HomeMy WebLinkAbout20101549.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1741 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 (EXPANSION OF AN EXISTING DAIRY
TO A TOTAL OF 1,400 ANIMALS, INCLUDING MILKING COWS, DRY COWS,
HEIFERS, AND CALVES) IN THE A (AGRICULTURAL) ZONE DISTRICT- ROSWELL
AND KERRY CHECKETTS
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 23rd day
of June, 2010, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Roswell and Kerry Checketts, 21506 County Road 43, LaSalle,
Colorado 80645, for a Site Specific Development Plan and Use by Special Review
Permit#1741 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 (expansion of an existing dairy to a total of 1,400 animals,
including milking cows, dry cows, heifers, and calves) in the A (Agricultural) Zone District, on the
following described real estate, being more particularly described as follows:
Lots A and B of Recorded Exemption #3556;
located in part of the S1/2 NW1/4 of Section 15,
Township 4 North, Range 65 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, at said hearing on June 23, 2010, the Board deemed it advisable to
continue the matter to July 21, 2010, to allow adequate time for the Planning Commission to
review the matter in a hearing was which continued from June 1, 2010, to July 6, 2010, and
WHEREAS, at said hearing on July 21, 2010, the applicants were present and
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.
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2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.8 of the Weld County Code as follows:
a. Section 23-2-230.6.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
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." Section 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." Section 22-2-20 (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." This use is a proposed expansion of an existing
dairy on the property and there is not an existing Use by Special Review
permit on the site. The applicants are proposing to add additional pens to
the east of the existing pens. Dairies are agricultural related uses. A
Lighting Plan is required to be submitted 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 23-3-40.6.16 of the Weld
County Code provides for Livestock Confinement Operations 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 surrounding
properties are all zoned agricultural, and the site is located in an
agricultural area. The site is located within one-quarter mile of four (4)
single-family residences to the west and south. Two (2) additional
single-family residences are located to the north. A Lighting Plan is
required to be submitted to address the impacts from the expansion of
this feedlot. The applicants will also be required to 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
otherwise 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 the 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
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Plans of affected municipalities. The proposed facility expansion is not
located within the three-mile referral area of any municipality.
e. Section 23-2-230.B.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 January 1, 2003,
building permits issued on the proposed lots will be required to adhere to
the fee structure of the County-Wide Road Impact Fee Program.
Effective August 1, 2005, building permits issued on the proposed lots will
be required to adhere to the fee structure of the Capital Expansion Impact
Fee and the Stormwater/Drainage Impact Fee Programs.
f. Section 23-2-230.6.6 -- The applicants have demonstrated a diligent
effort to conserve prime agricultural land in the locational decision for the
proposed use. The proposed USR permit will be located on a part of the
property considered "Prime (Irrigated)" according to the U.S.D.A. Soil
Conservation Map, dated 1979. The use of the land will remain in an
agricultural-related use.
g. Section 23-2-230.B.7 -- The Design Standards (Section 23-2-240 of the
Weld County Code), Operation Standards (Section 23-2-250 of the 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 Roswell and Kerry Checketts, for a Site Specific
Development Plan and Use by Special Review Permit #1741 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 (expansion of
an existing dairy to a total of 1,400 animals, including milking cows, dry cows, heifers, and
calves) 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 amended to delineate the following:
1) All sheets of the plat shall be labeled USR-1741.
2) The plat shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
3) Oil and gas drilling window locations (if no Surface Use
Agreement or Memorandum of Understanding is reached) shall be
specified, in accordance with Colorado Oil and Gas Conservations
Commission regulations.
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4) County Road 43 is classified as a collector road, which requires
80 feet of right-of-way at full buildout. There is presently 60 feet of
right-of-way. A total of 40 feet from the centerline of County
Road 43 shall be designated as future road right-of-way. The
applicants shall verify the existing right-of-way and the documents
creating the right-of-way, which shall be noted on the plat. All
setbacks shall be measured from the edge of future County road
right-of-way.
5) Tracking control at the main and secondary accesses shall be
provided to prevent tracking mud onto County Road 43. The
tracking control shall be shown and labeled on the plat.
6) The existing access, circulation, and gravel driveway shall be
graded and drained to provide an all-weather access to the facility.
7) Location of proposed lighting, as outlined in the approved Lighting
Plan.
B. The applicants shall submit, to the Weld County Department of Planning
Services, a copy of an agreement with the property's 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. Drill envelopes may be delineated on
the plat, in accordance with state requirements, as an attempt to mitigate
concerns. The plat shall be amended to include any possible future
drilling sites.
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 applicants shall address the concerns and requirements of the Weld
County Department of Public Works, as outlined in the referral dated
October 27, 2009. Written evidence that these concerns have been
addressed shall be submitted to the Department of Planning Services.
E. Building permits shall be obtained for all existing structures on the
property which require permits and have not been permitted.
F. The applicants shall demonstrate that the proposed open lot wastewater
impoundments will meet the setbacks to water wells and groundwater for
new and expanded impoundments, as required by Colorado Water
Quality Control Commission Regulation Number 81 (6 CCR 1002-81),
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Section 81.8 (6)(a) and (b), and that the impoundment's liner(s) meet the
seepage rate standards of Section 81.8(2). Evidence of such shall be
provided to the Departments of Public Health and Environment and
Planning Services.
