HomeMy WebLinkAbout20071328.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1602 FOR AN AGRICULTURAL SERVICE ESTABLISHMENT,INCLUDING
A LIVESTOCK CONFINEMENT OPERATION(DAIRYFORATOTALOF 4,500 CATTLE,
INCLUDING MILKING COWS AND DRY COWS) IN THE A (AGRICULTURAL) ZONE
DISTRICT - BRAD AND SCOTT COCKROFT DAIRY, LLC
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 30th day of
May,2007, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the
application of Brad and Scott Cockroft Dairy, LLC,27906 Weld County Road 388, Kersey,Colorado
80644, for a Site Specific Development Plan and Use by Special Review Permit #1602 for an
Agricultural Service Establishment,including a Livestock Confinement Operation(dairy fora total of
4,500 cattle, including milking cows and dry cows) in the A (Agricultural) Zone District, on the
following described real estate, being more particularly described as follows:
Lot A of Amended Recorded Exemption#178; being
part of Section 11,Township 6 North, Range 64 West
of the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing the Board deemed it advisable to continue the matter to
July 11, 2007, to allow the applicant and staff to additional time clarify the issues and questions
raised by the Board, and
WHEREAS, on July 11, 2007, said applicant was represented by Dusty McCormick,
AGPROfessionals,LLC,4350 State 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.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
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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.
b. Section 23-2-230.B.2--The proposed use is consistent with the intent of the
A(Agricultural)Zone District. Section 23-3-40.6.16 of the Weld County Code
provides for livestock confinement operations(dairies)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 surrounding area consists of
farmland and agricultural related uses. The site borders an existing dairy
(USR-1245, Ray-Glo Holsteins) to the south that was approved for 2,000
head in May of 2000. Four single-family residences are located to the west
of the site across County Road 57,five residences are located to the east of
the site across County Road 59, two residences are located to the north of
the site across County Road 72, and three residences are located to the
south of the site across Weld County Road 70. The next nearest residence
is located approximately one-eighth of a mile to the east of the site. 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 site is not located within the three-mile referral area of any municipality.
e. Section 23-2-230.6.5 -- 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.B.6--The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The site is considered"prime if irrigated"and"other"according to the
1979 Prime Farmlands of Weld County Map. Dairies are considered an
agriculturally related use.
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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 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 Brad and Scott Cockroft Dairy, LLC, for a Site Specific
Development Plan and Use by Special Review Permit #1602 for an Agricultural Service
Establishment, including a Livestock Confinement Operation (dairy for a total of 4,500 cattle,
including milking cows and dry cows) 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 complete all proposed improvements regarding access
and parking improvements 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 prior to recording the plat.
C. 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 [81.5(2)].
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 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 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.
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E. The applicant shall demonstrate that wastewater impoundments meet
required setbacks to water wells and groundwater required by Colorado
Water Quality Control Commission Regulation Number 81. [81.5 (6)].
Written evidence of Department of Public Health and Environment approval
shall be provided to the Department of Planning Services.
F. The applicant shall provide evidence that a 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.
G. The applicant shall either submit,to the Weld County Department of Planning
Services, a copy of an agreement with the property's mineral
owners/operators(Anadarko and Noble Energy)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 owners.
H. The applicant shall address the recommendations of the Weld County
Sheriffs Office, as stated in the referral received January 26,2007. Written
evidence of such shall be submitted to the Department of Planning Services.
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.
J. 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-1602.
4) Weld County Roads 57, 59, 70 and 72 are designated on the Weld
County Road Classification Plan as local gravel roads,which require
60 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.
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5) The facility shall comply with the Americans with Disabilities Act
(ADA) standards at all times.
6) The approved Parking and Circulation Plan.
7) The approved Lighting Plan, if applicable.
8) Any approved signs, as applicable.
9) 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.
10) 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. Two on-site parking spaces shall be
van-accessible handicapped parking stalls meeting all of the
requirements as set forth in the Americans with Disabilities Act.
K. 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.
3. 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.
4. Prior to Release of Building Permits:
A. 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. A Code Analysis Date Sheet,
provided by the Weld County Department of Building Inspection, shall be
submitted with each building permit application.
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B. A building permit shall be obtained prior to the construction of any structures.
5. Prior to Certificate of Occupancy / Finaling Building Permits:
A. A letter of approval shall be provided from the Galeton Fire Protection
District.
