HomeMy WebLinkAbout20121786.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR12-0016, 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 (15,000-HEAD DAIRY CALF FACILITY) IN
THE A (AGRICULTURAL) ZONE DISTRICT- QUANAH CATTLE COMPANY, 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 27th day
of June, 2012, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Quanah Cattle Company, LLC, 5285 McWhinney Boulevard, Suite
120, Loveland, Colorado 80538, for a Site Specific Development Plan and Use by Special
Review Permit, USR12-0016, 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 (15,000-head dairy calf facility) in the
A (Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
E1/2 SE1/4 and part of the NE1/4 Section 28,
Township 5 North, Range 64 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, at said hearing, the Board deemed it advisable to continue the matter to
July 18, 2012, to allow additional time to meet newspaper publication requirements, and
WHEREAS, at said hearing, the applicant was present/represented by Tim Naylor,
AGPROfessionals, LLC, 4350 State 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.
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.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) Sec. 22-4-190.A states: "Agricultural waste results from the raising
of crops or animals, including animal manures, that are returned to
the soils as fertilizer or soil conditioners. Improperly managed
agricultural waste can impact public health. Agricultural waste
must be managed and processed appropriately to protect human
and environmental health."
3) Section 22-2-20.6 (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."
This use is a dairy calving facility on an old poultry farm. There is not an
existing Use by Special Review Permit on the site for the poultry farm.
The applicant is proposing to use the existing poultry barns on the site
and add exercise pens along with a composting area and
stormwater/process water pond. This is an agricultural related use. The
Department of Planning Services is requiring a Lighting Plan to address
the impacts from the expansion of 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 provides for Livestock Confinement Operations
(15,000-head dairy calving operation) as a Use by Special Review 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 surrounding
properties are all zoned agricultural. The site is located immediately
across County Road 52 from a single family residence. Another single
family residence is located immediately to the southeast, and another
residence is located approximately 1/4 mile to the east. The applicant will
be required to submit a Lighting Plan to address the impacts from the
expansion of this feedlot, and adhere to specific Development Standards
imposed by the County, as well as Confined Animal Feeding Operation
(CAFO) regulations. This will ensure the facility is operating in
compliance with numerous conditions, which would not be required for a
facility operating as a Use by Right.
D. Section 23-2-230.6.4 -- The uses which will be permitted will be
compatible with future development of the surrounding area as permitted
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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 proposed facility expansion is located within the
three-mile referral area of the Town of Kersey, but not within the town's
Urban Growth Boundary, as delineated in the Kersey/Weld County
Coordinated Planning Agreement (adopted by Weld County and codified
under Chapter 19, Article XI of the Weld County Code). A small portion of
the property that is separated by the Lower Latham Ditch is located within
the Town of Kersey IGA boundary. The site is located approximately one
(1) mile to the southeast of the Town Limits of Kersey. The Town of
Kersey, in the referral dated April 5, 2012, recommended approval of this
proposed facility with the condition that the roads located in the town
limits of Kersey be included on the haul route as proposed in the Road
Maintenance Agreement and that the Dust Control Plan be enforced. An
Improvements and Road Maintenance Agreement is required as a
Condition of Approval for this permit.
E. Section 23-2-230.6.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. The proposed facility does not lie
within the boundaries of any overlay district. Effective April 25, 2011,
building permits issued on the proposed lot will be required to adhere to
the fee structure of the County-Wide Road Impact Fee Program.
Effective April 25, 2011, building permits issued on the proposed lot will
be required to adhere to the fee structure of the County Facility Fee and
Drainage Impact Fee Programs.
F. Section 23-2-230.6.6 -- The applicant has demonstrated a diligent effort
to conserve prime agricultural land in the locational decision for the
proposed use. The proposed Use by Special Review will be located on
that part of the property considered "Other Land" according to the
U.S.D.A. Soil Conservation Map, dated 1979. The use of the land is
covered with existing buildings and improvements and will remain in an
agricultural related use.
G. Section 23-2-230.6.7 -- 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 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 Quanah Cattle Company, LLC, for a Site Specific
Development Plan and Use by Special Review Permit, USR12-0016, 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 (15,000-head
dairy calf facility) in the A (Agricultural) Zone District, on the parcel of land described above be,
and hereby is, granted subject to the following conditions:
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1. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR12-0016.
2) The plat shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
3) County Road 52 and County Road 55 are local gravel roads and
require a 60-foot right-of-way at full buildout. There is presently a
60-foot right-of-way. The applicant shall verify the existing
right-of-way and the documents creating the right-of-way shall be
noted on the plat. All setbacks shall be measured from the edge
of future county road right-of-way.
4) The applicant will utilize the existing accesses to the property.
Additional accesses will not be granted. Show the approved
access points on the plat and label them with the Access Permit
number(AP12-00147).
