HomeMy WebLinkAbout20123150.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR12-0039, FOR AN AGRICULTURAL SERVICE ESTABLISHMENT
PRIMARILY ENGAGED IN PERFORMING AGRICULTURAL, ANIMAL HUSBANDRY
OR HORTICULTURAL SERVICES ON A FEE OR CONTRACT BASIS, INCLUDING:
GRAIN AND/OR FEED ELEVATORS, GRAIN AND FEED SALES, COMMERCIAL
GRAIN STORAGE AND DRYING, SEED PRODUCTION, PROCESSING, STORAGE,
MIXING, BLENDING AND SALES AND RETAIL AND WHOLESALE OF PRODUCTS
AND SIMILAR GOODS ASSOCIATED WITH THE AGRIBUSINESS AND
AGRICULTURAL USES (PROSPECT VALLEY GRAIN, LLC - GRAIN AND
SUNFLOWER RECEIVING AND STORAGE FACILITY WITH SCALE HOUSE, OFFICE
AND SUPPORT AND STORAGE BUILDINGS) IN THE A (AGRICULTURAL) ZONE
DISTRICT - PROSPECT VALLEY GRAIN, 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 7th day of
November, 2012, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Prospect Valley Grain, LLC, 0949 County Road 67, Keenesburg,
Colorado 80631, for a Site Specific Development Plan and Use by Special Review Permit,
USR12-0039, for an Agricultural Service Establishment primarily engaged in performing
agricultural, animal husbandry or horticultural services on a fee or contract basis, including:
grain and/or feed elevators, grain and feed sales, commercial grain storage and drying, seed
production, processing, storage, mixing, blending and sales and retail and wholesale of
products and similar goods associated with the agribusiness and agricultural uses (Prospect
Valley Grain, LLC - grain and sunflower receiving and storage facility with scale house, office
and support and storage buildings) in the A (Agricultural) Zone District, on the following
described real estate, being more particularly described as follows:
SW1/4 of Section 27, Township 1 North, Range 63
West of the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was present and represented by Kirk Goble,
The Bell 5 Company, 710 11th Avenue, #107, Greeley, Colorado 80631, 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.
Cr) CP l,_ 1)‘'\4 r - in 17
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SPECIAL REVIEW PERMIT (USR12-0039) - PROSPECT VALLEY GRAIN, LLC
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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.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."
2) Section 22-2-20.G (A.Goal 7) states: "County land use regulations
should protect the individual property owner's right to request a
land use change." and Section 22-2-20.G.1 (A.Policy 7.1) states:
"County land use regulations should support commercial and
industrial uses that are directly related to, or dependent upon,
agriculture, to locate within the agricultural areas, when the impact
to surrounding properties is minimal, or can be mitigated, and
where adequate services are currently available or reasonably
obtainable."
3) Section 22-2-20.6.2 (A.Policy 2.2) states: "Allow commercial and
industrial uses, which are directly related to, or dependent upon,
agriculture, to locate within agricultural areas when the impact to
surrounding properties is minimal, or mitigated, and where
adequate services and infrastructure are currently available or
reasonably obtainable. These commercial and industrial uses
should be encouraged to locate in areas that minimize the
removal of agricultural land from production." The site consists of
77.42 acres that is in agricultural production. Surrounding lands
are all large tract agricultural lands, several with center pivots.
The Prospect Lateral irrigation ditch is adjacent to the north.
B. Section 23-2-230.8.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.6 of the Weld County
Code allows for an Agricultural Service Establishment primarily engaged
in performing agricultural, animal husbandry or horticultural services on a
fee or contract basis as a Use by Special Review in the A (Agricultural)
Zone District.
C. Section 23-2-230.6.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The applicant plans
construction of a grain receiving and handling station, specifically to
receive both confection and oil sunflowers from local farmers. The
sunflowers are to be dried and stored, then shipped out over time to the
processor(s). The applicant anticipates receiving loads of sunflowers from
approximately 30-40 farmers who would deliver in farm trucks and
semi-tractor trailers during the harvest period, approximately October 15,
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through December 1. Six (6) to ten (10) loads per day would be
anticipated during this time. Sunflowers would be shipped out via truck
over the following six (6) months or so as processors can receive them.
