gas facilities. Conditions
of Approval and Development Standards will ensure that any
incompatibilities will be mitigated.
d. Section 24.4.2.4 -- The uses which would be permitted will be 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. This
proposal is not within a three mile 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 -- If the use is proposed to be located in the A
(Agricultural) Zone District, the applicant shall demonstrate a diligent effort
to conserve prime agricultural land in the locational decision for the
proposed use. This property is designated as "prime farm ground, if
irrigated", and "other lands" as designated on the U.S.D.A. Soils Map. In
addition, the Moser family owns approximately 2,640 acres adjacent to
and within close proximity to the project site, which will be farmed for
feedstuffs and to support waste management.
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 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 Feeding Performance Standards.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Morwai Dairy, LLC, c/o John and Ellen Moser for a Site
Specific Development Plan and Special Review Permit#1201 for a Dairy and Agricultural
Service Establishment for a Livestock Confinement Operation for 6,000 head of cattle on the
hereinabove described parcel of land be, and hereby is, granted subject to the following
conditions:
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SPECIAL REVIEW PERMIT#1201 - MORWAI DAIRY, LLC, C/O JOHN AND ELLEN MOSER
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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.
2. Prior to recording the plat:
A. The facility shall demonstrate compliance with the Confined Animal
Feeding Operations (CAFO) Control Regulations. This shall be
demonstrated by submitting a Comprehensive Manure and Waste Water
Management Plan for a 6,000 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.
(2) Demonstration that any existing or proposed waste water retention
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 and 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 CAFO Regulations.
(6) Demonstration that adequate measures are in place to prevent
any discharges except those which are allowed by CAFO
Regulations.
(7) Other necessary measures which are required in order to comply
with CAFO Regulations.
B. The facility shall demonstrate compliance with Section 47 of the Weld
County Zoning Ordinance.
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SPECIAL REVIEW PERMIT#1201 - MORWAI DAIRY, LLC, CIO JOHN AND ELLEN MOSER
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C. 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 for review and comment.
D. The applicant shall obtain ISDS permits from the Weld County Health
Department for any structure where people live, work, or congregate and
insure that the structure contains an adequate, convenient, sanitary toilet
and sewage disposal system in good working order. Any structure that
will be served by a septic system and have a design hydraulic flow of
greater than 3,000 gallons (according to the Weld County ISDS
Regulations), must receive approval of the Colorado Department of Public
Health and Environment in accordance with the Regulations for the Site
Application Process (5 CCR 1002-22).
E. A Dust Abatement Plan shall be submitted to the Weld County Health
Department for review and approval.
F. A Fly Control Plan shall be submitted to the Weld County Health
Department for review and approval.
G. An Odor Control Plan shall be submitted to the Weld County Health
Department for review and approval.
H. The applicant shall submit to the Department of Planning Services,
evidence of an adequate water supply for the property.
The new access road will be elevated to the same height as the existing
intersection to provide adequate sight distance in both directions.
J. The section line access will be upgraded and maintained. The upgrade
will consist of an all-weather access road to accommodate two-way traffic
at all locations. The applicant has submitted a license to upgrade and
maintain rights-of-way. This document needs to be completed, signed,
and notarized prior to recording the plat.
K. The applicant shall enter into an agreement with Patina Oil and Gas
Corporation and Kaiser-Francis Oil Company regarding the relocation of
flowlines and modification of wellheads.
L. The plat shall be amended to delineate the following:
1) The landscaping proposed in the application materials.
2) The applicant shall propose a fence that will provide adequate
safety for the residents of the employee housing area and their
children to mitigate a possible conflict between residential use and
the commercial operation.
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SPECIAL REVIEW PERMIT#1201 - MORWAI DAIRY, LLC, CIO JOHN AND ELLEN MOSER
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3) A stop sign at the intersection of the entrance road and Weld
County Road 28.
4) All oil and gas equipment located on the property.
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 16th day of December, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
W EL,f0 COUNTY, COLORADO
ATTEST: 1 / L62ntiz calla
► / ' Constance L. Harbert, Chair
Weld County Clerk t e*oord
1(' EXCUSED
O ).1 ,t '4- W. H. Webster, Pro-Tem
BY: 6� -
Deputy Clerk to t '{r EXCUSED DATE OF SIGNING (AYE)
iV �` eorge E. Baxter
'T--I--
AP ED TO FORM:
Daly K. Hall
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982443
PL1276
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
MORWAI DAIRY, LLC, C/O JOHN AND ELLEN MOSER
USR#1201
1. The Site Specific Development Plan and Special Use Permit#1201 is for a Dairy and
Agricultural Service Establishment for a Livestock Confinement Operation for 6,000 head
of cattle 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.
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 Confined Animal Feeding Operations (CAFO)
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 water to surface or groundwater
with exception to what is allowed by the Confined Animal Feeding Operations (CAFO)
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 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 (CAFO) Control Regulation (5 CCR 1002-19).
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DEVELOPMENT STANDARDS - MORWAI DAIRY, LLC, % JOHN AND ELLEN MOSER
(USR#1201)
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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 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 judgement of the Weld County Health
Officer, there exists an odor condition requiring abatement.
14. The facility shall, at all times, maintain records on-site, available for inspection during
business hours, which demonstrates 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. This should also include any agreement between the facility and other
parties concerning the off-site removal of manure or waste water for land
application, treatment or disposal.
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 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 facility) complaints 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 the exception of burning defined as
"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.
20. At such time the dairy operation should cease, the four-plex apartments 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.
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DEVELOPMENT STANDARDS - MORWAI DAIRY, LLC, % JOHN AND ELLEN MOSER
(USR#1201)
PAGE 3
21. The hours of operation are up to 24 hours per day, 365 days per year. Office hours will
be from 8:00 a.m. to 5:00 p.m., Monday through Friday, and from 8:00 a.m. to 12:00 p.m.
on Saturday and Sunday. 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.
22. All construction on the property shall be in accordance with the Weld County Building
Code Ordinance.
23. Any utility work done within Weld County rights-of-way will require a permit from the Weld
County Public Works Department.
24. Magnesium Chloride shall be applied to the access road adjacent to the employee
apartments and office area to minimize dust adjacent to the access to the dairy facility.
25. Patina Oil and Gas Corporation and Kaiser-Francis Oil Company owns oil and gas
leasehold rights under the lands of this Special Review Permit. The property owner shall
allow Patina, Kaiser-Francis or any other mineral owner, the right of ingress and egress
for the purposes of exploration, development, completion, recompletion, re-entry,
production and maintenance operations associated with the Moser 28-4J, Moser 28-5J,
Moser 22-28, and Moser 41-28 wells located on these lands.
26. The property owner or operator shall be responsible for complying with the Design
Standards of Section 24.5 of the Weld County Zoning Ordinance.
27. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 24.6 of the Weld County Zoning Ordinance.
28. Personnel from the Weld County Health Department 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.
29. 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.
30. 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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