5) Access improvements are required and shall include 60-foot
radiuses to accommodate turning trucks and double cattle guards
across the access to prevent the tracking of mud onto the gravel
roadway. This shall be indicated on the plat.
6) Indicate the employee/visitor parking area.
7) Location of proposed lighting as outlined in the approved Lighting
Plan.
B. The applicant shall either submit, to the Weld County Department of
Planning Services, a copy of an agreement with the property mineral
owners/operators stipulating that the oil and gas activities have
adequately been incorporated into the design of the site, or show
evidence that an adequate attempt has been made to mitigate the
concerns of the mineral owners.
C. A Lighting Plan, including cut sheets of the intended lights, shall be
provided to the Department of Planning Services, for review and
approval. The Lighting Plan shall adhere to the lighting standards, in
accordance with Sections 23-3-360.F and 23-2-250.D of the Weld County
Code. Lighting shall be shielded and downcast. Further, the approved
Lighting Plan shall be delineated on the plat.
D. The applicant shall apply for, and obtain, a commercial Individual Sewage
Disposal System (I.S.D.S.) permit for disposal of sanitary wastes from
plumbing fixtures for employees and patrons of the facility. If the
applicant intends to use an existing system, the system must be
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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.
E. The applicant shall demonstrate that the impoundment meets the
following requirements of Colorado Water Quality Control Commission
Regulation 81 (6 CCR 1002-81): (1) setback from water wells, (2)
impoundment liner setback from seasonal high groundwater, (3)
impoundment liner seepage rate, and (4) that a manure removal standard
operational procedures (SOP) for the impoundment has been submitted.
F. An Improvements and Road Maintenance Agreement is required for this
site. The Department of Public Works will provide a draft of the
agreement after the Board of County Commissioners hearing for this
project. The agreement and form of collateral (if collateral is required as a
condition prior to recording the plat) shall be reviewed by County staff and
accepted by the Board of County Commissioners prior to recording the
Use by Special Review plat. The applicant may submit evidence that all
the work has been completed and approved by the Departments of
Planning Services and Public Works. The County shall attempt to
address the dust control and haul route comments from the Town of
Kersey referral dated April 5, 2012, within said Improvements Agreement.
G. 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 VI, Division II, and
Appendices C through E of the Weld County Code.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit a
Mylar plat along with all other documentation required as Conditions of Approval.
The Mylar plat shall be recorded in the office of the Weld County Clerk and
Recorder by the Department of Planning Services. The plat shall be prepared in
accordance with the requirements of Section 23-2-260.D of the Weld County
Code. The Mylar plat and additional requirements shall be submitted within one-
hundred eighty (180) days from the date of the Board of County Commissioners
Resolution. 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 eighty
(180) days from the date of the Weld County Board of Commissioners
Resolution, a $50.00 recording continuance charge may be added for each
additional three month period.
4. Prior to Release of Building Permits/Prior to Construction:
A. If more than one (1) acre is to be disturbed, a grading permit will be
required prior to the start of construction. The Grading Permit Application
must contain an Erosion and Sediment Control Plan, a Grading Plan,
installation details of all BMPs to be utilized, typical installation and
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maintenance notes for all BMPs to be utilized, and a copy of the approved
Colorado Department of Public Health and Environment (CDPHE)
Stormwater Permit.
B. A building permit will be required for any new construction, alteration, or
addition to any buildings or structures on the property. Structures that
meet the definition of Ag-Exempt, per Chapter 23 of the Weld County
Code, will require a Certificate of Compliance Application. It is
recommended that a code analysis be done on the project by a design
professional with experience in this area.
C. A Building Permit Application must be completed and two (2) complete
sets of plans, including engineered foundation plans bearing the wet
stamp of a Colorado registered architect or engineer, must be submitted
for review. A Geotechnical Engineering Report, performed by a Colorado
registered engineer, shall be required.
D. 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: 2006 International Building Code,
2006 International Mechanical Code, 2006 International Plumbing Code,
2006 International Energy Code, 2006 International Fuel Gas Code, 2011
National Electrical Code, 2003 ANSI 117.1 Accessibility Code and
Chapter 29 of the Weld County Code.
E. A plan review shall be approved and a permit must be issued prior to the
start of construction.
F. Prior to the release of a building permit, the applicant shall submit
evidence of approval from the Platte Valley Fire Protection District to the
Department of Building Inspection.
5. Prior to Operation:
A. Access improvements are required, and shall include, 60-foot radiuses to
accommodate turning trucks and double cattle guards across the access to
prevent the tracking of mud onto the gravel roadway.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 18th day of July, A.D., 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: �.w • 6)
Sean P. Cones hair
Weld County Clerk to the Board v
tr. iq i�s, ill'am F. arcia, Pr - em
BY: — ,1 et•�`:; \
Deputy Cl; k to t Bo- ,t► N '!'4'ie
Miabi I� .. t'e ar raKirkmey ,6'
•.� l
' 'bey` l r
AP EDAS R fir. * ° d e✓�C
�J David E. Long
County Attorney kg c-C+ra write-1)u'
ouglas Radema her
Date of signature: `d't`3_I a
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
QUANAH CATTLE COMPANY, LLC
USR12-0016
1. A Site Specific Development Plan and Use by Special Review Permit, USR12-0016, 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 (15,000-head dairy calf facility) 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 employees shall be limited to thirty-five (35) as stated in the
application materials.
