HomeMy WebLinkAbout20081273.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SECOND AMENDED USE BY
SPECIAL REVIEW PERMIT #1405 FOR AN AGRICULTURAL SERVICE
ESTABLISHMENT (98,000-SQUARE-FOOT MILK PROCESSING PLANT) IN THE
A(AGRICULTURAL) ZONE DISTRICT- AURORA DAIRY CORPORATION
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 21st day of
May, 2008, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing the
application of Aurora Dairy Corporation, 1401 Walnut, Suite 500, Boulder, Colorado 80302, for a
Site Specific Development Plan and Second Amended Use by Special Review Permit #1405 for
an Agricultural Service Establishment (98,000-square-foot milk processing plant) in the
A (Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
Part of the NE1/4 SE1/4 and E1/2 NE1/4 of
Section 30, Township 3 North, Range 67 West of the
6th P.M., Weld County, Colorado
WHEREAS,said applicant was present/represented by Julie Cozad,Tetra Tech RMC, 1900
South Sunset Street, Suite 1-F, Longmont, Colorado 80501, 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 23-2-230.6.1 --The proposed use is consistent with Chapter 22 and
any other applicable code provisions or ordinance in effect.
Section 22-2-60.A.3 (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
properties is minimal, and where adequate services and infrastructure are
currently available or reasonably obtainable."
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b. Section 23-2-230.B.2--The proposed use is consistent with the intent of the
A(Agricultural)Zone District. Section 23-3-40.R of the Weld County Code
provides for a Site Specific Development Plan and Use by Special Review
Permit for an Agricultural Service Establishment (98,000-square-foot milk
processing plant) in the A (Agricultural) Zone District.
c. Section 23-2-230.B.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. The surrounding properties are all
zoned A (Agricultural). The majority of USRs in the area are for gravel
mining operations, although there are others, including a kennel, electric
power lines, and sanitation facilities.
d. Section 23-2-230.8.4--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.
e. Section 23-2-230.B.5 -- The site does not lie within any Overlay Districts.
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.
f. Section 23-2-230.8.6 --The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
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 Aurora Dairy Corporation for a Site Specific Development
Plan and Second Amended Use by Special Review Permit #1405 for an Agricultural Service
Establishment (98,000-square-foot milk processing plant) 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 complete the Conditions of Approval and record the plat
for Recorded Exemption #4654, which is in process on the parcel.
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B. The applicant has not delineated any on-site sign(s). If on-site sign(s) are
desired, the Department of Planning Services shall be notified, in writing.
If the applicant does not notify the Department of Planning Services, signs
shall adhere to Chapter 23, Article IV, Division 2, of the Weld County Code,
as it relates to signs in the A (Agricultural) Zone District. Further, the
location of the sign, if applicable, shall be delineated on the plat.
C. 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 intended
lights, shall be provided to the Department of Planning Services, for review
and approval. The Lighting Plan shall adhere to the lighting requirements
outlined in Section 23-3-250.8.6 of the Weld County Code. Further, the
approved Lighting Plan shall be delineated on the plat.
D. The applicant shall address the requirements outlined in the E-mail, dated
January 3, 2008, from Timothy Bilobran of the Colorado Department of
Transportation (CDOT). Should the applicant choose to obtain an access
permit, rather than construct the turn lane, the permit number shall be
shown on the plat and a copy of the access permit shall be submitted to the
Department of Planning Services.
E. The applicant shall submit a complete Final Site Drainage Report and Plan
to the Department of Public Works, for review and approval. The Site
Drainage Plan must comply with all detention, water quality, and release
standards found in Chapter 8 and Section 23-3-250.A.1 of the Weld County
Code. Evidence of approval of this plan shall be submitted to the
Department of Planning Services. Necessary detention shall be delineated
on the plat.
F. The applicant shall provide the Department of Public Works with a detailed
Site Access and Circulation Plan which addresses the concerns and
requirements of the referral dated November 21, 2007. Evidence of
approval of the Plan shall be submitted to the Department of Planning
Services.
G. The applicant shall attempt to address the requirements and concerns of the
Little Thompson Water District, as stated in the referral response dated
October 31, 2007. Evidence of such shall be submitted, in writing, to the
Weld County Department of Planning Services.
H. The applicant shall submit a Dust Abatement Plan, for review and approval,
to the Environmental Health Services Division of the Weld County
Department of Public Health and Environment. Written evidence of
approval of this plan shall be submitted to the Department of Planning
Services.
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I. The plat shall be amended to delineate the following:
1) All pages of the plat shall be labeled 2ndAmUSR-1405.
2) The attached Development Standards.
3) The location of the future turn lane from State Highway 66 and the
CDOT access permit number.
4) The additional right-of-way for State Highway 66, as required by
CDOT in its referrals dated November 7 and 13, 2007.
5) The approved Access, Circulation, and Drainage Plan.
6) Any approved signs, if applicable.
