HomeMy WebLinkAbout20122320.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR12-0034, FOR AN AGRICULTURAL SERVICE ESTABLISHMENTS
PRIMARILY ENGAGED IN PERFORMING AGRICULTURAL, ANIMAL HUSBANDRY
OR HORTICULTURAL SERVICES ON A FEE OR CONTRACT BASIS, INCLUDING A
LIVESTOCK CONFINEMENT OPERATION (6,000-HEAD DAIRY) AND ONE SINGLE
FAMILY DWELLING UNIT PER LOT, OTHER THAN THOSE PERMITTED UNDER
SECTION 23-3-20.A OF THE WELD COUNTY CODE (A SECOND SINGLE FAMILY
DWELLING), IN THE A (AGRICULTURAL) ZONE DISTRICT - BB COLORADO
HOLDINGS, 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 5th day of
September, 2012, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of BB Colorado Holdings, LLC, 9000 West 67th Avenue, Merriam,
Kansas 66202-3700, for a Site Specific Development Plan and Use by Special Review Permit,
USR12-0034, 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 (6,000-head dairy) and one single family dwelling unit per lot
other than those permitted under Section 23-3-20.A of the Weld County Code (a second single
family dwelling), in the A (Agricultural) Zone District, on the following described real estate,
being more particularly described as follows:
NE1/4 of Section 22, Township 2 North, Range 67
West of the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was present and represented by Tom Haren,
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 23-2-230.6 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.
L% : et/ Ai, Pie) f/z /f',/ /T%'/4l 2012-2320
//- S-s)r/c9 PL2177
SPECIAL REVIEW PERMIT (USR12-0034) - BB COLORADO HOLDINGS, LLC
PAGE 2
1) Section 22-2-20.A (A. Goal') 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 6,000-head dairy on a property that
was previously used as a poultry facility. There is not an existing
Use by Special Review Permit (USR) on the site. The applicant is
proposing to demolish the existing poultry facilities and erect a
dairy parlor, hospital barn, commodity barn, shop, hay barns,
waste water storage ponds and livestock pens. The applicant will
be required to submit a Landscape and Screening Plan and a
Lighting Plan 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. Sections 23-3-40.6.16 and 23-3-40.M of
the Weld County Code allow 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 (6,000-head dairy) and one single family dwelling
unit per lot, other than those permitted under Section 23-3-20.B of the
Weld County Code (a second single family dwelling), 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 many improvements,
including several poultry sheds, many poultry cages (screened houses),
some outbuildings and two single family residences. Surrounding
properties to the north, south and west are mainly utilized for grazing of
livestock and irrigated crop production. Adjacent properties to the east
are mainly utilized for residential purposes. Also in the adjacent area are
the following Use by Special Review Permits: SUP-62 for a Turkey Farm,
USR-1184 for an equine breeding, boarding and training facility, and
USR-1063 for a 24-inch gas line. The nearest residence is
approximately 33 feet away from the property in question. The Weld
County Department of Planning Services has received numerous letters
from surrounding property owners expressing their concerns on the
following: odor, property values declining, dust, and road base for the
2012-2320
PL2177
SPECIAL REVIEW PERMIT (USR12-0034) - BB COLORADO HOLDINGS, LLC
PAGE 3
county roads. As a Condition of Approval, the applicant is required to
submit a Screening and Lighting Plan to help mitigate the concerns. 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 area for
the City of Fort Lupton and the Towns of Firestone and Frederick. The
City of Fort Lupton, in the referral dated July 2, 2012 stated, "This
property is within our 2007 Comprehensive Plan and this area is
designated as Agriculture. Fort Lupton is not opposed to the proposed
commercial venture but would like to discuss the possibility of potential
annexation and development of the property through the Fort Lupton
process. Thank you for the opportunity to make comment concerning this
proposal." The Weld County Department of Planning Services has not
received a referral response from the Towns of Firestone or Frederick.
