HomeMy WebLinkAbout20132539.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY
SPECIAL REVIEW PERMIT, USR13-0038 (FORMERLY SUP -219), 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 (7,725 -HEAD FEEDLOT) AND ONE (1)
SINGLE-FAMILY DWELLING UNIT PER LOT, OTHER THAN THOSE PERMITTED
UNDER SECTION 23-3-20.A (SECOND SINGLE FAMILY DWELLING UNIT) IN THE
A (AGRICULTURAL) ZONE DISTRICT - CHAMBERS LOREN SR.
TRUST/SCHLEINING GENETICS, LLC
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 11th day
of September, 2013, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Chambers Loren Sr. Trust/Schleining Genetics, LLC, 18850
Highway 14, Ault, Colorado 80610, for a Site Specific Development Plan and Amended Use by
Special Review Permit, USR13-0038 (Formerly SUP -219), 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 (7,725 -head
feedlot) and one (1) single-family dwelling unit per lot, other than those permitted under Section
23-3-20.A (second single family dwelling unit) in the A (Agricultural) Zone District, on the
following described real estate, being more particularly described as follows:
Part of the NE1/4 of Section 18, Township 7 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by Glen Chaplewski,
AGPROfessionals, LLC, 4350 Highway 66, Longmont, Colorado 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.
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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.B.1. -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 22-2-20.A (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 to increase an
existing USR (SUP -219) from 1,600 to 9,600 head of cattle. The
existing feedlot has been in existence for approximately 35 years.
The application materials state that an additional six (6) corrals will
be constructed to the east and west of the existing corrals and the
area for feed will be expanded to the east. The existing
residences will continue to be used as rental property as
employee housing. No new structures are proposed at this time.
A Lighting Plan will be required to address the impacts from this
facility on neighboring properties and rights -of -way.
B. Section 23-2-230.B.2. -- The proposed use is consistent with the intent of the
A (Agricultural) Zone District. Sections 23-3-40.B.16 and 23-3-40.M. of the Weld
County Code, allow for a Site Specific Development Plan and Amended Use By
Special Review Permit (SUP -219) 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
(9,600 -head feedlot) and one (1) single-family dwelling unit per lot other than
those permitted under Section 23-3-20.A (second single family dwelling unit) in
the A (Agricultural) Zone District.
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 a shop, two (2) houses, an office and a shed. There are
two (2) existing corrals. Six (6) corrals are proposed for the additional
8,000 -head of cattle. The site is one (1) mile east of the Town of Ault and outside
the Town of Ault's Intergovernmental Agreement (IGA) boundary. The adjacent
properties are mainly utilized for pastures, crops, and rural residences. State
Highway 14 borders the site on the north, County Road (CR) 39 borders the site
on the east, and the Eaton Ditch borders the site on the south. The adjacent
land to the west is cropland. The closest residence is located on the southeast
corner of State Highway 14 and CR 39, approximately 75 feet from the east
property line. The residence on the northeast corner of State Highway 14 and
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CR 39 is approximately 178 feet from the east property line. There are six (6)
USRs located within one (1) mile of this parcel. The closest USR, south and
adjacent of the site, is USR-1020 for the storage of sugar beets. AmUSR-199,
east and adjacent to the site, is a feedlot for 3,000 cattle. USR-1583, 1,000 feet
south of the site is an 8,000 -head dairy. Approximately, one-half (0.5) mile to the
west along State Highway 14 is USR-1078 for a farm implement business;
one-third mile to the west is USR-148, a feedlot for 8,000 sheep. Finally, one (1)
mile southwest of the site is AmUSR-786, for onion sorting and storage. The
Weld County Department of Planning Services has received two (2) phones calls
from surrounding property owners opposing this expansion stating concerns
about flies, odors, traffic, and that the number of cattle is too dense for the site.
As a Condition of Approval, the applicant is required to submit a Lighting Plan.
This Lighting Plan, in conjunction with the Development Standards and the other
Conditions of Approval for this proposal, will assist in mitigating the impacts of
the facility on the adjacent properties and ensure compatibility 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 (3) mile referral area of the Towns of Ault and Eaton. The Town of Eaton
did not respond with referral comments. The Town of Ault's referral comments
indicated no concerns.
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, 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 proposed facility is located on approximately 38 acres of Prime (Irrigated)
and approximately 40 acres Irrigated Land (Not Prime), per the 1979 Soil
Conservation Service Important Farmlands of Weld County Map. The proposed
USR will take approximately 38 acres of Prime (Irrigated) Farmland out of
production. However, a feedlot is an agricultural use.
G. Section 23-2-230.B.7 -- There are adequate provisions for the protection of the
health, safety, and welfare of the inhabitants of the neighborhood and County.
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 willensure that there are adequate provisions for the
protection of health, safety, and welfare of the inhabitants of the neighborhood
and County.
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Chambers Loren Sr. Trust/Schleining Genetics,
LLC, for a Site Specific Development Plan and Amended Use by Special Review Permit,
USR13-0038 (Formerly SUP -219), 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 (7,725 -head feedlot) and one (1) single-family
dwelling unit per lot, other than those permitted under Section 23-3-20.A (second single family
dwelling unit) 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 submit a Lighting Plan to the Department of Planning
Services, for review and approval. Any lighting poles and lamps shall
comply with Section 23-3-360.F. 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.
