HomeMy WebLinkAbout20081668.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1654 FOR AN AGRICULTURAL SERVICE ESTABLISHMENT PRIMARILY
ENGAGED IN PERFORMING AGRICULTURAL, ANIMAL HUSBANDRY, OR
HORTICULTURAL SERVICES ON A FEE OR CONTRACT BASIS, INCLUDING
SORTING,GRADING,AND PACKING FRUITS AND VEGETABLES FOR THE GROWER
(HANDLING AND STORAGE OF SUGAR BEETS) IN THE A (AGRICULTURAL) ZONE
DISTRICT- FRONT RANGE FEEDLOTS, LLC, C/O WESTERN SUGAR COOPERATIVE
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 18th day of
June, 2008, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Front Range Feedlots, LLC, P.O. Box 517, Eaton, Colorado 80615, do Western
Sugar Cooperative, 1221 8th Avenue, Unit E, Greeley, Colorado 80631-11693, for a Site Specific
Development Plan and Use by Special Review Permit #1654 for an Agricultural Service
Establishment primarily engaged in performing agricultural, animal husbandry, or horticultural
services on a fee or contract basis, including sorting, grading, and packing fruits and vegetables
for the grower (handling and storage of sugar beets) in the A (Agricultural) Zone District, on the
following described real estate, being more particularly described as follows:
E1/2 NE1/4 of Section 28, Township 6 North, Range
65 West of the 6th P.M., Weld County, Colorado
WHEREAS, said applicant was represented by Mike Otto, Western Sugar Cooperative, at
said hearing, 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.B.1 --The proposed use is consistent with Chapter 22 and
any other applicable Code provisions or ordinances in effect.
Section 22-2-60.A.3(A.Policy 1.3) states, "Allow commercial and industrial
uses, which are directly related to, or dependent upon, agriculture, to locate
within the A (Agricultural) Zone District when the impact to surrounding
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SPECIAL REVIEW PERMIT#1654- FRONT RANGE FEEDLOTS, LLC, CIO WESTERN SUGAR
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properties is minimal, and where adequate services are currently available
and reasonably obtainable. Agricultural businesses and industries will be
encouraged to locate in areas that minimize the removal of agricultural land
from production." A beet piling and storage facility is considered an
agricultural related use.
b. Section 23-2-230.8.2--The proposed use is consistent with the intent of the
A (Agricultural) Zone District. Section 23-3-40.8.1 allows an Agricultural
Service Establishment primarily engaged in performing agricultural, animal
husbandry, or horticultural services on a fee or contract basis, including
sorting, grading and packing fruits and vegetables for the grower(handling
and storage of sugar beets), as a Use by Special Review Permit 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. Lands adjacent to this development
are predominately agricultural. Five (5) single family residences are in the
near vicinity; one is on the property and not associated with this facility.
Four(4)single family residences are to the north-northwest of the proposed
facility, north of County Road 66. DCP Midstream operates the Lucerne gas
processing facility to the south of the subject property, permitted under
Second Amended USR-552. A letter from DCP Midstream, dated
February 14, 2008, indicates no objections to this proposal. Southeast of
this proposal is a Confined Animal Feeding Operation, permitted under
Special Use Permit#172. Adjacent roads are paved with adjacent borrow
ditches. The Conditions of Approval and Development Standards will
ensure that this operation is compatible with the existing surrounding land
uses.
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 Plans of affected
municipalities. The proposed USR is located within the three-mile referral
area of the City of Greeley,which indicated no objections to this application,
in the referral received May 22, 2008.
e. Section 23-2-230.B.5--The site is not located within the Floodplain Overlay
District, as delineated and defined by the FIRM Community Panel Maps
080266-0627C and 080266-0629C, dated September 28, 1982. 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 subject
site will be required to adhere to the fee structure of the Capital Expansion
Impact Fee and the Stormwater/Drainage Impact Fee Programs.
