HomeMy WebLinkAbout20080380.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1625 FOR AGRICULTURAL SERVICE ESTABLISHMENTS PRIMARILY
ENGAGED IN PERFORMING AGRICULTURAL, ANIMAL HUSBANDRY, OR
HORTICULTURAL SERVICES ON A FEE OR CONTRACT BASIS, INCLUDING:
A LIVESTOCK CONFINEMENT OPERATION FOR A 3,000-HEAD DAIRY, AND UP TO
TWENTY(20)MULTIPLE SINGLE-FAMILY DWELLING UNITS PER LOT OTHER THAN
THOSE PERMITTED UNDER SECTION 23-3-20.A, 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 20th day of
February, 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 Use by Special Review Permit#1625 for Agricultural Service
Establishments primarily engaged in performing agricultural, animal husbandry, or horticultural
services on a fee or contract basis, including: a Livestock Confinement Operation for a 3,000-head
Dairy, and up to twenty(20) multiple single-family dwelling units per lot other than those permitted
under Section 23-3-20.A, in the A(Agricultural)Zone District on the following described real estate,
being more particularly described as follows:
Part of the N1/2 of Section 29, Township 3 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, at the request of the applicant, the Board deemed it advisable
to continue the matter to March 19, 2008, at 10:00 a.m., due to a change in representation for the
applicant, and then again to April 2, 2008, at 10:00 a.m., in order to allow the matter to be heard
by a full quorum of the Board, and
WHEREAS, on April 2, 2008, said applicant was represented by Attorney Ken Lind,
355 Eastman Park Drive, Suite 200, Windsor, Colorado 80550, 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.
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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.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.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 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, and the
proposal is to modify an existing dairy operation.
b. Section 23-2-230.B.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 provides for dairies and multiple single-family dwelling units per
lot other than those permitted under Section 23-3-20.A, of the Weld County
Code, as a Use by Special Review 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 existing Aurora Dairy milk
processing facility, approved under AMUSR-1405, is located west of the
subject site, three(3)existing single family residences and agricultural land
are located to the north of the site (across State Highway 66), the St. Vrain
River is located to the south of the site, and an existing gravel mining
operation is located approximately one-eighth(1/8)of a mile east of the site.
This USR is to revise an existing dairy, by reducing the number of cows and
providing additional pasture area within the confines of the dairy; the
boundaries of the dairy will not expand. 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.
e. Section 23-2-230.6.5 - The site is located within the floodplain, as defined
by FIRM Map 080266-0855C, dated September 28, 1982. Any proposed,
or future, development on the site will require a Flood Hazard Development
Permit. 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 23-2-230.6.6 --The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The majority of the property is designated as "other," with portions of
the northwest corner of the site designated 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, Weld
County Code),Operation Standards(Section 23-2-250,Weld County Code),
Conditions of Approval, and Development Standards ensure that there are
adequate provisions for 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 Use by Special Review Permit#1625 for Agricultural Service Establishments primarily
engaged in performing agricultural, animal husbandry, or horticultural services on a fee or contract
basis, including: a Livestock Confinement Operation for a 3,000-head Dairy, and up to twenty(20)
multiple single-family dwelling units per lot other than those permitted under Section 23-3-20.A, 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 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 [81.5(3)]. Written evidence of Department of Public
Health and Environment approval shall be provided to the Department of
Planning Services.
C. The applicant shall demonstrate that wastewater impoundments meet the
required setbacks to water wells and groundwater, as required by Colorado
Water Quality Control Commission Regulation Number 81. [81.5 (6)].
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Written evidence of Department of Public Health and Environment approval
shall be provided to the Department of Planning Services.
D. The applicant shall provide evidence that a Confined Animal Feeding
Operation (CAFO) Colorado Discharge Permit has been applied for, or
obtained from, the Colorado Water Quality Control Division. Written
evidence of Department of Public Health and Environment approval shall be
provided to the Department of Planning Services.
