HomeMy WebLinkAbout20071217.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1595 FOR AN AGRICULTURAL SERVICE ESTABLISHMENT,INCLUDING
A LIVESTOCK CONFINEMENT OPERATION(DAIRY OPERATION FOR A TOTAL OF
10,000 HEAD OF CATTLE,INCLUDING MILKING COWS,DRY COWS,HEIFERS,AND
CALVES) IN THE A (AGRICULTURAL)ZONE DISTRICT - GARRETT AND CARLA
DE VRIES 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 16th 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 Garrett and Carla De Vries Family Trust, P.O. Box 559, Lakeview, California 92567,
for a Site Specific Development Plan and Use by Special Review Permit#1595 for an Agricultural
Service Establishment,including a Livestock Confinement Operation(dairy operation for a total of
10,000 head of cattle, including milking cows,dry cows, heifers, and calves)in the A(Agricultural)
Zone District on the following described real estate, being more particularly described as follows:
NW1/4 of Section 31, Township 6 North, Range 63
West of the 6th P.M., Weld County, Colorado
WHEREAS,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.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
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SPECIAL REVIEW PERMIT#1595 - GARRETT AND CARLA DE VRIES FAMILY TRUST
PAGE 2
encouraged to locate in areas that minimize the removal of agricultural land
from production." Dairies are considered agricultural related uses.
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 B.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 23-2-230.6.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. The site is surrounded by
agricultural land. The nearest single-family residences are located 1/4 mile
to the north, south, and east of the site. The next nearest residence is
located 1/2 mile to the west of the site.
d. Section 23-2-230.6.4--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. The site is
not located within the three-mile referral area of any 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.
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 site is considered "irrigated non-prime" and "prime if irrigated"
according to the 1979 Prime Farmlands of Weld County Map. Dairies are
considered an agriculturally related use.
g. Section 23-2-230.6.7--The Design Standards(Section 23-2-240),Operation
Standards (Section 23-2-250), 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 Garrett and Carla De Vries Family Trust for a Site Specific
Development Plan and Use by Special Review Permit #1595 for an Agricultural Service
Establishment, including a Livestock Confinement Operation(dairy operation for a total of 10,000
head of cattle, including milking cows, dry cows, heifers, and calves) in the A(Agricultural) Zone
District on the parcel of land described above be, and hereby is, granted subject to the following
conditions:
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1. Prior to recording the plat:
A. The applicant has not indicated 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 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
23-2-250.0 of the Weld County Code. Further,the approved Lighting Plan
shall be delineated on the plat.
B. The applicant shall enter into an Improvements Agreement According to
Policy Regarding Collateral for Improvements and post adequate collateral
for all required materials(parking and transportation related improvements).
The agreement and form of collateral shall be reviewed by County staff and
be accepted by the Board of County Commissioners prior to recording the
plat.
C. The applicant shall provi de documentation, prepared by a Colorado
registered professional engineer,that all wastewater impoundments for the
Confined Animal Feeding Operation(CAFO)meet seepage rate standards
of the 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.
E. The applicant shall apply for the appropriate permits for the existing
buildings/structures that have been, and/or are being, constructed that are
not covered under existing building permits. Written evidence that these
permits have been applied for shall be provided to the Department of
Planning Services.
F. 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. [81.5 (6)].
Written evidence of Department of Public Health and Environment approval
shall be provided to the Department of Planning Services.
G. The applicant shall provide evidence that a CAFO Colorado Discharge
Permit has been applied for, or obtained, from the Colorado Water Quality
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Control Division. Written evidence of Department of Public Health and
Environment approval shall be provided to the Department of Planning
Services.
H. 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-1595.
4) County Roads 61 and 64 are designated on the Weld County Road
Classification Plan as local gravel roads, which require 60 feet of
right-of-way at full buildout (30-feet from the centerline of County
Roads 61 and 64). 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.
5) The applicant shall address, and adhere to, the American with
Disabilities Act (ADA) standards for this facility at all times.
Non-ambulatory/ambulatory parking spaces shall be identified and
shown on the plat. This site will be required to meet all ADA
requirements. ADA parking spaces are twenty(20)feet by eight(8)
feet, with five (5) foot aisles. A minimum of one (1) 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. Signing will be
required. Curb cuts, ramps, and other methods of providing
accessibility shall be required to reasonably attempt to meet the
requirements of this Act. Should the applicant elect to not adhere to
the previously discussed Federal Standards, the applicant
must outline how the proposed site design mitigates the ADA
requirements.
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 radius for the existing oil and gas tank battery
located in the northeast corner of the site shall be indicated.
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10) The two westernmost agricultural accesses off of County Road 64
shall each be labeled "existing access to be removed".
11) The access on County Road 61 shall be relocated to the south, a
minimum of 150 feet away from the intersection of County Roads 61
and 64. The access shall come to County Road 61 at a 90-degree
angle for a minimum of two to three truck lengths.