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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 property is designated as "Prime," according to the
U.S. Department of Agriculture Soil Conservation Map, dated 1979.
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 Front Range Feedlots, LLC, do Western Sugar
Cooperative, for a Site Specific Development Plan and Use by Special Review Permit #1654 for
an Agricultural Service Establishment primarily engaged in performing agricultural, animal
husbandry, or horticultural services on a fee or contract basis, including sorting, grading, and
packing fruits and vegetables for the grower (handling and storage of sugar beets) 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 has not indicated that there will be any lighting on the site. If
lighting is intended, a Lighting Plan, including cut sheets of the proposed
light fixtures, shall be provided to the Department of Planning Services for
review and approval. The Lighting Plan shall adhere to the lighting
requirements for off-street parking spaces, per Section 23-4-30.E of the
Weld County Code, and shall adhere to the lighting standards, in
accordance with Sections 23-3-360.F and 23-2-250.D of the Weld County
Code. Furthermore, the approved Lighting Plan shall be delineated on the
plat.
B. The applicant shall submit evidence of an Air Pollution Emission Notice
(A.P.E.N.) and Emissions Permit application (for dust emissions) from the
Air Pollution Control Division (APCD)of the Colorado Department of Public
Health and Environment, if applicable. Alternately, the applicant may
provide evidence from the APCD that they are not subject to these
requirements. Written evidence of such shall be submitted to the
Department of Planning Services.
C. The applicant shall address the recommendations of the North Weld County
Water District, as stated in the referral received May 8, 2008. Written
evidence of such shall be submitted to the Department of Planning Services.
D. The applicant shall address the requirements of the Department of Natural
Resources, Division of Water Resources, Office of the State Engineer, as
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stated in the referral received May 19, 2008. Written evidence of such shall
be submitted to the Department of Planning Services.
E. The applicant shall address the requirements of the Weld County
Department of Public Works, as stated in the referral received May 2, 2008.
Written evidence of such shall be submitted to the Department of Planning
Services.
F. 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 23-C through 23-E of the Weld County Code.
G. The applicant shall complete all proposed improvements, including asphalt
and culvert improvements associated with enlarging the turning radius on
the northwest and southwest corners of County Roads 43 and 66, to
36-feet, and the installation of bollards (if necessary)to protect the existing
power pole, to the satisfaction of the Department of Public Works, or, enter
into an Off-Site Improvements Agreement According to Policy Regarding
Collateral for Improvements and post adequate collateral for all required
materials. If an Improvements Agreement is necessary, the applicant shall
submit a draft Improvements Agreement According to Policy Regarding
Collateral for Improvements (Public Road Maintenance). The Agreement
shall be reviewed and approved by the Department of Public Works. The
applicant shall submit a signed copy of the Improvements Agreement,along
with the appropriate collateral. The agreement and collateral shall be
approved and accepted by the Board of County Commissioners, prior to
recording the plat.
H. The applicant shall complete all proposed improvements, including
placement of an 18-inch corrugated metal pipe, with flared end sections,
and a trash rack at both locations with an adequate turning radius of 40-feet,
replacement of the culvert at the tank battery access, additional pavement
from County Road 66 south 100 feet at both the point of ingress and point
of egress,the installation of two cattle guards at the point of egress, and the
installation of a Stop sign at the point of egress, to the satisfaction of the
Department of Public Works, or, enter into an On-Site Improvements
Agreement According to Policy Regarding Collateral for Improvements and
post adequate collateral for all required materials. If an Improvements
Agreement is necessary, the applicant shall submit a draft Improvements
Agreement According to Policy Regarding Collateral for Improvements
(Private Road Maintenance). The Agreement shall be reviewed and
approved by the Departments of Planning Services and Public Works. The
applicant shall submit a signed copy of the Improvements Agreement,along
with the appropriate collateral. The agreement and collateral shall be
approved and accepted by the Board of County Commissioners, prior to
recording the plat.
