HomeMy WebLinkAbout20071542.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1590 FOR AN AGRICULTURAL SERVICE ESTABLISHMENT, INCLUDING A
LIVESTOCK CONFINEMENT OPERATION(A CALF RAISING OPERATION FOR UP TO
5,000 HEAD)IN THE A(AGRICULTURAL)ZONE DISTRICT-CONTRERAS FARMS,INC.
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
June, 2007, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the
application of Contreras Farms, Inc., for a Site Specific Development Plan and Use by Special
Review Permit#1590 for an Agricultural Service Establishment, including a Livestock Confinement
Operation(a calf raising operation for up to 5,000 head)in the A(Agricultural)Zone District on the
following described real estate, being more particularly described as follows:
Lot B of Recorded Exemption #3515; being located
in a portion of the W1/2SW1/4, and all of the
E1/2SW1/4 of Section 19, Township 7 North, Range
63 West of the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing on June 20, 2007, at the request of the applicant, the Board
deemed it advisable to continue the matter to July 25, 2007, then to August 22, 2007, at 10:00
a.m., to allow the applicant additional time to complete the real estate transaction on a portion of
the property, and to submit a completed Augmentation Plan, and
WHEREAS,at said hearing on August 22, 2007,said applicant was represented by Patrick
McNear, Scott Realty Company, 1212 8th Avenue, Greeley, Colorado 80631, 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.1 (A.Goal 1)promotes the preservation of prime farmland
for agricultural purposes which foster the economic health and continuance
of agriculture. The proposal does not effect the productivity of the site.
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SPECIAL REVIEW PERMIT#1590 - CONTRERAS FARMS, INC.
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b. Section 23-2-230.6.2--The proposed use is consistent with the intent of 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.
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.
e. Section 23-2-230.6.5 -- The site does not lie within any Overlay Districts.
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.
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 Contreras Farms, Inc., for a Site Specific Development
Plan and Use by Special Review Permit#1590 for an Agricultural Service Establishment, including
a Livestock Confinement Operation (a calf raising operation for up to 5,000 head) 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 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.D of the Weld County Code. Further,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 Regarding Collateral for Improvements and post adequate
collateral for all required on-site improvements and required materials
(parking and access related improvements). The agreement and form of
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collateral shall be reviewed by County staff and accepted by the Board of
County Commissioners prior to recording the plat.
C. A Management Plan for Nuisance Control shall be submitted to, and
approved by, the Weld County Department of Public Health and
Environment. The Nuisance Control Plan must address control measures
for dust, odors, flies, and pests. Evidence of such shall be submitted to the
Department of Planning Services.
D. 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)].
Evidence of Department of Public Health and Environment approval shall be
submitted to the Department of Planning Services.
E. 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)]. Evidence of such shall be submitted to
the Department of Planning Services.
F. 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)].
Evidence of such shall be submitted to the Department of Planning
Services.
G. The applicant shall provide evidence that a CAFO Colorado Discharge
Permit has been obtained from the Colorado Water Quality Control Division.
Evidence of such shall be submitted to the Department of Planning
Services.
H. A parking and circulation plan shall be submitted to the Department of Public
Works for review and approval. All parking spaces will be required to use
wheel stops to delineate parking from walk or pedestrian travel areas.
Written evidence of such shall be provided to the Department of Planning
Services.
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 stipulating that the oil and gas activities have adequately
been 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.
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J. 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 E of the Weld County Code.
K. This application is to address a Zoning Violation,VI-0600100(exceeding the
number of animal units allowed in the A (Agricultural) Zone District), and
was already brought before the Board of County Commissioners on May 9,
2006. As a result, an investigation fee of 50 percent of the application fee
($2,207.50) shall be paid to the Department of Planning Services.
L. The applicant shall submit an approved Water Augmentation Plan for the
existing wells, or submit evidence of another approved water source for the
calving operation.
M. 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-1590.
4) County Road 78 is classified as a local gravel road, which requires
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. This road
is maintained by Weld County.
5) The applicant shall address and adhere to the American 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 (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 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 Parking and Circulation Plan.
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7) The approved Lighting plan, if applicable.
8) Any approved signs, as applicable.
9) The 200-foot setback radius for existing oil and gas tank batteries,
and the 150-foot setback radius for oil and gas wellheads located on
the site, shall be indicated.
10) Designated parking areas (with an all-weather surfacing material)
shall be indicated on the plat.
11) The type and location of all easements and rights-of-way shall be
indicated on the plat. Improvements shall be located in a manner as
to not encroach upon, or limit the use of, these easements or
rights-of-way.
N. 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 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 Inspection, shall be submitted
with each building permit application.
B. A building permit shall be obtained prior to the construction of any
structures.
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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 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 2 ,ipetI-'t.i.;`gust, A.D., 2007.
''' ' - ` BOARD OF COUNTY COMMISSIONERS
pS� =1 W COUNTY, CO RADO
f lest ly v ._
ATTEST: /' / /1.l i.,.,:. �" c o
y ' - ° '4. ;�'i David E. Long, Chair /
Weld Count Clerk to th- , r . ' /
���r /l?"-/I---,
BY: J (� p Wilfia m
OWL 1111
Dep Clew() the Board, �� � �
Wi m F. Garcia
APP AS TO •
Robert D. Masden
cm
ountyAtt rney c-____\ 0,
Douglas tiademacher
Date of signature: 9/ti/u1
2007-1542
PL1901
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
CONTRERAS FARMS, INC.
USR#1590
1. A Site Specific Development Plan and Use by Special Review Permit #1590 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 calf raising operating for up to 5,000 head)in the A(Agricultural)
Zone District.
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. Utilize on-site parking.
5. The applicant must take into consideration stormwater capture/quality and provide
accordingly for Best Management Practices.
6. 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.
7. The operation shall be limited to a total of twelve (12) employees (including family
members), as stated in the application materials.
8. The proposed drainage crossing (2- 8' x 50')culverts should be sized to accommodate a
50-year storm event.
9. 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. Each parking space
shall be equipped with wheel guards or curb stops,where needed, to prevent vehicles from
extending beyond the boundaries of the spaces and from coming into contact with other
vehicles, walls, fences, or plantings.
10. The facility shall operate in compliance with Colorado Water Quality Control Commission
Regulation Number 81.
11. 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.
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12. 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.
13. The facility shall be operated and maintained in a manner to prevent nuisance conditions
and operate in accordance with the current approved Management Plan for Nuisance
Control.
14. 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 approved Management Plan for Nuisance Control.
15. 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.
16. 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 facility, and in the judgment of the Weld County Health Officer,
there exists a fly condition requiring abatement.
17. 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 the 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.
18. 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.
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19. 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.
20. 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's Regulation 9.
21. 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.
22. 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.
23. 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.
24. If required, a Stormwater Discharge Permit shall be obtained from the Colorado Water
Quality Control Division for construction activities.
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: 2003
International Building Code, 2003 International Mechanical Code, 2003 International
Plumbing Code, 2005 National Electrical Code, and Chapter 29 of the Weld County Code.
27. 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.
Offset and setback requirements are measured to the farthest projection from the building.
28. A separate building permit shall be obtained prior to construction of any building.
29. Prior to the release of a building permit, the applicant shall submit evidence of approval
from the Galeton Fire Protection District to the Weld County Department of Building
Inspection.
30. If required, a Stormwater Discharge Permit shall be obtained from the Colorado Water
Quality Control Division for construction activities.
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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 Colorado 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, Weld County Code.
35. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, 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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