Initial construction will consist of two (2) 80,000-bushel capacity grain
bins. As the business capacity grows in the future, the applicant plans to
erect an additional seven (7) 80,000-bushel bins, a truck scale, a 60-foot
by 80-foot office/scale house, a 50-foot by 120-foot storage shed, and a
smaller 30-foot by 40-foot storage shed. The type of structure is similar to
other farms holding grain or seed in the County. There are 11 property
owners on 11 properties within 500 feet of the proposed facility. Of the 11
properties, there are three residences located within this same distance.
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
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 not located within three (3) miles of a
municipality, and Adams County did not return a referral indicating a
conflict with its interests.
E. Section 23-2-230.B.5 -- The site does not lie within any Overlay Districts.
Effective April 25, 2011, building permits issued on the property 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
property will be required to adhere to the fee structure of the 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 for the proposed use. The U.S.D.A.
Soils Maps of Prime Farmlands of Weld County, dated 1979, designated
the soils on this property as "High Potential Dry Cropland, Prime if they
become irrigated;" however, the footprint of the facility is approximately
ten (10) acres in area. The site will be minimally disturbed for required
construction. There are no plans for outside equipment storage or other
facility or equipment requiring screening. The appearance of the facility
will be much like an on-farm grain storage and handling facility. The
portions of the primary 10-acre site that are not utilized for structures or
roads and driveways will be seeded to a native grass mix that will provide
ground cover and reduce potential erosion. The remainder of the parcel
will continue to be farmed as it is now, as the applicant is utilizing the
property for the highest and best 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.
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Prospect Valley Grain, LLC, for a Site Specific
Development Plan and Use by Special Review Permit, USR12-0039, for an Agricultural Service
Establishment primarily engaged in performing agricultural, animal husbandry or horticultural
services on a fee or contract basis, including: grain and/or feed elevators, grain and feed sales,
commercial grain storage and drying, seed production, processing, storage, mixing, blending
and sales and retail and wholesale of products and similar goods associated with the
agribusiness and agricultural uses (Prospect Valley Grain, LLC - grain and sunflower receiving
and storage facility with scale house, office and support and storage buildings) 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 plat shall be prepared per Section 23-2-260.D of the Weld County
Code.
B. All sheets of the plat shall be labeled USR12-0039.
C. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) County Road (CR) 4 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. There is presently 60 feet of
right-of-way. All setbacks shall be measured from the edge of
right-of-way. The applicant shall verify the existing right-of-way
and the documents creating the right-of-way. If the right-of-way
cannot be verified, it shall be dedicated. This road is maintained
by Weld County.
3) CR 67 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. There is presently 60 feet of right-of-way. All setbacks
shall be measured from the edge of right-of-way. The applicant
shall verify the existing right-of-way and the documents creating
the right-of-way. If the right-of-way cannot be verified, it shall be
dedicated. This road is maintained by Weld County.
4) All parking for this site must be off-street and internal and
delineated on the plot plan map.
5) The applicant shall show the approved accesses on the plat, one
(1) off of CR 4 and label it with the approved access permit
number (Number will be forthcoming).
6) The applicant shall delineate the tracking control to prevent
tracking of mud and debris from the site onto a County roadway.
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Standard tracking control for accesses onto gravel roads includes
double cattle guards at the access point.
7) The drilling windows per Rule 318A of the Colorado Oil and Gas
Conservation Commission Rules and Regulations.
D. The applicant shall address the requirements or concerns of the
Department of Public Works, as stated in the referral response dated
August 7, 2012. Evidence of such shall be submitted, in writing, to the
Weld County Department of Planning Services.