As a Condition of Approval, the applicant will need to attempt to address
the concerns of the Town of Fort Lupton.
E. Section 23-2-230.6.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. 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.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 "Other" and the northeast corner of the property is
designated "Prime If They Become Irrigated," per the 1979 Soil
Conservation Service Important Farmlands of Weld County Map. The
property was utilized as a poultry facility and, therefore, the proposed
dairy USR does not take any additional farmland out of production.
G. Section 23-2-230.6.7 -- 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 will ensure that there
are adequate provisions for the protection of the health, safety, and
welfare of the inhabitants of the neighborhood and County.
2012-2320
PL2177
SPECIAL REVIEW PERMIT (USR12-0034) - BB COLORADO HOLDINGS, LLC
PAGE 4
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of BB Colorado Holdings, LLC, for a Site Specific
Development Plan and Use by Special Review Permit, USR12-0034, 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 (6,000-head
dairy) and one single family dwelling unit per lot other than those permitted under
Section 23-3-20.A of the Weld County Code (a second single family dwelling), 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 City of Fort
Lupton, as stated in the referral received July 2, 2012. 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 According to Policy Regarding Collateral for
Improvements and post adequate collateral for all transportation (access
drive, parking areas, etcetera) and non-transportation (fencing, screening,
drainage, etcetera). The agreement and form of collateral shall be
reviewed by County staff and accepted by the Board of County
Commissioners prior to recording the USR plat. The applicant may
submit evidence that all the work has been completed and reviewed by
the Departments of Planning Services and Public Works.
C. 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
evaluated and permitted in accordance with Weld County Department of
Public Health and Environment (WCDPHE) policy and all applicable
provisions of the Weld County Code pertaining to I.S.D.S.
D. The applicant shall provide documentation by a Colorado registered
engineer demonstrating 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's) for the impoundment has been submitted.
E. The applicant shall either submit a copy of an agreement with the
property's mineral owner/operators stipulating that the oil and gas
activities have been adequately incorporated into the design of the site, or
show evidence that an adequate attempt has been made to mitigate the
concerns of the mineral owner/operators. Drill envelopes can be
2012-2320
PL2177
SPECIAL REVIEW PERMIT (USR12-0034) - BB COLORADO HOLDINGS, LLC
PAGE 5
delineated on the plat in accordance with the state requirements as an
attempt to mitigate concerns. The plat shall be amended to include any
possible future drilling sites.
F. If a sign is proposed, the applicant shall submit a detailed Signage Plan,
including location and size, to the Department of Planning Services. 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.
G. The applicant shall submit a Landscape Plan/Screening Plan to the
Department of Planning Services for review and approval. The applicant
shall place "plant material" or other acceptable screening material to
mitigate the impacts of the facility from adjacent properties, more
specifically screening the compost area, south pond, east pond and
silage piles from adjacent properties and public rights-of-way. Upon
approval, the Landscape and Screening Plan shall be placed on the plat.
H. The applicant shall submit a Lighting Plan to the Department of Planning
Services for review and approval.
The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR12-0034.
2) The plat shall be prepared per Section 23-2-260.D of the Weld
County Code.
3) The attached Development Standards.
4) Show the approved access points on the plat and label them with
the Access Permit number.
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.
6) County Roads (CR) 21 and 20 are designated on the Weld County
Road Classification Plan as local gravel roads, which require 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. These roads
are maintained by Weld County.
7) The approved location of the proposed lighting and signs.
2012-2320
PL2177
SPECIAL REVIEW PERMIT (USR12-0034) - BB COLORADO HOLDINGS, LLC
PAGE 6
8) The approved Landscape and Screening Plan.
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 location of the two existing homes.
11) 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.
2. Prior to Construction:
A. In the event that one 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 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.