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.B 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 submit a copy of an
agreement with the property's mineral owner/operators (Anadarko and
Kerr-McGee),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 address the recommendations of the Weld County
Sheriffs Office, as stated in the referral received November 13, 2007.
Written evidence of such shall be submitted to the Department of Planning
Services.
G. The applicant shall address the requirements of the Weld County
Department of Public Works, as stated in the referral received October 10,
2007. Written evidence of such shall be submitted to the Department of
Planning Services.
H. The applicant shall attempt to address the requirements of the Longmont
Soil Conservation District, as stated in the referral received October 12,
2007. Written evidence of such shall be provided to the Department of
Planning Services.
The applicant shall address the requirements of the Weld County Paramedic
Service, as stated in the referral received October 1, 2007. Written
evidence of such shall be provided to the Department of Planning Services.
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J. The applicant shall address the requirements of the Colorado Department
of Public Health and Environment, Water Quality Control Division,
Environmental Agriculture Program, as stated in the referral received
November 2, 2007. Written evidence of such shall be provided to the
Department of Planning Services.
K. If a sign is proposed, the applicant shall submit a detailed Signage Plan,
including location and size, to the Department of Planning Services. Signs
shall be in compliance with Chapter 23, Article VI, Division II, and
Appendices 23-C through E, of the Weld County Code.
L. The applicant shall address the requirements of the Weld County
Department of Planning Services Landscape referral, dated September 12,
2007. Written evidence of such shall be provided to the Department of
Planning Services.
M. The applicant shall provide written evidence of existing water service to the
site (Central Weld Water District).
N. The plat shall be amended to delineate the following:
1) The plat shall be prepared in accordance with Section 23-2-260 of
the Weld County Code.
2) The attached Development Standards.
3) Each sheet of the plat shall be labeled USR-1625.
4) Current State Highway 66 right-of-way shall be delineated on the
plat. A total of 75 feet from the centerline of State Highway 66 shall
be delineated as future right-of-way for State Highway 66.
5) The applicant shall address and adhere to the Americans with
Disabilities Act(ADA)and ADA standards for this facility at all times.
Non-ambulatory/ambulatory parking spaces shall be identified and
shown on the plat. ADA parking spaces are twenty(20)feet by eight
(8) feet, with five (5) foot aisles. A minimum of one space must be
van accessible,with an eight(8)foot aisle. An accessible path shall
be required from the building to the public right-of-way. The parking
spaces must be the closest possible to the entrance,and signing will
be required. Curb cuts, ramps, and other methods of providing
accessibility, shall be required to reasonably attempt to meet ADA
requirements. Should the applicant elect to not adhere to the
previously discussed Federal standards, the applicant shall outline
how the proposed site design mitigates the ADA requirements.
6) The approved Lighting Plan, if applicable.
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7) Any approved signs, as applicable.
8) 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.
3. The applicant shall submit two(2)paper copies of the plat,for preliminary approval,
to the Weld County Department of Planning Services.
4. 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 120
days from the date of the Board of County Commissioners Resolution. The
applicant shall be responsible for paying the recording fee.
5. The Department of Planning Services respectfully requests 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.
6. 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.
B. Buildings located, or to be located,within a 100-year floodplain shall require
a Flood Hazard Development Permit.
7. Prior to Certificate of Occupancy/finaling building permits:
A. A letter of approval shall be provided from the Mountain View Fire Protection
District.