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The plat shall be amended to delineate the following:
1) The plat shall be prepared in accordance with Section 23-2-260.D of
the Weld County Code.
2) The attached Development Standards.
3) Each sheet of the plat shall be labeled USR-1654.
4) The applicant shall obtain a written agreement with either the Cache
La Poudre Reservoir Company, the Pleasant Valley Lateral
Company, the New Cache La Poudre Irrigation Company, or their
successors, for two (2) or more points for ingress and egress
crossing of the ditch south of, and adjacent to, County Road 66 onto
lands associated with the Western Sugar Cooperative sugar beet
facility.
5) County Roads 66 and 43 are designated on the Weld County Road
Classification Plan as Collector roads, which require 80 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. 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.
6) The single point of ingress and single point of egress shall have a
minimum turning radius of forty(40)feet to accommodate semi-type
truck traffic.
7) The single point of ingress shall have an additional one hundred
(100) feet of pavement south of County Road 66 onto the site,
where, at the end of this apron two cattle guards shall be located on
the one-way circulation road to the scale house.
8) The single point of egress shall have two cattle guards, then an
additional one hundred (100) feet of pavement, north to County
Road 66 where a Stop sign shall be located at the approach to
County Road 66.
9) The internal circulation pattern, based on the Geotechnical Report,
and the employee parking areas identified within the circulation
pattern.
10) Any approved signs, if applicable.
11) The approved Lighting Plan, if applicable.
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12) The 200-foot setback radii for existing oil and gas tank batteries,and
the 150-foot setback radii for oil and gas wellheads, located on the
site shall be indicated.
13) The location of the future shop/office.
14) The location of the septic envelope(s) associated with the future
shop/office.
15) All parking and screened outdoor storage area(s).
2. The applicant shall submit two (2) paper copies of the plat for preliminary approval
to the Weld County Department of Planning Services.
3. Upon completion of Conditions of Approval #1 and #2 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 and twenty (120) days from the date of the Board of County
Commissioners Resolution. The applicant shall be responsible for paying the
recording fee.
4. The Department of Planning Services respectfully requests the surveyor provide a
digital copy of this Use by Special Review. Acceptable CAD formats are .dwg, .dxf,
and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo
Coverages and Arclnfo Export files format type is .e00. 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.
5. Prior to Release of Building Permits (for any current of future construction):
A. A building permit application must be completed, and two 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.
6. Prior to the construction of any structure:
A. A letter of approval shall be provided from the Eaton Fire Protection District.
7. 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.
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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 June, A.D., 2008.
'y ! BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: 4taki
F "wy am H. Jerke, Chai
Weld County Clerk to the r . i \
(vV`
Robert D. Masden, Pro-Tern
BY•
Deputy Clerk to the Board
William F. Garcia
P VED • cA,1, C
David E. Long
ounty Attorney
ougla ademacher
Date of signature: ,Z42.2a4f)
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
FRONT RANGE FEEDLOTS, LLC
C/O WESTERN SUGAR COOPERATIVE
USR#1654
1. Site Specific Development Plan and Use by Special Review Permit #1654 is for an
Agricultural Service Establishment primarily engaged in performing agricultural, animal
husbandry, or horticultural services on a fee or contract basis, including sorting, grading
and packing fruits and vegetables for the grower(handling and storage of sugar beets), in
the A(Agricultural)Zone District,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. 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.
4. The operation shall be limited to a total of thirty (30) employees.
5. The hours of operation for delivery of sugar beets will be twelve(12)hours a day, seven(7)
days a week, and shall occur primarily during daylight hours.
6. The hours of operation for re-hauling of sugar beets will be twenty-four (24) hours a day,
seven (7) days a week, and will generally occur primarily during the months of September
through February of any harvest season.
7. Local growers will haul to this facility from all directions in the immediate area. There is not
a specified haul route for incoming (delivery)of product utilizing semi tractor-trailer traffic.