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. 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. A Code Analysis Date
sheet, provided by the Weld County Department of Building Inspection,shall
be submitted with each building permit application.
B. A building permit shall be obtained prior to the construction of any structures.
5. Prior to Operation:
A. The applicant shall provide written evidence from the Department of Public
Works that the following access revisions have been made to the
satisfaction of the Department of Public Works:
1) The access from County Road 61, in the northwest corner of the
property,shall be relocated to the south a minimum of 150 feet away
from the intersection of County Roads 61 and 64.
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2) The access shall come to County Road 61 at a 90-degree angle for
a minimum of two to three truck lengths to provide adequate vehicle
staging and sight distance.
3) All trees in the sight distance triangle shall be cut below 3.5 feet to
provide sight distance a minimum of 550 feet down County Road 61.
4) The remaining accesses on County Road 64(with the exception of
the existing residential and oil and gas accesses north of the
agricultural/equipment shop) shall be removed.
6. 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.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 16th day of May, A.D., 2007.
BO D OF COUNTY COMMISSIONERS
lint, E IL,a WE OUNTY, COLO ADO
ATTEST: dd //!!
Weld County Clerk to the Board, `
vid E. Long, Chair
/� William H. , Pro-Tem
BY: ,C'�1 4 a i Fe/ - '
De Cle o the Boar
Wi am . Garcia V-------
Robe
M: Yirk'.D. Masden
ounty Attorney ca.erDie,Q ,,,(A,--
Dougla Rademach r
Date of signature: 3 i 31101
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
GARRETT AND CARLA DE VRIES FAMILY TRUST
USR #1595
1. The Site Specific Development Plan and Use by Special Review Permit#1595 is for an
Agricultural Service Establishment primarily engaged in performing agricultural, animal
husbandry, or horticultural services, on a fee or contract basis, including a Livestock
Confinement Operation (a dairy operation for a total of 10,000 head of cattle, including
milking cows,dry cows, heifers,and calves)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 County
Roads. The applicant shall utilize the on-site parking.
5. The off-street parking spaces, including the access drive, shall be surfaced with gravel,
asphalt, concrete, or the equivalent, and shall be graded to prevent drainage problems.
Each space shall be equipped with wheel guards or curb stops, where needed, to prevent
vehicles from extending beyond the boundaries of the space and coming into contact with
other vehicles, walls, fences, or plantings.
6. There are presently two accesses for oil and gas purposes. One access is located at the
northeast corner of the property (County Road 64), and another access is located at the
southwest corner of the property(County Road 61). The applicant/owner shall continue to
utilize these two accesses for oil and gas purposes only.
7. The applicant shall utilize the proposed internal roadway system for the site. The roadway
shall be a graded and paved roadway to provide an all-weather surface.
8. Pursuant to Chapter 15, Articles I and II, of the Weld County Code, should 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.
9. The operation shall be limited to a total of fifty(50)employees, as stated in the application
materials.
10. Semi tractor-trailers picking up milk shall be limited to four (4) per 24-hour period,
commodity farm trucks shall be limited to three (3) per 24-hour period, and semi-tractor
commodity trailers shall be limited to ten (10) per week, as stated in the application
materials.
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11. 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.
12. The facility shall operate in compliance with Colorado Water Quality Control Commission
Regulation Number 81.
13. 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
facilities CAFO Colorado Discharge Permit.
14. 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.
15. 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.
16. The facility shall control fugitive dust on this site and shall be operated and maintained in a
manner to prevent nuisance conditions. The facility shall be operated in accordance, at all
times, with the approved Management Plan for Nuisance Control.
17. 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.
18. 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 facility,and in the judgment of the Weld County Health Officer,
there exists a fly condition requiring abatement.
19. 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,
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
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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.
20. 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.
21. 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.
22. 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.
23. 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.
24. The facility shall adhere to the maximum permissible noise levels allowed in the Light
Industrial Zone, as delineated in Section 25-12-103, C.R.S.
25. Waste materials, not specifically addressed by other development standards, shall be
handled,stored, and disposed of in a mannerthat controls fugitive dust,blowing debris,and
other potential nuisance conditions.
26. If required, a Stormwater Discharge Permit shall be obtained from the Colorado Water
Quality Control Division for construction activities.
27. The dairy facility shall use North Weld County Water as stated in the application materials.
28. A plan review is required for each building forwhich 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.
29. 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.
30. A separate building permit shall be obtained prior to construction of any building.
31. Prior to the release of building permits,the applicant shall submit evidence of approval from
the Galeton Fire Protection District to the Weld County Department of Building Inspection.
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32. 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.
33. 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.
34. The property owner shall allow any mineral owner the right of ingress or egress for the
purposes of exploration development,completion, re-completion, re-entry,production,and
maintenance operations associated with existing or future operations located on these
lands.
35. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
36. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
37. 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.
38. 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.
39. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
40. 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.
41. 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.
42. 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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