HomeMy WebLinkAbout20131759.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR13-0012, FOR AN AGRICULTURAL SERVICE ESTABLISHMENT
PRIMARILY ENGAGED IN PERFORMING AGRICULTURAL, ANIMAL HUSBANDRY
OR HORTICULTURAL SERVICES ON A FEE OR CONTRACT BASIS, INCLUDING A
LIVESTOCK CONFINEMENT OPERATION (7,500 -HEAD DAIRY) IN THE
A (AGRICULTURAL) ZONE DISTRICT - PRADO VIEW INVESTMENTS COMPANY,
LP
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 17th day
of July, 2013, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Prado View Investments Company, LP, 23360 County Road 35,
LaSalle, Colorado 80645, for a Site Specific Development Plan and Use by Special Review
Permit, USR13-0012, for an Agricultural Service Establishment primarily engaged in performing
agricultural, animal husbandry or horticultural services on a fee or contract basis, including a
Livestock Confinement Operation (7,500 -head dairy) in the A (Agricultural) Zone District, on the
following described real estate, being more particularly described as follows:
Lot B of Recorded Exemption, RE -3724; being part
of the NW1/4 of Section 12, and being part of the
S1/2 of Section 1, all in Township 4 North, Range
66 West of the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was present and represented by Glen
Czaplewski, AGPROfessionals, LLC, 4350 Highway 66, Longmont, CO 80504, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by 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 recommendation 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 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.8.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
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1) Section 22-2-20.8 (A.Goal 1) states: "Respect and encourage the
continuation of agricultural land uses and agricultural operations
for purposes which enhance the economic health and
sustainability of agriculture."
2) Section 22-2-20.B (A.Goal 2) states: "Continue the commitment to
viable agriculture in Weld County through mitigated protection of
established (and potentially expanding) agricultural uses from
other proposed new uses that would hinder the operations of the
agricultural enterprises." The applicant is proposing a 7,500 -head
dairy on a property that was previously used as a feedlot. There is
not an existing Use by Special Review Permit (USR) on the site,
but a Nonconforming Use (NCU-368) substantiated the previous
feedlot. The applicant is proposing to reconfigure the existing
livestock pens and erect a dairy parlor, hospital barn, commodity
barn, shop, hay barns, cross vent barns, and waste water storage
ponds. The Department of Planning Services is requiring a
Lighting Plan be submitted to address the impacts from this dairy
facility on neighboring properties and rights -of -way.
B. Section 23-2-230.6.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.B.16 of the Weld
County Code allows for A Site Specific Development Plan and Use by
Special Review Permit for Agricultural Service establishments primarily
engaged in performing agricultural, animal husbandry or horticultural
services on a fee or contract basis, including a livestock confinement
operation (7,500 -head dairy) in the A (Agricultural) Zone District. The
Zoning Compliance Officer noted in her referral, dated 3/18/2013, "Upon
review of my case files and computer, an active Zoning Violation (ZCV12-
00213) was noted. This violation was initiated due to the expansion of a
Nonconforming Use (by the relocation of manure, concrete, wood and
other waste to an adjacent lot) without first completing the necessary
Weld County Zoning Permits. This case has not been presented to the
Weld County Court Magistrate through the Violation Hearing process.
Since this application was submitted prior to an actual court date being
scheduled, no investigation fee is required. This application, if approved
by the Board of County Commissioners, and once a plat is recorded will
correct the violation. If this application is denied, all commercial
operations and storage of commercial vehicles, materials and/or
equipment shall be removed from the property within 30 (thirty) days of
denial or the violation will proceed in court accordingly."
C. Section 23-2-230.B.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The facility is located
in an agricultural area on a parcel containing many outbuildings and
livestock pens. Surrounding properties to the north, south and west are
utilized for agricultural and residential purposes. Adjacent property to the
east has a Use by Special Review (USR-1053) for a seed production
business. The Weld County Department of Planning Services has not
received any letters from surrounding property owners. As a Condition of
Approval, the applicant is required to submit a Lighting Plan to help
mitigate potential concerns and address the comments/concerns from the
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Town of LaSalle. The Development Standards will also ensure that this
use will be compatible with surrounding land uses.
