HomeMy WebLinkAbout20082343.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL
REVIEW PERMIT#1356 FORA LIVESTOCK CONFINEMENT OPERATION(5,000-HEAD
DAIRY, INCLUDING MILKING COWS, DRY COWS, HEIFERS, AND CALVES, AND
NINE (9) ADDITIONAL MOBILE HOMES AS ACCESSORIES TO THE FARM) IN THE
A (AGRICULTURAL) ZONE DISTRICT - MARVIN AND SANDRA TE VELDE FAMILY
TRUST
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 3rd day of
September, 2008, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of the Marvin and Sandra Te Velde Family Trust, 7678 County Road 17,
Fort Lupton, Colorado 80621, for a Site Specific Development Plan and Amended Use by Special
Review Permit#1356 for a Livestock Confinement Operation (5,000-head dairy, including milking
cows, dry cows, heifers, and calves, and nine (9) additional mobile homes as accessories to the
farm) in the A (Agricultural) Zone District, on the following described real estate, being more
particularly described as follows:
Part of the N1/2 SW1/4, and Lot B of Recorded
Exemption #2098 being part of the S1/2 N1/2; all
being part of Section 28, Township 2 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, said applicant was represented by Cody Hollingsworth, AGPROfessionals,
LLC, 4350 Highway 66, Longmont, Colorado 80504, 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 23-2-230.6 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 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
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AMENDED SPECIAL REVIEW PERMIT #1356 - MARVIN AND SANDRA TE VELDE FAMILY
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within the A (Agricultural) Zone District when the impact to surrounding
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 dairy is considered an agricultural related use. The
proposal is to amend an existing dairy operation.
1) The applicant applied for a dairy of 4,500 head of cattle on
approximately 130 acres, in 1999. The Planning Commission
recommended reducing the number of cattle to 3,500 head, and the
Board of County Commissioners subsequently denied the request
for a Use by Special Review (USR) Permit for 3,500 head of cattle
on February 3, 1999. A Substantial Change hearing was conducted
by the Board of County Commissioners on August 20, 2001, and
determined that there was a substantial change in the facts and
circumstances,since the applicant was reducing the number of head
of cattle from 3,500 on 130 acres, to 1,450 head on 80 acres.
USR-1356 was approved by the Board of County Commissioners on
December 5, 2001, for a 1,450-head dairy.
b. Section 23-2-230.6.2--The proposed use is consistent with the intent of the
A (Agricultural) Zone District. Sections 23-4-40.B.16, 23-4-40.L, and
23-4-40.M provide for dairies, multiple single-family dwelling units per lot
other than those permitted under Section 23-3-20.A of the Weld County
Code, and multi-family dwellings for persons principally employed at, or
engaged in farming, ranching, or gardening as a Use by Special Review in
the A(Agricultural)Zone District. The site currently has nine(9)homes,and
the applicant is requesting to increase the number of homes to ten(10),with
one mobile home as a principal dwelling unit and nine (9) mobile homes as
accessories to the farm.
c. Section 23-2-230.B.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. The surrounding property consists
of rural residences to the north and south and agricultural uses to the east
and west. The Conditions of Approval and Development Standards will
ensure that this operation is compatible with the existing surrounding land
uses. The site will also have to comply with the Confined Animal Feeding
Operation (CAFO) Control Regulations.
d. Section 23-2-230.B.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
areas of the City of Dacono, and the Towns of Firestone and Frederick. The
City of Dacono referral, dated June 5, 2008, states that it has reviewed the
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request and finds no conflicts with its interests. The Town of Frederick
referral, dated June 16, 2008, requests implementation of the Management
Plan for Nuisance Control as a Condition of Approval, and that it be
re-evaluated annually to minimize nuisance conditions. The Town also
states that odors have been an issue in the past. The applicant has
responded to the Town of Frederick's referral, in a letter dated July 8, 2008,
stating that the Nuisance Control Plan has been approved by the Weld
County Department of Public Health and Environment. No comments were
received from the Town of Firestone. The applicant has submitted a
Firestone Development Application for a Pre-Annexation Agreement.
e. Section 23-2-230.B.5-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.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"Irrigated,"with portions as"Prime" and
"Irrigated Non Prime," according to the United States Department of
Agriculture (U.S.D.A.) 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 the Marvin and Sandra Te Velde Family Trust for a Site
Specific Development Plan and Amended Use by Special Review Permit #1356 for a Livestock
Confinement Operation (5,000-head dairy, including milking cows, dry cows, heifers, and calves,
and nine (9) additional mobile homes as accessories to the farm) 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 provide documentation, prepared by a Colorado
registered professional engineer, that all wastewater impoundments for the
Confined Animal Feeding Operation (CAFO) meet seepage rate standards
of Colorado Water Quality Control Commission Regulation 81. Evidence of
such shall be submitted, in writing, to the Weld County Departments of
Planning Services and Public Health and Environment.