There shall be no parking or staging of vehicles on any County Road, County Road
right-of-way, or adjacent property not associated with this application.
8. During and after the campaign, the sugar beets will be hauled to Fort Morgan for
processing, utilizing County Road 66, east to County Road 47, then south to County
Road 60.5, as the designated heavy haul route for beet transport from and to the facility.
9. Bottled water shall be utilized for drinking and hand washing during seasonal use of the
facility.
10. Adequate portable toilet facilities shall be provided during the seasonal use of the facility.
11. A permanent, adequate water supply shall be provided for drinking and sanitary purposes
when the office/shop is constructed on the site.
12. An individual sewage disposal system is required for the proposed office/shop and shall be
installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.)
Regulations.
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13. Any vehicle or equipment washing area(s)shall capture all effluent and prevent discharges
from drum washing and the washing of vehicles, in accordance with the Rules and
Regulations of the Water Quality Control Commission and the Environmental Protection
Agency.
14. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
15. 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.
16. 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.
17. 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.
18. 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. The
facility shall have sufficient equipment available to implement dust control, as required by
the Weld County Department of Public Health and Environment.
19. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial
Zone District, as delineated in Section 25-12-103, C.R.S.
20. Well permit 8697-R may not be used for dust suppression, unless a Change of Use is
approved by the Water Court.
21. The facility shall operate with a Substitute Water Supply Plan or a Division 1 Water
Court-approved plan for augmentation that includes depletions associated with dust
suppression, at all times.
22. A plan review is required for each building for which a building permit is required. Plans
shall bear the wet stamp of a Colorado registered architect or engineer. Two complete sets
of plans are required when applying for each permit. The applicant shall include a Code
Analysis Data Sheet, which is provided by the Weld County Department of Building
Inspection, with each building permit application.
23. Buildings shall conform to the requirements of the various codes adopted at the time of
permit application. Currently, Weld County has adopted the following: 2006 International
Building Code, 2006 International Mechanical Code, 2006 International Plumbing Code,
2006 International Fuel Gas Code, 2005 National Electrical Code, and Chapter 29 of the
Weld County Code.
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24. All structures will require an engineered foundation based on a site-specific Geotechnical
Report or an open hole inspection performed by a Colorado registered engineer.
Engineered foundations shall be designed by a Colorado registered engineer.
25. The office will be classified as B (Office). Fire resistance of walls and openings,
construction requirements, maximum building height, and allowable areas will be reviewed
at the plan review. The office building shall be accessible to persons with disabilities. The
maintenance building will be classified as S-1 (repair garage, complying with the maximum
allowable quantities of hazardous materials) listed in Table 307.1(1).
26. Building height shall be measured in accordance with the 2006 International Building Code
for the purpose of determining the maximum building size and height for various uses and
types of construction, and to determine compliance with the Bulk Requirements from
Chapter 23 of the Weld County Code. Building height shall be measured in accordance
with Chapter 23 of the Weld County Code in order to determine compliance with offset and
setback requirements. When measuring buildings to determine offset and setback
requirements, buildings are measured to the farthest projection from the building. Property
lines shall be clearly identified and all property pins shall be staked prior to the first site
inspection.
27. The applicant shall provide a letter of approval from the Eaton Fire Protection District prior
to construction of any structure.
28. The applicant, or its successors,will be required to comply with the approved Lighting Plan
at all times.
29. Effective January 1, 2003, building permits issued on the proposed site will be required to
adhere to the fee structure of the County-Wide Road Impact Fee Program.
30. Effective August 1, 2005, building permits issued on the subject site will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee Programs.
31. The property owner acknowledges that mineral owners and lessees have real property
interests that entitle them to surface use in accordance with Colorado State Statutes and
applicable Colorado Oil and Gas Conservation Commission regulations.
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 operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
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35. Weld County Government 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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