HomeMy WebLinkAbout20071126.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1594 FOR AN AGRICULTURAL SERVICE ESTABLISHMENT PRIMARILY
ENGAGED IN PERFORMING AGRICULTURAL, ANIMAL HUSBANDRY, OR
HORTICULTURAL SERVICES ON A FEE OR CONTRACT BASIS, INCLUDING:
ANIMAL WASTE RECYCLING OR PROCESSING FACILITIES (WASTE WATER
TREATMENT FACILITY)IN THE A(AGRICULTURAL)ZONE DISTRICT-SWIFT BEEF
COMPANY
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 9th 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 Swift Beef Company, 1770 Promontory Circle, Greeley, Colorado 80634, for a Site
Specific Development Plan and Use by Special Review Permit#1594 for an Agricultural Service
Establishment primarily engaged in performing agricultural, animal husbandry, or horticultural
services on a fee or contract basis, including: Animal Waste Recycling or Processing Facilities
(Waste Water Treatment Facility)in the A(Agricultural)Zone District,on the following described real
estate, being more particularly described as follows:
SE1/4 of Section 31, Township 6 North, Range 64
West of the 6th P.M., Weld County, Colorado
WHEREAS,said applicant was represented by John Hulse 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 23-2-230.6.1 --The proposed use is consistent with Chapter22 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#1594 - SWIFT BEEF COMPANY
PAGE 2
b. Section 23-2-230.B.2--The proposed use is consistent with the intent of 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.
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.B.5 -- The site does not lie within any Overlay Districts.
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.
g. Section 23-2-230.6.7 -- 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 Swift Beef Company for a Site Specific Development Plan
and Use by Special Review Permit #1594 for an Agricultural Service Establishment primarily
engaged in performing agricultural,animal husbandry,or horticultural services on a fee or contract
basis, including:Animal Waste Recycling or Processing Facilities(Waste Water Treatment Facility)
in the A(Agricultural)Zone District on the parcel of land described above be, and hereby is,granted
subject to the following conditions:
1. Prior to recording the plat:
A. The applicant shall submit evidence of a Colorado Discharge Permit System
(CDPS)from the Water Quality Control Division of the Colorado Department
of Public Health and Environment for any proposed discharge into state
waterways. Evidence of approval shall be submitted to the Department of
Planning Services.
B. The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
C. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR-1594.
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SPECIAL REVIEW PERMIT#1594 - SWIFT BEEF COMPANY
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2) The attached Development Standards.
3) The applicant has not delineated any on-site sign(s). If any on-site
sign(s) are desired, the sign(s) shall adhere to Sections 23-4-90.A
and 23-4-90.B of the Weld County Code. One identification sign per
principal use shall be allowed, provided that the sign does not exceed
sixteen (16) square feet in area per face. All structures, including
signs, on the site must obtain the appropriate building permits.
4) The applicant shall delineate the security fence, including man gates,
and points of ingress and egress on the plat.
5) The plat shall meet all the requirements of Section 23-2-380 of the
Weld County Code.
6) Weld County Road 62.5 is classified as a local roadway with 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. If the
right-of-way can not be verified, it shall be identified as future
right-of-way.The plat shall delineate the existing right-of-way and the
documents which created it, along with any additional future
right-of-way required.
7) The applicant shall delineate the location of employee parking,
loading and unloading areas for delivery vehicles, and general on-site
circulation on the plat. The number of parking spaces associated
with this facility is eight (8) parking spaces.
8) The applicant shall delineate the location of the two points of ingress
and egress from Weld County Road 62.5 on the plat.
D. The applicant shall obtain approval from the Weld County Board of
Commissioners to vacate Use by Special Review Permit#45.
2. Prior to Construction:
A. The applicant shall contact the Department of Building Inspection to
determine appropriate building permits that may be required for all future
construction associated with this facility.
3. Upon completion of Condition of Approval #1 above, the applicant shall submit a
Mylar plat, along with all other documentation required as Conditions of Approval.
The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder
by the Department of Planning Services. The plat shall be prepared in accordance
with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar
plat and additional requirements shall be submitted within thirty(30)days from the
date of the Board of County Commissioners Resolution. The applicant shall be
responsible for paying the recording fee.
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SPECIAL REVIEW PERMIT#1594 - SWIFT BEEF COMPANY
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4. 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.
5. 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.
6. In accordance with Weld County Code Ordinance#2005-7,approved June 1,2005,
should the plat not be recorded within the required thirty(30)days from the date of
the Board of County Commissioners Resolution, a $50.00 recording continuance
charge may be added for each additional three (3) month period.