5. The facility shall operate in compliance with Colorado Water Quality Control Commission
Regulation Number 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 Water Quality Control Commission Regulation Number 81 or by (CAFO) Colorado
Discharge Permit issued in accordance with Regulation 61.
7. The facility, upon being defined as a Confined Animal Feeding Operation (CAFO) (Large
CAFO 1000 head), shall register as a CAFO and compile a Facility Management Plan or
obtain a Colorado Discharge Permit System (CDPS) CAFO Permit.
8. The facility shall control fugitive dust on this site and operate in accordance with the
current approved Management Plan for Nuisance Control.
9. The facility shall be operated and maintained in a manner to prevent nuisance
conditions, in accordance with the current approved Management Plan for Nuisance
Control.
10. The facility shall be operated in a manner to control pests. The facility shall be operated
in accordance, at all times, with the 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.
11. 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
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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 complaints(associated with facility), and in the judgment of the Weld County Health
Officer, there exists a fly condition requiring abatement.
12. The facility shall be operated in a manner to control odors. The facility shall be operated
in accordance with the approved Management Plan for Nuisance Control. 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 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 judgment of the Weld County Health Officer, there exists an odor condition requiring
abatement.
13. 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 Colorado Water Quality Control
Commission Regulation Number 81.
14. Any Individual Sewage Disposal System (I.S.D.S.) on the property shall be permitted,
installed, maintained, and operated in compliance with Weld County I.S.D.S.
Regulations.
15. 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.
16. 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.
17. 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.
18. Adequate drinking water, hand washing, and toilet facilities shall be provided for
employees and patrons of the facility.
19. Composting operations shall comply with Section 14 of the Regulations Pertaining to
Solid Waste Sites and Facilities (6 CCR 1007-2).
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20. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
21. If more than one (1) acre is to be disturbed, a grading permit will be required prior to the
start of construction. The Grading Permit Application must contain an Erosion and
Sediment Control Plan, a Grading Plan, installation details of all BMPs to be utilized,
typical installation and maintenance notes for all BMPs to be utilized, and a copy of the
approved CDPHE Stormwater Permit.
22. 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 CDPHE.
23. A building permit will be required for any new construction, alteration, or addition to any
buildings or structures on the property. Structures that meet the definition of Ag-Exempt,
per Chapter 23 of the Weld County Code, will require a Certificate of Compliance
Application. It is recommended that a code analysis be done on the project by a design
professional with experience in this area.
24. A Building Permit Application must be completed and two (2) complete sets of plans,
including engineered foundation plans bearing the wet stamp of a Colorado registered
architect or engineer, must be submitted for review. A Geotechnical Engineering Report,
performed by a Colorado registered engineer, shall be required.
25. 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: 2006 International Building Code, 2006 International Mechanical Code, 2006
International Plumbing Code, 2006 International Energy Code, 2006 International Fuel
Gas Code, 2011 National Electrical Code, 2003 ANSI 117.1 Accessibility Code and
Chapter 29 of the Weld County Code.
26. Prior to the release of a building permit, the applicant shall submit evidence of approval
from the Platte Valley Fire Protection District to the Weld County Department of Building
Inspection.
27. A plan review shall be approved and a permit must be issued prior to the start of
construction.
28. 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. All
vegetation, other than grasses, needs to be maintained at a maximum height of 12
inches until the area is completely developed.
29. The applicant will utilize the existing accesses to the property. Additional accesses will
not be granted.
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30. The existing access, circulation, and gravel driveway shall be graded and drained to
provide an all-weather access to the facility.
31. The applicant shall adhere to the approved Lighting Plan. Sources of light, including
light from high-temperature processes such as combustion or welding, 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. Neither direct, nor
reflected, light from any light source may create a traffic hazard to operators of motor
vehicles on public or private streets and no colored lights may be used which may be
confused with, or construed as, traffic control devices.
32. Effective April 25, 2011, building permits issued on the proposed lot will be required to
adhere to the fee structure of the County-Wide Road Impact Fee Program.
33. Effective April 25, 2011, building permits issued on the proposed lot will be required to
adhere to the fee structure of the County Facility Fee and Drainage Impact Fee
Programs.
34. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
35. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
36. The property owner or operator shall be responsible for complying with the Livestock
Confinement Operations Operation Standards of Section 23-4-350 of the Weld County
Code.
37. 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.
38. 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.
39. 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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