D. Section 23-2-230.B.4 -- The uses which will 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
Chapter 22 of the Weld County Code and any other applicable code
provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The site is located within the three-mile referral areas for
the City of Evans and the Town of LaSalle. The property in question is
also located within the Intergovernmental Agreement Area (IGA) with the
Town of LaSalle. The Town of LaSalle stated on the Notice of Inquiry
form dated 12/11/2012, "The Town Board has chosen to have the
applicant proceed with the development through Weld County following
their regulations, but to continue to keep the Town involved throughout
the process. Concerns emphasized were impact related issues involving
odor, traffic, dust control, and future annexations when feasible and in the
event of closure of the dairy." The Town of LaSalle, in their referral dated
May 6, 2013, echoed their previous concerns stated in the Notice of
Inquiry form and also suggested precautions be made to avoid any
possible contamination to local ground water. The Weld County
Department of Planning Services has not received a referral response
from the City of Evans. As a Condition of Approval, the applicant will need
to attempt to address the concerns of the Town of La Salle.
E. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. Building Permits issued on the lot
will be required to adhere to the fee structure of the County -Wide Road
Impact Fee Program, County Facility Fee and Drainage Impact Fee
Programs.
F. Section 23-2-230.B.6 -- The applicant has demonstrated a diligent effort
to conserve prime agricultural land in the locational decision for the
proposed use. The majority of the proposed facility is located on soils
designated as "Prime (Irrigated) Farmlands of National Importance" per
the 1979 Soil Conservation Service Important Farmlands of Weld County
Map. The property was previously utilized as a feedlot, therefore the
proposed dairy USR does not take any additional farmland out of
production.
G. Section 23-2-230.B.7 -- The Design Standards (Section 23-2-240, Weld
County Code), Operation Standards (Section 23-2-250, Weld County
Code), Conditions of Approval and Development Standards can ensure
that there are adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Prado View Investments Company, LP, for a Site
Specific Development Plan and Use by Special Review Permit, USR13-0012, for an Agricultural
Service Establishment primarily engaged in performing agricultural, animal husbandry or
horticultural services on a fee or contract basis, including a Livestock Confinement Operation
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SPECIAL REVIEW PERMIT (USR13-0012) - PRADO VIEW INVESTMENTS COMPANY, LP
PAGE 4
(7,500 -head dairy) in the A (Agricultural) Zone District, on the parcel of land described above
be, and hereby is, granted subject to the following conditions:
1. Prior to recording the plat:
A. The applicant shall attempt to address the requirements of the Town of
LaSalle, as stated in their referral received May 6, 2013. Written evidence
of such shall be provided to the Department of Planning Services.
B. The applicant shall enter into an Improvements Agreement and Road
Maintenance Agreement.
C. The applicant shall submit an Access Permit Application form showing the
existing access points that will be used for the USR activities.
If a sign is proposed, the applicant shall submit a detailed Signage Plan to
the Department of Planning Services, including location and size. Signs
shall be in compliance with Chapter 23, Article IV, Division II and
Appendices 23-C, 23-D and 23-E of the Weld County Code.
E. The applicant shall submit a Lighting Plan to the Department of Planning
Services, for review and approval.
F. The applicant shall address the requirements of the Farmers Independent
Ditch, as stated in the referral received April 11, 2013. Written evidence of
such shall be provided to the Department of Planning Services.
G. The applicant shall address the requirements of the Union Ditch
Company, as stated in the referral received April 15, 2013. Written
evidence of such shall be provided to the Department of Planning
Services.
H. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR13-0012.
2) The plat shall be prepared per Section 23-2-260.D of the Weld
County Code.
3) The attached Development Standards.
4) The applicant shall show the approved access points on the plat
and label them with the Access Permit number (will be provided).
5) Access improvements are required and shall include 60 -foot
radiuses to accommodate turning trucks and double cattle guards
across the main access to prevent the tracking of mud onto the
gravel roadway.
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SPECIAL REVIEW PERMIT (USR13-0012) - PRADO VIEW INVESTMENTS COMPANY, LP
PAGE 5
6) County Road (CR) 35 is designated on the Weld County Road
Classification Plan as an arterial road, which requires 140 feet of
right-of-way at full buildout. There is presently 60 feet of
right-of-way. An additional 40 feet shall be delineated on the plat
as future CR 35 right-of-way. All setbacks shall be measured from
the edge of future right-of-way. The applicant shall verify the
existing right-of-way and the documents creating the right-of-way
and this information shall be noted on the plat. If the right-of-way
cannot be verified, it shall be dedicated. This road is maintained
by Weld County.
7) CR 48 is designated on the Weld County Road Classification Plan
as a local gravel road, which requires 60 feet of right-of-way at full
buildout. The applicant shall verify the existing right-of-way and
the documents creating the right-of-way and this information shall
be noted on the plat. All setbacks shall be measured from the
edge of future right-of-way. If the right-of-way cannot be verified,
it shall be dedicated. This road is maintained by Weld County.
8) The approved location of the proposed lighting and signs.