G. The applicants shall provide evidence that the facility has been registered
as a Confined Animal Feeding Operation (CAFO) with the Colorado
Department of Public Health and Environment. Written evidence of such
shall be provided to the Departments of Public Health and Environment
and Planning Services.
H. The applicants shall apply for, and obtain, a commercial Individual
Sewage Disposal System (I.S.D.S.) permit for disposal of sanitary wastes
from the milk parlor, and from restroom facilities for employees and
patrons of the facility. If the applicant intends to use the existing system,
the system must be evaluated and permitted in accordance with Weld
County Department of Public Health and Environment policies and all
applicable provisions of the Weld County Code, pertaining to I.S.D.S.
Regulations. Written evidence of such shall be provided to the
Department of Planning Services.
I. The applicants shall submit a Private Improvements Agreement
According to Policy Regarding Collateral for Improvements and post
adequate collateral for landscaping and parking improvements. The
applicants shall submit an itemized landscaping bid to the Department of
Planning Services, for review. 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. Alternately, the
applicants may submit evidence that all the work has been completed and
approved by the Departments of Planning Services and Public Works.
J. If a sign is proposed, the applicants shall submit a detailed Signage Plan
to the Department of Planning Services, including the 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 applicants 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 sixty
(60) days from the date of the Board of County Commissioners Resolution. The
applicants shall be responsible for paying the recording fee.
3. In accordance with Weld County Code Ordinance #2005-7, approved June 1,
2005, should the plat not be recorded within the required sixty (60) days from the
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date of the Board of County Commissioners Resolution, a $50.00 recording
continuance charge may be added for each additional three (3) month period.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 21st day of July, A.D., 2010.
BOARD OF COUNTY COMMISSIONERS
WELD COUNT,Y, LORADO
ATTEST: E ♦ 94ec t , Lvtr-
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gla Rademac r, hair
Weld County Clerk to th o
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rbara Kirkmeyer, ro-Tem
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Deputy Clerk to the Bo�: l'
Sea P. Conway
AP ED A • EXCUSED
Willi. Garda
County Attorney
/ David E. Long
Date of signature: V/y
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ROSWELL AND KERRY CHECKETTS
USR-1741
1. A Site Specific Development Plan and Use by Special Review Permit #1741 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 (expansion of an existing dairy to a total of 1,400 animals
including milking cows, dry cows, heifers and calves) in the A (Agricultural) Zone District,
and is 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 facility will operate 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 seventeen (17).
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 the Confined Animal
Feeding Operation (CAFO) Colorado Discharge Permit issued in accordance with
Regulation 61.
7. The facility shall control fugitive dust on this site and shall operate in accordance with the
current approved Management Plan for Nuisance Control.
8. Any 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 facility's 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.
9. The facility shall be operated and maintained in a manner to prevent nuisance conditions
and in accordance with the 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.
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11. 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 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 complaints associated with this 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 the 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 the 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 which will prevent nuisance conditions. The manure piles shall not be allowed
to exist or deteriorate to a condition which facilitates excessive odors, flies, insects,
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, which is a violation of Colorado Water
Quality Control Commission Regulation Number 81.
14. Any Individual Sewage Disposal System (I.S.D.S.) located 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 which 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.
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19. If applicable, a Stormwater Discharge Permit shall be obtained from the Colorado
Department of Public Health and Environment, Water Quality Control Division, for
construction activities.
20. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
21. A plan review is required for each building or structure for which a building permit is
required. Two complete sets of plans are required when applying for each permit. The
applicants shall include a Code Analysis Data sheet, from the Weld County Department
of Building Inspections, for each structure which requires a permit. Submittal plans shall
include a floor plan showing the specific uses of each area for the building. Plans shall
bear the wet stamp of a Colorado registered architect or engineer.
22. Buildings 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 Fuel Gas Code, 2006 International Energy Code,
2003 ICC ANSI 117.1 Accessibility Code, 2008 National Electrical Code, and Chapter 29
of the Weld County Code.
23. All building plans shall be submitted to the LaSalle Fire Department, for review and
approval, prior to issuance of building permits.
24. Prior to release of building permits, a letter from the LaSalle Fire District shall be
provided to the Department of Building Inspection, indicating whether or not a Fire
District permit is required.
25. The historical flow patterns and runoff amounts shall 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.
26. 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, shall be maintained at a maximum height of twelve (12)
inches until the area is completely developed.
27. The applicants shall utilize the existing accesses to the parcel.
28. The existing access, circulation, and gravel driveway shall be graded and drained to
provide an all-weather access to the facility.
29. The applicants shall adhere to the approved Lighting Plan.
30. Effective January 1, 2003, building permits issued on the proposed lots will be required
to adhere to the fee structure of the County-Wide Road Impact Fee Program.
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31. Effective August 1, 2005, building permits issued on the proposed lots will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee Programs.
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.
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. The property owner or operator shall be responsible for complying with the Livestock
Confinement Operation Standards of Section 23-4-350 of the Weld County Code.
35. Weld County personnel 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
Development Standards stated herein and all applicable Weld County regulations.
36. 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.
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.
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