The above and foregoing Resolution was, on motion duly made and seconded,adopted by
the following vote on the 9th day of May, A.D., 2007.
BOARD OF COUNTY COMMISSIONERS
WgLD UNTY, COLORADO
ATTEST: atede La - er
David E. Long, Chair
Weld County Clerk to the :o.
_ 186 • -_
BY. /2 illia H. Jerk o-Tem
CCI < c
Deputy Clerk to the B �� ill °���
Willi Garcia
P FI APD AS TO FO 2v
Robert D. Masdenn
ty ttor y as9a0NJ-+e+nnAAir
Douglas Rademacher)
57
Date of signature: 99
2007-1126
PL1890
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
SWIFT BEEF COMPANY
USR#1594
1. A Site Specific Development Plan and Use by Special Review Permit #1594 is for an
Agricultural Service Establishment primarily engaged in performing agricultural, animal
husbandry, or horticultural services on a fee or contract basis, including: Animal Waste
Recycling or Processing Facilities(Waste Water Treatment Facility),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. Fire protection will be provided by the Union Colony Fire Rescue Authority.
4. All liquid and solid wastes, as defined in the Solid Wastes Disposal Sites and Facilities Act,
Section 30-20-100.5,C.R.S.,shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
5. No permanent disposal of wastes shall be permitted at this site. This is not meant to include
those wastes specifically excluded from the definition of a solid waste in the Solid Wastes
Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S.
6. Waste materials shall be handled, stored,and disposed of in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
7. Fugitive dust and fugitive particulate emissions shall be controlled on this site.
8. The applicant shall comply with all applicable rules of the Air Pollution Control Division of the
Colorado Department of Public Health and Environment.
9. The facility shall not emit odors that constitute a nuisance. Odors detected off the site shall
not equal, or exceed,the level of fifteen-to-one dilution threshold, as measured pursuant to
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 judgement of the Weld County Health Officer,there
exists an odor condition requiring abatement.
10. The facility shall be operated in a manner to control flies.
11. The applicant shall comply with the discharge permit from the Colorado Department of
Public Health and Environment, Water Quality Control Division.
12. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial
Zone District, as delineated in Section 25-12-103, C.R.S.
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13. Adequate hand washing and toilet facilities shall be provided for employees and patrons of
the facility.
14. Sewage disposal for the facility shall be treated by the waste water treatment facility on the
site.
15. The facility shall utilize the existing public water supply(North Weld County Water District).
16. All potentially hazardous chemicals must be stored and handled in a safe manner in
accordance with product labeling and in a manner that minimizes the release of hazardous
air pollutants and volatile organic compounds.
17. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
18. The access shall be graded and drained to provide ancall-weather access.
19. 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, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
20. A Flood Hazard Development Permit shall be obtained prior to start of construction of any
new structures.
21. A building permit shall be obtained prior to start of construction of any new structure.
22. 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 architect or engineer.
Two complete sets of plans are required when applying for each permit. The applicant shall
include a Code Analysis Data Sheet provided by the Weld County Department of Building
Inspection with each building permit application. Building plans shall also be submitted to
Union Colony Fire and Rescue Authority for approval.
23. 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, 2003 International Fuel Gas Code, and the 2005 National Electrical Code, and
Chapter 29 of the Weld County Code.
24. The building will probably be classified as follows: B(Laboratory/Blower). All buildings used
by the public, including the bathrooms, shall be accessible to persons with disabilities. Fire
resistance of walls and openings, construction requirements, maximum building height,and
allowable areas will be reviewed at the plan review. Setback and offset distances shall be
determined by the Weld County Code.
25. Building height shall be measured in accordance with the 2003 International Building Code
for the purpose of determining the maximum building size and height for various uses and
types of construction and to determine compliance with the Bulk Requirements from
Chapter 23 of the Weld County Code. Building height shall be measured in accordance with
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Chapter 23 of the Weld County Code in order to determine compliance with offset and
setback requirements. When measuring buildings to determine offset and setback
requirements, buildings are measured to the farthest projection from the building. Property
lines shall be clearly identified and all property pins shall be staked prior to the first site
inspection.
26. The applicant shall provide a letter of approval from the Union Colony Fire and Rescue
Authority prior to new construction.
27. 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.
28. Effective August 1, 2005, building permits issued on the proposed lot will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee Programs.
29. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
30. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
31. 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.
32. 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
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.
33. 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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