9) The applicant shall delineate the trash collection areas. Section
23-3-350.H of the Weld County Code addresses the issue of trash
collection areas. Areas used for storage or trash collection shall
be screened from adjacent properties and public rights -of -way.
These areas shall be designed and used in a manner that will
prevent trash from being scattered by wind or animals.
10) The oil and gas location and setback radiuses for existing
wellheads and tank batteries on the site shall be indicated in
accordance with Section 23-3-50.E of the Weld County Code.
11) The map shall be amended to include the whole area used for
composting.
2. Prior to Construction:
A. In the event that one (1) or more acres are disturbed during the
construction and development of this site, the applicant shall obtain a
Stormwater Discharge Permit from the Water Quality Control Division of
the Colorado Department of Public Health and Environment (CDPHE).
B. If more than one (1) acre is to be disturbed, a Grading Permit will be
required prior to the start of construction.
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SPECIAL REVIEW PERMIT (USR13-0012) - PRADO VIEW INVESTMENTS COMPANY, LP
PAGE 6
3. The applicant shall submit one (1) electronic or three (3) paper copies of the plat
or preliminary approval to the Weld County Department of Planning Services.
(Department of Planning Services)
4. Upon completion of Condition of Approval #1 above, the applicant shall submit
an electronic version (.pdf), or three (3) paper copies, of the plat to the Weld
County Department of Planning Services for preliminary approval. The plat shall
be prepared in accordance with the requirements of Section 23-2-260.D of the
Weld County Code. Upon approval of the plat, the applicant shall submit a Mylar
plat, along with all other documentation required as Conditions of Approval. The
Mylar plat and additional requirements shall be submitted within one hundred
twenty (120) days from the date of the Board of County Commissioners
Resolution. The Mylar plat shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of Planning Services. The applicant shall
be responsible for paying the recording fee.
5. The Department of Planning Services respectfully requests a digital copy of this
Use by Special Review, as appropriate. Acceptable CAD formats are .dwg, .dxf,
and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or
ArcGIS Personal GeoDataBase (MDB). The preferred format for Images is .tif
(Group 4). (Group 6 is not acceptable). This digital file may be sent to
maps@co.weld.co.us.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 17th day of July, A.D., 2013.
BOARD OF COUNTY COMMISSIONERS
WELOLORADO
Weld County Clerk to the Board
BY
Deputy C
APP
D
k to the Bo
my ttorney
JUL 3 0 2013
Date of signature:
1
William . Garcia, Chair
M Freeman
Mr,
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Barbara Kirk
eyer
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
PRADO VIEW INVESTMENTS COMPANY, LP
USR13-001 2
1. The Site Specific Development Plan and Use by Special Review Permit, USR13-0012, is
for an Agricultural Service Establishment primarily engaged in performing agricultural,
animal husbandry or horticultural services on a fee or contract basis, including a
Livestock Confinement Operation (7,500 -head dairy) in the A (Agricultural) Zone District.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. The facility will operate 24 hours per day.
4. The total number of on -site employees shall be limited to thirty five (35).
5. The facility shall operate in compliance with Colorado Water Quality Control Commission
Regulation 81 (5 CCR 1002-81) and 61 (5 CCR 1002-61).
6. There shall be no discharge of manure or wastewater to surface waters, unless allowed
by Regulation 81 or by Confined Animal Feeding Operation (CAFO) Colorado Discharge
Permit issued in accordance with Regulation 61.
7. The facility shall register as a Confined Animal Feeding Operation (CAFO) with the
Colorado Department of Public Health and Environment (CDPHE) upon reaching the
registration threshold.
8. Prior to wastewater entering new or expanded impoundment, the facility shall
demonstrate compliance with the setback to water wells, separation from seasonal high
groundwater, and that the impoundment's liners meet the seepage rate standards
required by Colorado Water Quality Control Commission Regulation Number 81.
9. Land applications of manure and wastewater shall be made at agronomic rates using
practices and procedures, which are protective of ground and surface waters. Land
applications shall be in accordance with the facilities Manure and Wastewater
Management Plan, Facility Management Plan, or Nutrient Management Plan. There
shall be no discharge from land application areas except for agricultural stormwater.
10. The facility shall control fugitive dust on this site and operate in accordance with their
current approved Management Plan for Nuisance Control.
11. The facility shall be operated in a manner to control pests. The facility shall be operated
in accordance, at all times, with their current approved Management Plan for Nuisance
Control. Additional control measures shall be implemented at the request of the Weld
County Department of Public Health and Environment (WCDPHE) in the event that
rodents (which can be determined to be associated with the facility) are in such a
number to be considered a nuisance condition.