E. The applicant shall address the requirements or concerns of Weld County
Department of Building Inspection, specifically addressing the change of
use for each structure located on the property, as stated in the referral
response dated July 23, 2012. Evidence of such shall be submitted, in
writing, to the Weld County Department of Planning Services.
F. The applicant shall attempt to address the requirements of the
Department of Public Health and Environment, as stated in the referral
response dated August 6, 2012. Evidence of approval shall be submitted,
in writing, to the Department of Planning Services, specific to:
1) The applicant shall submit a Dust Abatement Plan, detailing
on-site dust control measures, for review and approval, to the
Weld County Department of Public Health and Environment.
2) The applicant shall submit a Waste Handling Plan, for approval, to
the Environmental Health Services Division of the Weld County
Department of Public Health and Environment. The plan shall
include, at a minimum, the following:
a) A list of wastes which are expected to be generated on the
site (this should include expected volumes and types of
waste generated).
b) A list of the type and volume of chemicals expected to be
stored on the site.
c) The waste handler and facility where the waste will be
disposed of (including the facility name, address, and
phone number).
d) The applicant shall submit three (3) paper copies of the
plat for preliminary approval to the Weld County
Department of Planning Services.
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
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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 twenty (120) days from the date of the Board of County Commissioners
Resolution. The applicant shall be responsible for paying the recording fee.
3. 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.
4. 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 may be added for each additional three (3)
month period.
5. Prior to the Release of Building Permits:
A. A building permit will be required for any new construction, alteration, or
addition to any buildings or structures on the property.
B. It is required 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 engineered plans, including Engineered Foundation Plans bearing
the wet stamp of a Colorado registered architect or engineer, must be
submitted for review.
D. A Geotechnical Engineering Report performed by a Colorado registered
engineer or an Open Hole Inspection shall be required.
E. 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.
F. A plan review shall be approved and a permit must be issued prior to the
start of construction.
G. All building plans shall be submitted to the Southeast Weld Fire
Protection District, for review and approval, prior to the issuance of
building permits.
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6. Prior to the issuance of the Certificate of Occupancy:
A. An individual sewage disposal system is required for the proposed facility
and shall be installed according to the Weld County Individual Sewage
Disposal System (I.S.D.S.) Regulations. The septic system is required to
be designed by a Colorado registered professional engineer, according to
the I.S.D.S. Regulations.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 7th day of November, A.D., 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO\lf\ATTEST: 0flwavI
ean P. Co:. -y, Chair
Weld County Clerk to the Bo .tl � i / C
N k F. Garcia, Pro-T m •
BY:
Deputy Clerk o t e Board ` Olt,
. ,•� �, ( ��/��_
♦ - q, .:. raKirkmeyerT
APP D AS M: f .
David E. Long
ounty ttorneyD. Q1 .ero(( ra ChM"'
Dougla Rademacher
Date of signature:
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
PROSPECT VALLEY GRAIN, LLC
USR12-0039
1. The Site Specific Development Plan and Use by Special Review Permit, USR12-0039,
is for an Agricultural Service Establishment primarily engaged in performing agricultural,
animal husbandry or horticultural services on a fee or contract basis, including: grain
and/or feed elevators, grain and feed sales, commercial grain storage and drying, seed
production, processing, storage, mixing, blending and sales and retail and wholesale of
products and similar goods associated with the agribusiness and agricultural uses
(Prospect Valley Grain, LLC - grain and sunflower receiving and storage facility with
scale house, office and support and storage buildings) in the A (Agricultural) Zone
District, as indicated in the application materials on file and subject to the Development
Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, Section 30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a
manner that protects against surface and groundwater contamination.
4. No permanent disposal of wastes shall be permitted 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.
5. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions.
6. The applicant shall operate in accordance with the approved Waste Handling Plan, at all
times.
7. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The
facility shall be operated in accordance with the approved Dust Abatement Plan, at all
times.
8. This facility shall adhere to the maximum permissible noise levels allowed in the
Non-Specified Zone, as delineated in Section 14-9-30 of the Weld County Code.
9. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
10. Adequate drinking, hand washing and toilet facilities shall be provided for employees
and patrons of the facility, at all times. Portable toilets and bottled water are allowed for
two (2) or less full-time employees (40 hour week) and seasonal uses that are utilized
six (6) months or less per year. Records of maintenance and proper disposal for
portable toilets shall be retained on a quarterly basis and available for review by the
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Weld County Department of Public Health and Environment. Portable toilets shall be
serviced by a cleaner licensed in Weld County and shall contain hand sanitizers.
11 A permanent, adequate water supply shall be provided for drinking and sanitary
purposes when there are two (2) or more full-time (40 hour week) employees located on
site and one (1) or more part-time (20 hour week) employees located on site.
12. This application is proposing a well as its source of water at full buildout. The applicant
should be made aware that while they may be able to obtain a well permit from the
Office of the State Engineer, Division of Water Resources, the quantity of water available
for usage may be limited to specific uses, i.e. interior commercial use only, etc. Also, the
applicant should be made aware that groundwater may not meet all drinking water
standards as defined by the Colorado Department of Public Health and Environment.
The applicant is strongly encouraged to test their drinking water prior to consumption
and periodically test it over time.
13. The operation shall comply with all applicable rules and regulations of the state and
federal agencies and the Weld County Code.
14. The off-street parking spaces, including the access drive, shall be surfaced with gravel,
asphalt, concrete or the equivalent and shall be graded to prevent drainage problems.
15. The historical flow patterns and runoff amounts will be maintained on the site in such a
manner that will reasonably preserve the natural character of the area and prevent
property damage of the type generally attributed to runoff rate and velocity increases,
diversions, concentration and/or unplanned ponding of storm runoff.
16. Weld County shall not be responsible for the maintenance of on-site drainage related
facilities.
17. 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.
18. There shall be no parking or staging of vehicles on the County Road (CR). Use the
on-site parking area.
19. In the event that one (1) or more acres are disturbed during the construction and
development of the site, the applicant shall obtain a Stormwater Discharge Permit from
the Water Quality Control Division (WQCD) of the Colorado Department of Public Health
and Environment (CDPHE).
20. 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 Best Management
Practices (BMPs) to be utilized, typical installation and maintenance notes for all BMPs
to be utilized, and a copy of the approved CDPHE Stormwater Permit.
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21. A building permit may be required for any new construction, alteration, or addition to any
buildings or structures on the property.
22. It is required that a Code Analysis be done on the project by a design professional with
experience in this area.
23. A Building Permit Application must be completed and two (2) complete sets of
engineered plans, including Engineered Foundation Plans bearing the wet stamp of a
Colorado registered architect or engineer, must be submitted for review.
24. A Geotechnical Engineering Report performed by a Colorado registered engineer or an
Open Hole Inspection 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. A plan review shall be approved and a permit must be issued prior to the start of
construction.
27. Any lighting, including light from high temperature processes such as welding or
combustion, shall be designed, located and operated in such as manner as to meet the
following standards: sources of light shall be shielded so that beams or rays of light will
not shine directly onto adjacent properties; 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; and no colored lights may be used which may be confused with, or
construed as, traffic control devices.
28. The number of full-time employees associated with this facility is limited to ten (10)
persons.
29. Effective April 25, 2011, building permits issued on the property will be required to
adhere to the fee structure of the County-Wide Road Impact Fee Program.
30. Effective April 25, 2011, building permits issued on the property will be required to
adhere to the fee structure of the County Facility Fee and Drainage Impact Fee
Programs.
31. 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.
32. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
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33. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
34. 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.
35. 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.
36. Construction or use pursuant to approval of a Use by Special Review Permit shall
commence within three (3) years from the date of approval, unless otherwise specified
by the Board of County Commissioners when issuing the original permit, or the Permit
shall be vacated. The Director of Planning Services may grant an extension of time, for
good cause shown, upon a written request by the landowner.
37. 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.
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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