6. The Use by Special Reviewactivity 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 11th day of July, A.D., 2007.
BOARD OF COUNTY COMMISSIONERS
W1kDD COUNTY, COLORADO
OL
ATTEST: Li/ ,'' �'`� �/ �J (V ' (AYE)
David E. Long, Chair
Weld County Clerk to th o. 1
test [r tt.Y NAY
William H. Je. -, P o-T•m
BY: �� 'it►��r. ����?t' ' ��
R . `'
Deputy C erk to the B (� AYE f �
Willi-m arcia
APP4 ED AS TS ' EXCUSED
Robert D. Masden
C• 'ntyA'orney - �� (AYE)
ouglas ademache
Date of signature: 7` a-O 7
2007-1328
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
BRAD AND SCOTT COCKROFT DAIRY, LLC
USR#1602
1. The Site Specific Development Plan and Use by Special Review Permit#1602 is for an
Agricultural Service Establishment primarily engaged in performing agricultural, animal
husbandry, or horticultural services on a fee or contract basis, including Livestock
Confinement Operations(a dairy operation fora total of 4,500 head of cattle including milking
cows and dry cows) 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. Historical flow patterns and runoff amounts will be maintained on the site in such a manner
that it will reasonably preserve the natural character of the area and prevent property
damage of the type generally attributed to runoff rate and velocity increases, diversions,
concentration and/or unplanned ponding of storm runoff.
4. There shall be no parking or staging of semi-tractor trailers or associated vehicles on Weld
County Roads. The applicant shall utilize on-site parking.
5. The applicant must take into consideration stormwater capture/quality and provide
accordingly for Best Management Practices.
6. The applicant shall utilize the proposed internal roadway system for the site. This roadway
shall be surfaced with gravel, or equivalent, and shall be graded to prevent drainage
problems.
7. 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.
8. The operation shall be limited to a total of fifty(50)employees, as stated in the application
materials.
9. Semi tractor-trailers picking up milk shall be limited to 14 to 21 per week, commodity farm
trucks shall be limited to five (5) per week, and semi-tractor commodity trailers shall be
limited to ten (10) per week. Additional traffic volumes during harvest will be allowed(hay
trucks, semi-tractors daily during hay season and silage trucks daily during silage cutting
season) as stated in the application materials.
10. If dust control becomes a problem due to the heavy dairy hauling, the applicant shall apply
dust suppressant chemical (magnesium chloride or calcium chloride) on Weld County
Road 59 adjacent to the existing residential structures between the secondary dairy access
and State Highway 392. Dust suppressant shall be applied no less than twice a year, or
more often as determined by the Weld County Department of Public Works Motor Grader
Supervisor, not to exceed five times per year. The application would cover 300 feet of
frontage.
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11. The off-street parking spaces, including the access drive, shall be surfaced with gravel or
the equivalent, and shall be graded to prevent drainage problems.
12. The hours of operation in the milking parlors and related facilities will be 24 hours a 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.
13. The facility shall operate in compliance with Colorado Water Quality Control Commission
Regulation Number 81.
14. 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.
15. Any manure or process wastewater applications shall be 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.
16. The facility shall be operated and maintained in a manner to prevent nuisance conditions and
operate in accordance with the approved Management Plan for Nuisance Control.
17. 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 their current approved Management Plan for Nuisance Control.
18. The facility shall be operated in a manner to control pests. The facility shall be operated in
accordance, at all times, with the 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.
19. The facility shall be operated in a manner to control flies. The facility shall be operated in
accordance, at all times, with the 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.
20. The facility shall be operated in a manner to control odors. The facility shall be operated in
accordance,at all times,with the approved Management Plan for Nuisance Control. Odors
detected off the site shall not equal,or exceed,the level of fifteen-to-one dilution threshold,
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as measured using methods set forth in Regulation 2 of the Colorado Air Pollution Control
Regulations. Additional controls shall be implemented, at the request of the Weld County
Department of Public Health and Environment,in the event odor levels detected off the site
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.
21. 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.
22. 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.
23. 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.
24. 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.
25. 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.
26. 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.
27. If required, a Stormwater Discharge Permit shall be obtained from the Colorado Water
Quality Control Division for construction activities.
28. The dairy facility shall use North Weld County Water,as stated in the application materials.
29. 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.
30. 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: 2003
International Building Code,2003 International Mechanical Code,2003 International Plumbing
Code, 2005 National Electrical Code, and Chapter 29 of the Weld County Code.
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31. Building height shall be measured in accordance with the 2003 International Building Code
for the purpose of determining maximum 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,which
are measured to the farthest projection from the building.
32. A separate building permit shall be obtained prior to construction of any building.
33. Prior to the release of a building permit(s), the applicant shall submit evidence of approval
from the Galeton Fire Protection District to the Weld County Department of Building
Inspection.
34. 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.
35. 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.
36. 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.
37. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
38. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
39. 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.
40. 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.
41. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
42. 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.
43. 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
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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.
44. 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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