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DEVELOPMENT STANDARDS (USR13-0012) - PRADO VIEW INVESTMENTS COMPANY, LP
PAGE 2
12. The facility shall be operated in a manner to control flies. The facility shall be operated
in accordance, at all times, with their current approved Management Plan for Nuisance
Control. Additional fly control measures shall be implemented at the request of the
WCDPHE 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. Additional controls
shall also be implemented in the event the WCDPHE receives a significant number of fly
(associated with facility) complaints, and in the judgment of the Weld County Health
Officer, there exists a fly condition requiring abatement.
13. The facility shall be operated in a manner to control odors and in accordance with their
approved Nuisance Control Plan. Odors detected off -site shall not equal or exceed the
level of fifteen -to -one dilution threshold, as measured using methods set forth in
Regulation 2 of the Colorado Air Pollution Control Regulations. Additional controls shall
be implemented at the request of the WCDPHE 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
judgment of the Weld County Health Officer, there exists an odor condition requiring
abatement.
14. 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 Regulation 81.
15. Any Individual Sewage Disposal System (I.S.D.S.) on the property shall be permitted,
installed, maintained and operated in compliance with all provisions of the Weld County
Code, pertaining to I.S.D.S.
16. The facility shall operate in compliance with applicable Colorado Air Quality Control
Commission Regulations. There shall be no open burning except "Agricultural Open
Burning," as defined by Colorado Air Quality Control Commission's Regulation 9.
17. 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. This
is not meant to include those wastes specifically excluded from the definition of a solid
waste in the Solid Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S.
18. Waste materials, not specifically addressed by other development standards, shall be
handled, stored, and disposed of in a manner that controls fugitive dust, blowing debris,
and other potential nuisance conditions.
19. The facility shall provide adequate drinking water, hand washing, and toilet facilities.
20. If applicable, the applicant shall obtain Stormwater Discharge Permit coverage for
construction activities from the Colorado Department of Public Health and Environment,
Water Quality Control Division.
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DEVELOPMENT STANDARDS (USR13-0012) - PRADO VIEW INVESTMENTS COMPANY, LP
PAGE 3
21. The applicant shall apply for, and obtain, a commercial Individual Sewage Disposal
System (I.S.D.S.) Permit for disposal of sanitary wastes from the milk parlor and from
restroom facilities for employees and patrons of the facility. Any existing systems must
be evaluated and permitted in accordance with the WCDPHE policy and all applicable
provisions of the Weld County Code pertaining to I.S.D.S.
22. Composting operations shall comply with Section 14 of the Regulations Pertaining to
Solid Waste Sites and Facilities (6 CCR 1007-2, Part 1).
23. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist
on the property or become established as a result of the proposed development, the
applicant/landowner shall be responsible for controlling the noxious weeds.
24. The historical flow patterns and runoff amounts will be maintained on the site .
25. Weld County is not responsible for the maintenance of onsite drainage related features.
26. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties where such would cause a nuisance or interfere with the use of the adjacent
properties in accordance with the plan. Neither the direct, not reflected, light from any
light source may create a traffic hazard to operators of motor vehicles on public or
private streets. No colored lights may be used which may be confused with, or
construed as, traffic control devices.
27. Building Permits issued on the lot will be required to adhere to the fee structure of the
County -Road Impact Program.
28. Building Permits issued on the lot will be required to adhere to the fee structure of the
County Facility Fee and Drainage Impact Fee Programs.
29. The Use by Special Review activity shall not occur, nor shall any building or electrical
permits be issued on the property, until the Use by Special Review plat is ready to be
recorded in the office of the Weld County Clerk and Recorder.
30. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
31. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
32. Necessary personnel from the Weld County Departments of Planning Services, Public
Works, and Public Health and Environment 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 Conditions of Approval and Development Standards stated herein and all
applicable Weld County regulations.
33. The Use by 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
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DEVELOPMENT STANDARDS (USR13-0012) - PRADO VIEW INVESTMENTS COMPANY, LP
PAGE 4
County 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.
34. 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.
35. Buildings and structures shall conform to the requirements of the various codes adopted
at the time of permit application. Currently, the following have been adopted by Weld
County: 2012 International Building Code, 2012 International Mechanical Code, 2012
International Plumbing Code, 2006 International Energy Code, 2012 International Fuel
Gas Code, 2011 National Electrical Code, 2003 ANSI 117.1 Accessibility Code, and
Chapter 29 of the Weld County Code.
36. The designated haul route for the facility will be south on County Road 35 to U.S.
Highway 85.
37. Prior to the release of any Building Permit, the applicant shall submit evidence of
approval from the LaSalle Fire Protection District to the Weld County Building
Department.
38. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the plat and recognized at all times.
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