7) Spaces reserved for the parking of vehicles and all loading zones
shall be delineated on the plat. This facility shall adhere to the
number of on-site parking spaces indicated in Appendix 23-B of the
Weld County Code for manufacture, research, and assembly.
8) The off-street parking area, access drives, and loading areas shall
be surfaced with Class One or Class Six road base, or an equivalent
material. The plat shall delineate the location and type of surfacing
material.
9) The applicant shall meet the requirements of the Americans with
Disabilities Act (ADA) and comply with ADA standards for this
facility. A non-ambulatory/ambulatory parking space shall be
identified and shown on the plat. The parking space must be the
closest possible to the entrance.
10) The plat shall be prepared in accordance with Section 23-2-260.D of
the Weld County Code.
J. The applicant shall submit two (2) 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
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.
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3. In accordance with Weld County Code Ordinance#2005-7, approved June 1, 2005,
should the plat not be recorded within the required one hundred and twenty (120)
days from the date the Board of County Commissioners Resolution, a $50.00
recording continuance charge shall added for each additional three (3) month
period.
4. The Department of Planning Services respectfully requests the surveyor provide a
digital copy of this Second Amended 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:
A. A Stormwater Discharge Permit may be required for a development/
redevelopment/construction site where a contiguous or non-contiguous land
disturbance is greater than, or equal to, one acre in area. The applicant
shall inquire with the Water Quality Control Division (WQCD) of the
Colorado Department of Public Health and Environment, at
www.cdphe.state.co.us/wq/PermitsUnit, if they are required to obtain a
Stormwater Discharge Permit. Alternately, the applicant may provide
evidence from the WQCD that they are not subject to these requirements.
B. The applicant shall complete all proposed transportation improvements
(access drive, parking areas, etcetera), to the satisfaction of the
Departments of Planning Services and Public Works, or, enter into an
Improvements Agreement According to Policy Regarding Collateral for
Improvements, and post adequate collateral for all required on-site
improvements. The agreement and form of collateral shall be reviewed by
County staff and accepted by the Board of County Commissioners.
6. The Second Amended Use by Special Review activity shall not occur, nor shall any
building or electrical permits be issued on the property, until the Second Amended
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 21st day of May, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
�l .)
WELD COUNTY, COLORADO
11
ATTEST: � 1-1
W\• • H. Jerke, Chair
Weld County Clerk to .. sd jiatr
Robert a Masden,Pro-Tem
BY:
Deputy Cler : the Boar. '-'
Wil F. Garcia
APPROVED AS7
Davi E. Long
County Attorney
ug s Radem cher �
Date of signature: �g
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SITE SPECIFIC DEVELOPMENT PLAN
SECOND AMENDED USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
AURORA DAIRY CORPORATION
2NDAMUSR#1405
1. The Site Specific Development Plan and Second Amended Use by Special Review
Permit #1405 is for an Agricultural Service Establishment (98,000-square-foot milk
processing plant) 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. As stated in the application materials, employees shall be limited to 132 persons.
5. 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.
6. All process wastewater from the processing plant(not meant to include stormwater), shall
be discharged to the St. Vrain Sanitation District. The facility shall comply with all
pre-treatment requirements and the Industrial Wastewater Discharge Permit.
7. The facility shall be operated and maintained in a manner to prevent nuisance conditions.
8. The facility shall control fugitive dust on this site. At all times, the facility shall operate in
accordance with the approved Dust Abatement Plan.
9. The facility shall be operated in a manner to control pests. 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.
10. The facility shall be operated in a manner to control flies. 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.
11. The facility shall be operated in a manner to prevent odors. Odors detected off the site
shall not equal, or exceed, the level of fifteen-to-one dilution threshold, as measured
pursuant to 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 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.
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12. The facility shall adhere to the maximum permissible noise levels allowed in the Light
Industrial Zone District, as delineated in Section 25-12-103, C.R.S.
13. 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.
14. The facility shall maintain compliance with any required emissions permit from the Colorado
Department of Public Health and Environment.
15. The facility shall utilize the Little Thompson Water District for adequate water supply for the
facility.
16. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
17. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
18. A building permit application must be completed for any new construction requiring a
building permit, 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 registered Colorado
engineer, shall be required for any new building permits.
19. A plan review is required for each building for which a building permit is required, which
must be approved, and a permit issued, prior to the start of construction.
20. Buildings located in the 100-year floodplain shall require a Flood Hazard Development
Permit.
21. The applicant shall provide a letter of approval from the Mountain View Fire Protection
District, to the Weld County Department of Building Inspection, prior to construction of any
structure.
22. Effective January 1, 2003, building permits issued on the lot will be required to adhere to
the fee structure of the County-Wide Road Impact Fee Program.
23. 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.
24. The applicant shall adhere to the approved Lighting Plan.
25. 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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26. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
27. The property shall be maintained in such a manner that weeds are not permitted to grow
taller than twelve (12) inches. In no event shall the property owner allow the growth of
noxious weeds.
28. 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.
29. The Second Amended 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.
30. 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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