8. 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 2nd day of April, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
ELa WELD COUNTY, COLORADO
ATTEST: _�,' i
ISM
QZe illiam H. Jerke, Chair
Wel County Clerk to the ar
c XCUSED
J °\� Robert D. Ma^ , Pro-Tem
BY: �� 1 1 /
De ty Cle to the Board 1/al
W' ' F. Garcia
APPROVED A M:
David E. Long
u ttorney
Doug l s Radema er
Date of signature: 4bt ICY
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
AURORA DAIRY CORPORATION
USR#1625
1. A Site Specific Development Plan and Use by Special Review Permit #1625 is for
Agricultural Service Establishments primarily engaged in performing agricultural, animal
husbandry, or horticultural services on a fee or contract basis, including: a Livestock
Confinement Operation for a 3,000-head Dairy, and up to twenty(20)multiple single-family
dwelling units per lot other than those permitted under Section 23-3-20.A, 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. Stormwater drainage will be handled by a retention pond and settling pond located at the
south end of the feeding facility. The retention pond and settling pond will be maintained
and operated in accordance with the Colorado Confined Animal Feeding Operation
Patrolled Regulation.
4. 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.
5. The operation shall be limited to a total of sixty(60)employees, as stated in the application
materials.
6. The existing single-family dwelling units(mobile homes)on the property shall be exclusively
for employees of the on-site dairy operation.
7. All feed alleys shall be surfaced with gravel and shall be graded to prevent drainage
problems.
8. The hours of operation in the milking parlors and related facilities will be 24 hours per day,
365 days a year. However, equipment operations, trucks, farming activities, and
maintenance activities other than emergencies, shall occur primarily during daylight hours,
as stated in the application materials.
9. The facility shall operate in compliance with Colorado Water Quality Control Commission
Regulation Number 81.
10. 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, except as provided in the
facility's CAFO Colorado Discharge Permit.
11. Any manure or process wastewater applications shall be at agronomic rates and in
accordance with the Nutrient Management Plan or Manure and Wastewater Management
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Plan. There shall be no discharge from land application areas, except for agricultural
stormwater.
12. The facility shall be operated and maintained in a manner to prevent nuisance conditions,
in accordance with the approved Management Plan for Nuisance Control.
13. The facility shall be operated and maintained in a manner to control fugitive dust and
prevent nuisance conditions at all times, in accordance with the current approved
Management Plan for Nuisance Control.
14. The facility shall be operated in a manner to control pests at all times, in accordance 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.
15. The facility shall be operated in a manner to control flies at all times, in accordance 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 facility, and in
the judgment of the Weld County Health Officer, there exists a fly condition requiring
abatement.
16. The facility shall be operated in a manner to control odors at all times, in accordance 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.
17. 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.
18. 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.
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19. 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.
20. 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.
21. 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.
22. 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.
23. If required, a Stormwater Discharge Permit shall be obtained from the Colorado Water
Quality Control Division, for construction activities.
24. Any domestic wastewater treatment works shall comply with the Colorado Water Quality
Control Act, specifically, the facility shall comply with the July 31, 2007, Compliance
Advisory from the Colorado Department of Public Health and Environment, concerning the
sewage disposal requirements for the mobile homes on the property. Any final resolution
to the Advisory must take into consideration the sewage disposal requirements for the new
office.
25. The dairy facility shall utilize water service from the Central Weld County Water District, as
stated in the application materials.
26. A plan review is required for each building for which a building permit is required. Plans
shall include a floor plan and 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.
27. 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, 2005 National Electrical Code, and Chapter 29 of the Weld County Code.
28. Building height shall be measured in accordance with the 2006 International Building Code
for the purpose of determining maximum building height for various uses and types of
construction, and to determine compliance with the Bulk Requirements from Chapter 27 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. Offset and setback requirements are measured to the farthest projection
from the building.
29. A separate building permit shall be obtained prior to construction/alterations or change of
occupancy of any building.
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30. Prior to the release of any building permit, the applicant shall submit evidence of approval,
from the Mountain View Fire Protection District,to the Weld County Department of Building
Inspection.
31. 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.
32. 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.
33. The property owner acknowledges that mineral owners and lessees have real property
interests that entitle them to surface use, in accordance with State statutes and applicable
Colorado Oil and Gas Conservation Commission Regulations.
34. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
35. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
36. 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.
37. 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.
38. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
39. 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.
40. 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.
41. 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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