3. The applicant shall submit three (3) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
4. Upon completion of Conditions of Approval #1 through #3 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 twenty (120) days from the date of the Board of
County Commissioners Resolution. 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
2012-2320
PL2177
SPECIAL REVIEW PERMIT (USR12-0034) - BB COLORADO HOLDINGS, LLC
PAGE 7
(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 5th day of September, A.D., 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY LORADO
ATTEST: •
a Sear . on a air
m
Weld County Clerk to the Bo
L? 1861 Q 11V . iam . G ia, Pro-Tem
BY: 6- _ 444YVV
Deputy Clerk to the Boar �� CUSED
�' Fb .//Bar Kirkmeyer
AP RM: cc./
David E. Long
ounty Attorney \rec\)(9-b, t
Douglat Radematrher
Date of signature: /Li//g
2012-2320
PL2177
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
BB COLORADO HOLDINGS, LLC
USR12-0034
1. A Site Specific Development Plan and Use by Special Review Permit, USR12-0034, 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 (6,000-head dairy) and one single family dwelling unit
per lot, other than those permitted under Section 23-3-20.A of the Weld County Code (a
second single family dwelling), 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 twenty-four (24) hours per day. Equipment operations, trucks,
farming activities and maintenance activities, other than emergencies, will occur
primarily during daylight hours.
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
Regulations 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 a Confined Animal Feeding Operation (CAFO) Colorado
Discharge Permit issued in accordance with Regulation 61.
7. The facility, upon being defined as a CAFO (Large CAFO 700 dairy cows), shall register
as a CAFO and compile a Facility Management Plan or obtain a 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 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.
10. The facility shall be operated in a manner to control flies. The facility shall be operated
in accordance, at all times, with the 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
complaints (associated with facility), and in the judgment of the Weld County Health
Officer, there exists a fly condition requiring abatement.
2012-2320
PL2177
DEVELOPMENT STANDARDS (USR12-0034) - BB COLORADO HOLDINGS, LLC
PAGE 2
11. The facility shall be operated in a manner to control odors and in accordance with the
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.
12. The applicant shall remove, handle, and stockpile manure from the livestock area in a
manner that will prevent nuisance conditions. The manure piles shall not be allowed to
exist or deteriorate to a condition that facilitates excessive odors, flies, insect pests, or
pollutant runoff. The surface beneath the manure storage areas shall be of materials
which are protective of State waters. These areas shall be constructed to minimize
seepage or percolation of manure contaminated water. In no event shall the facility
impact or degrade waters of the State in violation of Regulation 81.
13. 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.
14. 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.
15. 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.
16. 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.
17. Composting operations shall comply with Section 14 (Composting) of the Regulations
Pertaining to Solid Waste Sites and Facilities (6 CCR 1007-2).
18. Adequate drinking water, hand washing, and toilet facilities shall be provided for
employees and patrons of the facility.
19. If applicable, the applicant shall obtain stormwater discharge permit coverage for
construction activities from the Colorado Department of Public Health and Environment
(CDPHE), Water Quality Control Division.
20. 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.
2012-2320
PL2177
DEVELOPMENT STANDARDS (USR12-0034) - BB COLORADO HOLDINGS, LLC
PAGE 3
21. The historical flow patterns and runoff amounts will be maintained on the site in such a
manner that it 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.
22. Weld County is not responsible for the maintenance of on-site drainage related features.
23. The landscaping/screening on-site shall be maintained in accordance with the approved
Landscape/Screening Plan.
24. 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. 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.
25. 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.
26. 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.
27. The Use by Special Review activity shall not occur, nor shall any building or electrical
permits be issued, on the property until the Special Review plat is ready to be recorded
in the office of the Weld County Clerk and Recorder.
28. The property owner, or operator, shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
29. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
30. 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.
31. 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.
2012-2320
PL2177
DEVELOPMENT STANDARDS (USR12-0034) - BB COLORADO HOLDINGS, LLC
PAGE 4
32. 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.
33. All 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.
34. Prior to the release of building permit, the applicant shall submit evidence of approval
from the Fort Lupton Fire Protection District to the Weld County Department of Building
Inspection.
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.
2012-2320
PL2177
Hello