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B. The applicant shall provide evidence that a Standard Operating Procedure
for sludge and manure removal (cleaning of impoundments to maintain
capacity) has been submitted for approval to the Colorado Water Quality
Control Division,as required by Colorado Water Quality Control Commission
Regulation Number 81. Evidence of such shall be submitted, in writing, to
the Weld County Departments of Planning Services and Public Health and
Environment.
C. The applicant shall demonstrate that wastewater impoundments meet
required setbacks to water wells and groundwater, as required by Colorado
Water Quality Control Commission Regulation Number 81. Evidence of
such shall be submitted, in writing, to the Weld County Departments of
Planning Services and Public Health and Environment.
D. The applicant shall provide evidence that a CAFO Colorado Discharge
Permit has been applied for, or obtained from, the Colorado Water Quality
Control Division. Evidence of such shall be submitted, in writing, to the
Weld County Departments of Planning Services and Public Health and
Environment.
E. Section 22-5-100.A of the Weld County Code states, "Oil and gas
exploration and production should occur in a manner which minimizes the
impact to agricultural uses and the environment, and reduces the conflicts
between mineral development and current and future surface uses."
Section 22-5-100.6 of the Weld County Code states, "...encourage
cooperation, coordination, and communication between the surface owner
and the mineral owner/operators of either the surface or the mineral estate."
Section 22-5-100.B.1 of the Weld County Code also states, "New
development should be planned to take into account current and future oil
and gas drilling activity to the extent oil and gas development can
reasonably be anticipated." 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 may
be 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. The applicant shall improve the access roads on the site, as outlined in the
Fort Lupton Fire Protection District referral received June 4, 2008. Written
evidence of such, from the Fort Lupton Fire Protection District, shall be
provided to the Department of Planning Services.
G. The applicant shall submit written evidence from the Town of Firestone that
a Pre-Annexation Agreement has been completed.
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H. 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 2, and
Appendices 23-C through 23-E of the Weld County Code.
The applicant shall provide written evidence, to the Department of Planning
Services, verifying that all occupants of the existing nine (9) single-family
mobile homes are employees of TV Dairy. The evidence shall consist of tax
records (W-2 forms), employment agreements, or other documentation as
determined suitable by the Department of Planning Services.
J. The applicant shall address the requirements and concerns of Kerr-McGee
Gathering, LLC, as stated in the referral response dated August 14, 2008.
Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services
K. 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 AMUSR-1356.
4) The plat shall delineate plant material to mitigate the impacts of the
facility from adjacent properties. The plant material screen shall be
placed between the road right-of-way and the proposed
improvements. The buffer strip shall be a minimum of twenty (20)
feet in width and run the length of the property line.
5) The "Existing Conditions" plat shall be removed from the plat.
6) The scale for the site shall be one inch equals one hundred feet
(1=100'), or one inch equals fifty feet (1"=50').
7) The location of the light fixtures shall be placed on the plat.
8) County Road 17 is designated on the Weld County Road
Classification Plan as a local gravel road, which requires 60 feet of
right-of-way at full buildout. The applicant shall verify, and delineate
on the plat,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. This road is maintained by Weld County.
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9) The Department of Planning Services has determined from the
application materials that twenty four (24) parking spaces and two
(2) Americans with Disabilities Act (ADA) parking spaces will be
required on the site. Each parking space should be equipped with
wheel guards, where needed, to prevent vehicles from extending
beyond the boundaries of the space and from coming into contact
with other vehicles, walls, fences, sidewalks, or plantings.
10) Any approved signs, as applicable.
11) 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.
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 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.
4. The Department of Planning Services respectfully requests the surveyor provide a
digital copy of this 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 for any construction, alterations, or change of
occupancy:
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 Certificate of Occupancy/finaling building permits:
A. A letter of approval shall be provided from the Fort Lupton Fire Protection
District.