B. In accordance with Chapter 23, Article IV, Division 2, the applicant shall
submit a Signage Plan to the Department of Planning Services, for review
and approval. The quantity, size and location of the signs shall comply
with Appendix 23-C and Appendix 23-D.
C. The applicant shall address the requirements of the Colorado Department
of Transportation, as stated in the emails dated June 24, 2013, and the
August 12, 2013. Written evidence of such shall be provided to the
Department of Planning Services.
D. The applicant shall address the requirements of the Division of Water
Resources, as stated in the referral dated July 10, 2013. Written evidence
of such shall be provided to the Department of Planning Services.
E. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR13-0038.
2) The attached Development Standards.
3) The plat shall be prepared per Section 23-2-260.D of the Weld
County Code.
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4) 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.
5) The approved Parking Plan, as indicated in the application
materials.
6) The approved Lighting Plan.
7) The approved Signage Plan.
8) CR 39 is designated on the Weld County Road Classification Plan
as a local road, which requires 60 feet of right-of-way at full
buildout. The applicant shall verify and delineate on the plat the
existing right-of-way and the documents creating the right-of-way.
All setbacks shall be measured from the edge of future
right-of-way. This road is maintained by Weld County.
9) Show the approved Colorado Department of Transportation and
Weld County accesses on the plat and label with the approved
access permit numbers.
2. 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.
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the plat not be recorded within the required one hundred twenty
(120) days from the date of the Board of County Commissioners Resolution, a
$50.00 recording continuance charge shall added for each additional three (3)
month period.
4. 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
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(Group 4). (Group 6 is not acceptable). This digital file may be sent to
maps@co.weld.co.us.
5. Prior to construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading
Permit will be required.
6. 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 11th day of September, A.D., 2013.
Weld County Clerk to the Board
BY:
Deputy C
APP
obec
to the Board
AS atORM:
y Att • rney
BOARD OF COUNTY COMMISSIONERS
WELD, Ol NTY, COLORADO
William F. Garcia, Chair
Dougla ademac er, ro-Tem
an P. Conway
Nfil a Freeman
Barbara Kirkme
er
OCT 0 9 2013
Date of signature:
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
CHAMBERS LOREN SR. TRUST/SCHLEINING GENETICS, LLC
USR13-0038
1. A Site Specific Development Plan and Amended Use By Special Review Permit,
USR13-0038 (Formerly SUP -219), is 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 (9,600 -head feedlot) and one
(1) single-family dwelling unit per lot, other than those permitted under Section 23-3-20.A
(second single family dwelling unit) in the A (Agricultural) Zone District, subject to the
Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. The hours of operations shall be 24 hours a day, 7 days a week, as stated in the
application materials.
4. All signs shall be in compliance with the Weld County Code.
5. The parking, sign(s), and lighting on the site shall be maintained in accordance with the
approved Parking/Sign/Lighting Plans.
6. Should 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, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
7. The historical flow patterns and runoff amounts will be maintained on the site.
8. Weld County is not responsible for the maintenance of on -site drainage related features.
9. There shall be no parking or staging of vehicles on County roads. On -site parking shall
be utilized.
10. The facility shall operate in compliance with Colorado Water Quality Control Commission
Regulation 81 (5 CCR 1002-81) and 61 (5 CCR 1002-61).
11. The facility shall maintain registration as a Confined Animal Feeding Operation (CAFO)
with the Colorado Department of Public Health and Environment upon reaching the head
count threshold.
12. There shall be no discharge of manure or wastewater to surface waters, unless allowed
by Regulation 81 or by CAFO Colorado Discharge Permit issued in accordance with
Regulation 61.
13. Prior to wastewater entering new or expanded impoundments, the facility shall
demonstrate compliance with the setback to water wells, separation from seasonal high
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groundwater, and that the impoundment's liner(s) meet the seepage rate standards
required by Colorado Water Quality Control Commission Regulation Number 81.
14. 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.
15. The facility shall control fugitive dust on this site and install/operate (as necessary) a
water sprinkler system and/or water truck to control dust. The facility shall control fugitive
dust on this site and operate in accordance with their current approved Management
Plan for Nuisance Control.
16. 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 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.
17. 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 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. Additional controls 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 judgment of the Weld County Health
Officer, there exists a fly condition requiring abatement.
18. 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 (15:1) 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 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 (15:1) dilution threshold, or in the judgment of the Weld County
Health Officer, there exists an odor condition requiring abatement.
19. 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.
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20. The facility shall provide adequate drinking water, hand washing, and toilet facilities.
21. 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. Existing systems must be evaluated and permitted in
accordance with Weld County Department of Public Health and Environment policy and
all applicable provisions of the Weld County Code pertaining to I.S.D.S. The number of
onsite employees shall be commensurate with the number of persons which the septic
system will accommodate.
22. 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.
23. 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.
24. 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.
25. 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.
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 on the adjacent
properties in accordance with the plan. Neither the direct, nor 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 -Wide Road Impact Fee Program.
28. The pens that are farthest to the east and to the west will be built last.
29. 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.
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.
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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
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. 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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