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7. The Amended 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 3rd day of September, A.D., 2008.
1,.,--` •si BOARD OF COUNTY COMMISSIONERS
u
` , aA
WELD COUNTY, COLORADO
ATTEST: illiam H. Jerke, Chair
Weld ounty Clerk to the Board,, f`
. .,v,,`1.' III s Robert D. s en, Pro-Tem
BY:\ (/
Dep Clerk the Board
Willia . Gar • �
R ED AS F \-
David E. Long
u t ttorney EXCUSED
Douglas Rademacher
Date of signature: I Ib'n
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SITE SPECIFIC DEVELOPMENT PLAN
AMENDED USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
MARVIN AND SANDRA TE VELDE FAMILY TRUST
AMUSR #1356
1. A Site Specific Development Plan and Amended Use by Special Review Permit#1356 is
fora Livestock Confinement Operation(5,000-head dairy,including milking cows,dry cows,
heifers, and calves, and nine(9)additional mobile homes as accessories to the farm)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 twenty-four (24) employees.
5. The access drives to,from,and around the facility,shall be adequate to support emergency
equipment at all times.
6. The nine(9)single-family dwelling units(mobile homes)on the property shall be exclusively
for employees of the TV Dairy. The applicant shall provide evidence, on an annual basis
to the Department of Planning Services, verifying that all employees living on the site are
employees of the TV Dairy.
7. The hours of operation in the milking parlors and related facilities will be 24 hours a day,
365 days a year.
8. The facility shall maintain compliance with the Colorado Water Quality Control
Commission's Animal Feeding Operation Control Regulation Number 81 (5 CCR 1002-81).
9. The facility shall maintain CAFO Colorado Discharge Permit coverage and operate in
compliance with Colorado Water Quality Control Commission Regulation Number 61.
There shall be no discharge of manure or process wastewater into surface water from the
production area, except as provided in the facility's CAFO Colorado Discharge Permit.
10. Manure and process wastewater shall be applied at agronomic rates and in accordance
with the Nutrient Management Plan or Manure and Wastewater Management Plan. There
shall be no discharge from land application areas, except for agricultural stormwater.
11. The facility shall be operated and maintained in a manner to prevent nuisance conditions
and operate in accordance with the Management Plan for Nuisance Control submitted with
the application materials.
12. The facility shall control fugitive dust on this site and be operated and maintained in a
manner to prevent nuisance conditions. The facility shall be operated in accordance, at all
times, with the current approved Management Plan for Nuisance Control.
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DEVELOPMENT STANDARDS - MARVIN AND SANDRA TE VELDE FAMILY TRUST
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13. 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.
14. 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 the facility, and in the judgment of the Weld County Health
Officer, there exists a fly condition requiring abatement.
15. The facility shall be operated in a manner to control odors. The facility shall be operated
in accordance, at all times, with the current 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 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.
16. 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 Colorado Water Quality Control Commission Regulation
Number 81.
17. Any Individual Sewage Disposal System (I.S.D.S.) on the property shall be permitted,
installed, maintained, and operated in compliance with Weld County I.S.D.S. Regulations.
18. 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 Regulation 9.
19. 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.
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20. 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.
21. 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.
22. The applicant shall comply with all provisions of the Underground and Above Ground
Storage Tank Regulations.
23. Adequate hand washing and toilet facilities shall be provided for employees and patrons of
the facility.
24. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
25. A plan review is required for each building for which a building permit is required. Plans
shall include a floor plan. Building plans shall bear the wet stamp of a Colorado registered
engineer or architect. Two complete sets of plans are required when applying for each
permit, along with a Code Analysis Data sheet, provided by the Weld County Department
of Building Inspection.
26. 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, 2008 National Electrical Code, and Chapter 29 of the Weld County Code.
27. A separate building permit shall be obtained prior to construction/alterations, or change of
occupancy, of any building.
28. Prior to the release of building permits,the applicant shall submit evidence of approval from
the Fort Lupton Fire Protection District to the Weld County Department of Building
Inspection.
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 Revised 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.
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33. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
34. 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. The property owner or operator shall be responsible for complying with the livestock feeding
Performance Standards of Section 23-4-710 of the Weld County Code.
36. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
37. 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.
38. 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.
39. 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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